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HomeMy WebLinkAbout2015.12.08_Worksession AgendaPUBLIC NOTICE OF THE MEETING OF THE RECEIVED OWASSO CITY COUNCIL, OPWA & OPGA DEC Council Chambers, Old Central Building Qty Clerk's office 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, December 8, 2015 - 6:00 pm Call to Order Mayor /Chair Jeri Moberly 2. Discussion relating to Annexation (OA 15 -08) 14001 E 96th St N - Ordinance with Emergency Clause Karl Fritschen /Julie Lombardi 3. Discussion relating to City Attorney items Julie Lombardi A. Ordinance - Texting and Driving B. Ordinance Amendment - Amending Youth Tobacco to Include Vapor Products C. Ordinance Amendment - Amending Child Restraint System 4. Discussion relating to Sewer Use (Fats, Oils & Greases) Ordinance Travis Blundell 5. Discussion relating to Planning Commission appointment Mayor Moberly 6. Discussion relating to City Manager items • Bradford Pond (Silver Creek) drainage Reference: citizen presentation November 17, 2015 • Recapture Vision 2025 sales tax election • Youth Sports status report • Monthly sales tax report • City Manager report 7. City Council/Trustee comments and inquiries 8. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hail bulletin board at 6:00 pm on Friday, December 4, 2015. y� Sherry Bisho ity Clerk The City wit ouf Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl A. Fritschen Chief Urban and Long Range Planner SUBJECT: Annexation and Ordinance (OA 15 -08) DATE: December 4, 2015 BACKGROUND: The Community Development Department received a request for annexation for property located at 14001 E 961h St North. The property is 6.35 acres in size and has been used for residential purposes. The applicant has indicated they have plans to join this tract with the one to the west where together they will be developed for single family residential uses in compliance with the City of Owasso development codes and ordinances. The property is not platted and will be assigned a zoning of AG (Agriculture). SURROUNDING ZONING: Direction zoning Use Land Use Plan Jurisdiction North RE (Agriculture & Residential Estate) Residential Residential Tulsa County Within PUD? ' AG /RS -2 Within Overlay District ? N/A Water Provider /District South (Agriculture & Church Residential City of Residential ) Owasso East RE (Residential Estate ) Residential I Residential Tulsa County West RE (Residential Residential Residential City of Estate Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 6.35 acres Current Zoning OM Office Medium Proposed Use Residential Lots /Blocks N/A Number of Reserve Areas N/A Within PUD? ' N/A Within Overlay District ? N/A Water Provider /District City of Owasso Applicable Paybacks Elm Creek Sanitary Sewer Payback 1580 /acre Streets (public or private) N/A ANALYSIS: The applicant for this annexation has indicated that this property along with the property immediately to the west will be joined and developed for residential uses. The proposed use supports the City of Owasso's Land Use Master Plan as this area is called out for residential uses. According to the official zoning map and the Tulsa County parcel database, the property is currently zoned OM (Office Medium) and is located within Tulsa County. Upon annexation, the property will be subject to all development standards, codes and ordinances of the City of Owasso, including, but not limited to paved streets, stormwater detention, sidewalks, life safety, and landscaping. A zoning of AG will be assigned to this property. Due to the upcoming election in March 2016, the ordinance for OA 15 -08 must evoke the "emergency clause," whereby the 30 -day holding period is avoided. Per State Statues, cities may not incorporate areas after December 31 for elections held in March. Enacting the "emergency clause" also avoids any possibility for the upcoming election cycle to be declared invalid. COMPREHENSIVE PLAN CONSISTENCY: The GrOwasso 2030 Land Use Master Plan identifies the subject property and its surroundings as having a future land use for Residential development. The proposed residential use conforms to the land use plan. ANNEXATION COMMITTEE: The Annexation Committee reviewed and recommended approval for the annexation request OA 15 -08 at its November 25, 2015, meeting. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on December 7, 2015. RECOMMENDATION: Staff intends to recommend approval of annexation, OA 15 -08, and the associated ordinance with an "emergency clause" and assigning a zoning of Agriculture (AG) to the property at the regular meeting of the City Council on December 15, 2015. ATTACHMENTS: Ordinance OA 15 -08 Area Map Aerial Map Legal Description and Exhibit CITY OF OWASSO, OKLAHOMA ORDINANCE _ AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY SUCH THAT THIS ORDINANCE SHALL BECOME IMMEDIATELY EFFECTIVE ON THE DATE IT IS APPROVED. WHEREAS, public hearings have been held regarding the request for annexation of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the Owasso Planning Commission and all statements for or against the requested annexation the property referenced in application OA -1 5-08. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: A parcel of land located in the southeast quarter of (SE /4) of Section Sixteen (16), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base & Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government survey thereof, said tract being described as follows, to -wit: The southeast quarter of the southwest quarter of the southeast quarter (SE /4 SW /4 SE /4) less the west 220.00 feet thereof and less .16 ac for Road Section Sixteen (16) Township Twenty -one (21) North, Range Fourteen (14) East. More Particular: Commencing at the southeast corner of said Section 16; thence S88 °32'52" W along the south boundary of said Section 16 a distance of 1,324.45 feet; thence NO1 °18'36 "W a distance of 33.00 feet to the point of beginning; thence S88 032'52 "W a distance of 442.22 feet; thence NO1 °18'29 "W a distance of 627.11 feet; thence N88 °34'24 "E a distance of 442.20 feet; thence S01 018'36 "E a distance of 626.91 feet to the point of beginning. Said parcel containing 277,269.07 square feet or 6.4 acres more or less. The location of the subject property is 14001 East 96th Street North, Owasso, OK. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate and the same is hereby zoned AG (AGRICULTURAL). SECTION TWO (1): That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION THREE (2): All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (3): If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (4): It is necessary for the immediate preservation of the peace, health, and safety of the City of Owasso, Oklahoma, and the inhabitants thereof, that this Ordinance become effective immediately, and therefore an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately from and after the date of its passage and approval. SECTION SIX (5): That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this 15th day of December, 2015. Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney � i J a W I AG E100STN CG PUD -06 -01 a OM W � z RE Subject Tract i Up s IU Q W Z M z AG OM E-96th-S-T -N W CS I AG !� lu UI Q' W W Vi W l M CO! ea M =; z yl z z z > 'm AG m E95PLN AG RS -2 RS -2 E 94-ST N- ' E94ST1J ESO TN) Z i '�P LLI m E93PLN 1 R` z, LEGEND E 93 $T !J E93CTN E93ORN E93$TN � Owasso Corporate Limits — Note: Graphic overlays may not precisely align with physical 1 / / /�y STract t OA 15 -08 16 21 N 0 100 200 400 I I I features on the ground ' � -14 r r March � � Aerial Photo Date: March 2014 Feet Subject Tract F ' — tjr.. _ w j 0 LEGEND Owasso Corporate Limits Note: Graphic overlays may 0 so 100 200 not precisely align with physical - iSub' t OA 75 -08 1621 -14 I I I I I features on the ground. 1//7` Tr2Ct Feel Aerial Photo Date: March 2014 " PLAT OF SURVEY R 14 i E ci kik 213 0 3 Ne E 6 - - a.. OASIS OF BEARINGS: GPS TACAIIW! 110P N88'34'24 "E 442.20' _ a! rn �� N N O � W aI N � O y 2 i O8 1T U� 01'18'36"W 33.00' S88'32'52"W_7�324.45___ —__ —% 96111 STREET NORTH— _ ____ 88'32'52"W 42.22' DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF (SE /4) OF SECTION SIXTEEN (16), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE & MERIDIAN. TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT BEING DESCRIBED AS FOLLOWS, TO -WfT: THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SE /4 SW 14 SE /4) LESS THE WEST 220.00 FEET THERE OF AND LESS .16 AC FOR ROAD SECTION SIXTEEN (16), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST. MORE PARTICULAR: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE SB8'32'52`Y ALONG THE SOUTH BOUNDARY OF SAID SECTION 16 A DISTANCE OF 1,324.45 FEET ; THENCE NO7'18'36'W A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING; THENCE S88'32'52 W A DISTANCE OF 442.22 FEET; THENCE N01'18'29W A DISTANCE OF 627.11 FEET; THENCE N88'34'24'E A DISTANCE OF 442.20 FEET; THENCE S01'18'36E A DISTANCE OF 626.91 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 277,269.07 SQUARE FEET OR 6.4 ACRES MORE OR LESS. CERTIFICATION I, ROBERT E. BIRD, A REGISTERED LAND SURVEYOR IN THE STATE OF OKLAHOMA DO HEREBY CERTIFY THAT THE ABOVE PLAT IS TRUE AND A CORRECT REPRESENTATION OF THE SURVEY OF THE ABOVE DESCRIBED PROPERTY AND THAT THIS SURVEY MEETS OR EXCEEDS THE OKLAHOMA MINIMUM STANDARDS FOR THE PRACTICE OF LAND SURVEYING AS ADOPTED BY THE OKLAHOMA STATE BOARD OF REGISTRATION FOR PROCESSIONAL ENGINEERS AND LAND SURVEYORS, WITNESS MY HAND AND SEAL ON THIS 20th DAY OF OCTOBER, 2015. FgSSiOg DATE OF UST SITE VMIT 10 -19 -2015 O b < Qe, 9 2 ROBERT E. N w BIRD A BIRD SURVEYING & DESIGN, PLLC m 1558 me 9020 NORTH 175TH EAST AVENUE ROBERT E. BIRD, PE, PLS t OWASSO, OK 74055 OK PLS 1558 (918) 645 -6392 OCTOBER 20, 2015 OTCLAH0INP' CA 4454 EXP 6/30/2016 nriiy Wit ouf Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Proposed Ordinances and Amendments Regulating Texting While Driving, Vapor Products and Child Passenger Restraint System Requirements, DATE: December 4, 2015 BACKGROUND Changes in State law have prompted consideration of one new ordinance prohibiting texting and driving, and amendments to current sections in the Owasso Code or Ordinances 1) prohibiting minors from obtaining and using tobacco products, and, 2) imposing requirements for child passenger restraint systems. Texting While Driving The State enacted legislation prohibiting texting while driving which became effective on November 1, 2015. It is necessary for the City of Owasso to adopt its own municipal ordinance so that citations for this offense may be prosecuted in the City's municipal court. The proposed ordinance, which creates section 15 -558 titled "Texting While Driving," mirrors the statute adopted by the State. The new ordinance provides that it shall be unlawful for any person operating a motor vehicle to use a hand -held communication device to manually compose, send or read an electronic text message while the vehicle is in motion. The ordinance further provides that violations of the ordinance may be punished with a fine not to exceed that allowed by state law (currently set at $100). The ordinance additionally contains a list of exceptions outlining scenarios wherein the prohibition against texting and driving would not apply. These include communication in emergency situations with emergency response operators, hospitals and other medical providers, ambulance services, firefighting services and law enforcement. Amendments to Ordinances Prohibiting Furnishing Tobacco Products to Minors and Receipt of Tobacco Products by a Minor The Owasso City Council approved ordinances several years ago prohibiting the furnishing and receipt of tobacco products to and by minors. Those ordinances imposed penalties upon persons who sell or otherwise provide tobacco products to minors, and upon minors who purchase, accept or possess tobacco products. These ordinances substantially mirrored corollary state laws authorizing municipalities to enact ordinances of this type. In 2014, the Legislature amended State law to prohibit vapor products in addition to tobacco products. Consequently, it is advisable for the City to consider amending its own ordinances to include vapor products as well. The proposed ordinance again mirrors the amendments made to State law in this regard. The punishment for providing vapor products to minors is a graduated schedule of increasing fines with eventual potential loss of a business's sales tax permit. Failure to remit payment of an imposed fine may also result in suspension or non - issuance of the offender's driver's license. Amendments to Child Passenger Restraint System Requirements Section 15 -308 of the Owasso Code of Ordinances mirrors State law in setting forth requirements for child passenger restraint systems. Effective November 1, 2015, State law was amended to contain additional requirements for children eight (8) years of age and younger or who are four (4) feet nine (9) inches in height or shorter. Based upon the significant amendments to State law, it is advisable for the City of Owasso to also consider identical amendments to the municipal ordinance. PROPOSED ACTION: These ordinances will be placed on the December 15, 2015, agenda for consideration and action by the City Council. Staff will recommend approval of these three ordinances. ATTACHMENTS: A. Proposed new ordinance prohibiting texting while driving B. Proposed ordinance amending sections relating to tobacco and minors to include vapor products C. Proposed ordinance amending child passenger restraint system requirements CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART 15, TRAFFIC & VEHICLES, CHAPTER 5, DRIVING, OVERTAKING & PASSING, SECTION 15 -558, TEXTING WHILE DRIVING, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, MAKING IT UNLXWFUL TO MANUALLY COMPOSE, SEND OR READ AN ELECTRONIC TEXT MESSAGE WHILE OPERATING A MOTOR VEHICLE._ THIS ORDINANCE ENACTS AND CODIFIES PART 15, CHAPTER 59 SECTION 15 -558, OF THE CITY OF OWASSO CODE OF ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF.OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Fifteen, Traffic & Vehicles, Chapter Five, Driving, Overtaking & Passing, Section 15 -558, Texting While Driving, of the Code of Otdines of the City of Owasso, Oklahoma, shall be adopted as follows: SECTION 15 -558 s TEXTING WHILE DRIVING' A. It shall be u d I for any person to operate a:motor vehicle on any street or highway while using a hand -held electronic.communigation device to manually compose, send or read an electronic text message w'' otor vehicle is in motion. B. Any person who violates the provisions of subsection (A) of this section shall, upon conviction, be punished by a finer to exceed that allowed by Oklahoma State Statutes. C. The provisions of subsection (A) of this section shall not apply if the person is using the cellular telephone or electronic communication device for the sole purpose of communicating with,ghy of the following regarding an imminent emergency situation: 1. An em "`"'ticy response operator; 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. D. For the purpose of this section: 1. "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; 2. "Compose ", "send" or "read" with respect to a text message means the manual entry, sending or retrieval of a text mAsaum cate with any person or device; 3. 'Electronic communication device" means e that permits the user to manually transmit a communicaty means other than through an oral transfer or wire co rm does not include a device that is physically or el into a motor vehicle or a voice - operated global positioning or navigation system, that is affixed to a motor vehicle, or a bids -free de that allows the u' to write, send or read a text message without the either hand except to activate, deactivate or initiate a feature or funbTon; and 4. "Text message" includest -based message; in message, electronic message, photo, video or el #rgnic ail. y` SECTION TWO (2): REPEALER All ordinances, or pails of ordinances, in confli ith w this ordinance are hereby repealed to the extent of the confliLonly SECTION THREE (3): If any part or parts of this o remaining portion shall not be. SECTION UR (4): The provisions of -f passage as provided SECTION FIVE (5) law. deemed unconstitutional, invalid or ineffective, the shall remain in full force and effect. AN EFFECTIVE DATE shall become effective thirty (30) days from the date of final CODIFICATION This ordinance shall be codified in Part 15, Chapter 5, Section 15 -558. PASSED by the City Council of the City of Owasso, Oklahoma on the day of 2015. ATTEST: Sherry Bishop, City Clerk (SEAL) Jeri y - z APPROVED as to form and legality this \ day of X2015. Julie Lombardi, City Attorney ORION , Mayor 3 CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES, CHAPTER 9, SMOKING & TOBACCO, SECTION 10 -901, TOBACCO TO MINORS - DEFINITIONS, SECTION 10 -902, FURNISHING, GIVING OR SALE OF TOBACCO PRODUCTS TO MINORS AND SECTION 10 -903, RECEIPT OF TOBACCO PRODUCTS BY A MINOR, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, PROVIDING A DEFINITION OF A VAPOR PRODUCT AND MAKING IT UNLAWFUL 1) TO SELL OR OTHERWISE PROVIDE VAPOR PRODUCTS TO MINORS, AND 2) FOR MINORS TO PURCHASE, RECEIVE ACCEPT OR POSSESS VAPOR PRODUCTS AS WELL AS TOBACCO PRODUCTS: THIS ORDINANCE AMENDS A SECTIONS 10 -901 THROUGH 10 OF ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE TO -WIT: SECTION ONE (1): Par Tobacco, Sections Furnishing, Giving or S� Tobacco Products by Oklahoma, shall be ar SECTION 10 -901 As used in this section: A. 'Person" means any trust, or association, INES PART '`10, CHAPTER 9, THE CITY OF OWASSO CODE OWASSO, OKLAHOMA, THAT, Offenses & Crimes, Chapter Nine, Smoking & Tobacco to Minors - Definitions, Section 10 -902, )bacco Products to Minors and 10 -903, Receipt of , of the Code of Ordinances of the City of Owasso, I, firm, fiduciary, partnership, corporation, formed; B. 'Proof of age" means a driver license, license for identification only, or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid; C. "Sample" means a tobacco product distributed to members of the public at no cost for the purpose of promoting the product; D. "Sampling" means the distribution of samples to members of the public in a public place; E. "Tobacco product" means any product that contains tobacco and is intended for human consumption; F. "Transaction scan" means the process by which a seller checks, by means of a transaction scan device, the validity of a driver license or other government- issued photo identification; G. "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 license or other government- issued photo identification. H. "Vapor product" shall mean 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. "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. "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. SECTION 10 -902 FURNISHING, GIVING OR SALE OF TOBACCO OR VAPOR PRODUCTS TO MINORS A. It is unlawful for any person to sell, give or furnish in any manner any tobacco or vapor product to another person who is under eighteen (18) years of age, or to purchase in any manner a tobacco or vapor product on behalf of any such person. Provided, however, that it shall not be unlawful for an employee under eighteen (18) years of age to handle tobacco or vapor products when required in the performance of the employee's duties. B. A person engaged in the sale or distribution of tobacco 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 might be less than eighteen (18) years of age. C. If an individual engaged in the sale or distribution of tobacco or vapor products has demanded proof of age from a prospective purchaser or recipient who is not less than eighteen (18) years of age, the failure to subsequently require proof of age shall not constitute a violation of subsection B of this section. 1. When a person violates subsection A or B of this section, he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine as follows: a. Not more than One Hundred Dollars ($100) for the first offense, b. Not more than Two Hundred Dollars ($200) for the second offense within a two -year period following the first offense, c. Not more than Three Hundred Dollars ($300) for a third offense within a two -year period following the first offense. In addition to any other penalty, the store's license to sell tobacco products, or the store's sales tax permit for a store that is predominantly engaged in the sale of vapor products in which the sale of other products is merely incidental, may be suspended for a period not exceeding thirty (30) days, or d. Not more than Three Hundred Dollars ($300) for a fourth or subsequent offense within a two -year period following the first offense. In addition to any other penalty, the store's license to sell tobacco products, or the store's sales tax permit for a store that is predominantly engaged in the sale of vapor products in which the sale of other products is merely incidental, may be suspended for a period not exceeding sixty (60) days. 2. Pursuant to State law, when it has been determined by a municipal court that a penalty shall include a license suspension, the ABLE Commission will notify the Oklahoma Tax Commission, and the Tax Commission will suspend the store's license to sell tobacco products, or the store's sales tax permit for a store that is predominantly engaged in the sale of vapor products in which the sale of other products is merely incidental, at the location where the offense occurred for the period of time prescribed by the ABLE Commission. 3. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to any action brought pursuant to this section. A person cited for violating 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: a. The individual who purchased or received the tobacco or vapor product presented a driver license or other government- issued photo identification purporting to establish that such individual was eighteen (18) years of age or older, and b. The person cited for the violation confirmed the validity of the driver license or other government- issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device. c. 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 license or other government - issued photo identification was that of the individual who presented it. The availability of the defense described in this subsection does not affect the availability of any other defense under any other provision of law. D. If the sale is made by an employee of the owner of a store at which tobacco or vapor products are sold at retail, the employee shall be guilty of the violation and shall be subject to the fine. Each violation by any employee of an owner of a store licensed to sell tobacco products or permitted to sell vapor products shall be deemed a violation against the owner for purposes of a license suspension pursuant to subsection C of this section. Each violation by an employee of a store predominantly engaged in the sale of vapor products in which the sale of other products is merely incidental shall be deemed a violation against the owner for purposes of a sales tax permit suspension pursuant to the provisions of subsection C of this section. An owner of a store licensed to sell tobacco products or permitted to sell vapor products shall not be deemed in violation of this section for any acts constituting a violation by any person, when the violation occurs prior to actual employment of the person by the store owner or the violation occurs at a location other than the owner's retail store. For purposes of determining the liability of a person controlling franchises or business operations in multiple locations, for any violations of subsection A or B of this section, each individual franchise or business location shall be deemed a separate entity. E. Upon failure of the employee to pay the fine within ninety (90) days of the day of the assessment of such fine, the Municipal Court clerk shall notify the Department of Public Safety and the Department will, pursuant to State law, suspend or not issue a driver's license to the employee until proof of payment has been furnished to the Department of Public Safety. F. Upon failure of a storeowner to pay the administrative fine within ninety (90) days of the assessment of the fine, the clerk of the municipal court shall notify the Oklahoma Tax Commission and the Tax Commission shall suspend the store's license to sell tobacco products, or the store's sales tax permit for a store that is predominantly engaged in the sale of vapor products in which the sale of other products is merely incidental, until proof of payment has been furnished to the Oklahoma Tax Commission. SECTION 10 -903 RECEIPT OF TOBACCO PRODUCTS BY A MINOR A. It is unlawful for a person who is less than eighteen (18) years of age to purchase, receive or accept receipt of, or have in their possession, a tobacco or vapor product, or to present or offer to any person any purported proof of age which is false or fraudulent, or not actually his or her own, for the purpose of purchasing or receiving any tobacco or vapor product. Provided, however, it shall not be unlawful for such a person an employee who is less than eighteen (18) years of age to handle such tobacco or vapor products when required in the performance of such person's the employee's duties. B. When a person violates subsection A of this section he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine of: 1. Not to exceed One Hundred Dollars ($100) for a first offense; and 2. Not to exceed Two Hundred Dollars ($200) for a second or subsequent offense within a one -year period following the first offense. Upon failure of the individual to pay such the fine within ninety (90) days of the day of such the fine, the Municipal Court clerk shall notify the Department of Public Safety and, by operation of State law, the Department shall suspend or not issue a driver license to the individual until proof of payment has been furnished to the Department of Public Safety. SECTION TWO (2): REPEALER All ordinances, or parts of ordinances, in repealed to the extent of the conflict onl SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are ineffective, the remaining portion shall not force and effect. SECTION FOUR (4): The provisions date of final c SECTIO This ordinance shall and 10 -903. PASSED by the City Coun of 2015. ATTEST: Sherry Bishop, City Clerk IS E A L) ordinance are hereby unconstitutional, invalid or ted but shall remain in full TE shall become effective thirty (30) days from the d by state law. ;.ATION I,in Part 10, Chapter 9, Sections 10 -901, 10 -902 the City of Owasso, Oklahoma on the day Jeri Moberly, Mayor APPROVED as to form and legality this day of 2015. Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART 15, TRAFFIC & VEHICLES, CHAPTER 3, VEHICLE EQUIPMENT, SECTION 15 -308, MANDATORY SEAT BELT USE, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, IMPOSING PASSENGER REQUIREMENTS UPON MOTORISTS TRANSP UNDER EIGHT (8) YEARS OF AGE. THIS ORDINANCE AMENDS AND CO SECTION 15 -308, OF THE CITY OF OW. BE IT ORDAINED BY THE COUNCIL OF THAT, TO -WIT: SECTION ONE (1): Part Fifteen, Traffic & Vehicles, 15 -308, Mandatory Seat Belt Use, of the of Ordin; be amended as follows: 313 I'"-MT5I 3, [oil OW. Vehicle Equipment, Section of Owasso, Oklahoma, shall CURRENT: SECTION 15 -308 y °1kIANDATORY SEAT BEL'I� SE f`- A. Every operator and front seat passenger of a passenger car operated in the city shall wear a properly adjusted and fastened safety seatbelt system, required to be installed in the motor vbfible-:when rhanufactured-puquant to Federal Motor Vehicle Safety Standard 2 $rFor the purposes of this section, "passenger car" shall mean "automobile" as defined "Section 22.1 of.Title 47 of oma Statutes except that "passenger car" shall not de trucks, truck= fzactors, reational vehicles, vans, motorcycles or motorized bic B. This sec all notIpply to an operator or passenger of a passenger car in which the operator or possesses a written verification from a physician licensed in this state that he is a to wear a safety seat belt system for medical reasons. Provided, the issuance of su 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. C. This section shall not apply to an operator of a motor vehicle who is a route carrier of the U.S. Postal Service. 1. Every driver when transporting a child under six (6) years of age in a motor vehicle operated on the roadways, streets or highways of this city shall provide for the protection of said child by properly using a child passenger restraint system. "Child passenger restraint system" means an infant or child passenger restraint system that meets with the federal standards for crash - tested restraint systems as set by the United States Department of Transportation. 2. Children at least six (6) years of age but younger than thirteen (13) years of age and shall be protected by use of a child passenger restraint system or a seat belt. 3. The provisions of this section shall not apply to: %.k a. The driver of a school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts"" pursuant to state or federal laws;, —PNk b. The driver of an ambulance or emergency vehicle; tl c. The driver of a vehicle in which all of the seat belts are in use; and, 1 d. The transportation of children who for medical reasons are unable to be placed in such devices. Jr 4. A law enforcement officer is her authorize stop a vehicle if it appears that the driver of the vehicle has v ated the provisions of this section and to giveA oral warning t6 said driver. a warning shall advise the driver of the possible danger to children resulting m the failure to install or use a child passenger restraint system o-t seat -b is in the motor vehicle. D. Any person violating this section shall be punished by afine and court cost as determined ,by-- the Court and authorized by O.Aahoma State Statutes. AMENDED BY OKLAHOMA STATE LAW EFFECTIVE NOVEMBER 1.2015: A. Every operator and front seat passenger of a passenger car operated in the city shall wear a properly adjus ` d fastened safety seat belt system, required to be installed in the motor vehicle when ufactured pursuant to Federal Motor Vehicle Safety Standard 208. For the purposes of this section, "passenger car" shall mean "automobile" as defined in Section 22.1 of Title 47 of the Oklahoma Statutes except that "passenger car" shall not include trucks, truck- tractors, recreational vehicles, vans, motorcycles or motorized bicycles. B. 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 this state that he is unable to wear a safety seat belt system for medical reasons. Provided, 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 syst C. This section shall not apply to an operator of a motor v ho is a route carrier of the U.S. Postal Service. D. Every driver, when transporting a child under eight (8) years of age in a motor vehicle operated on the roadways, streets, or highways of this state, shall provide for the protection of said child by properly using a child passenger restraint system as follows: � k 1. A child under four (4) 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 (2) years of age or until the child reaches the weight or height limit of the rear- facing child passenger restraint system as allowed by the manufacturer of the child passenger restraint system, whichever occurs first; and % M ` -: �Jr 2. A child at least four (4) years of age but younger than eight (8) years of age, if not taller than 4 feet 9 inches in height, shall be properly secured in either a child passenger restraint system or child booster seat. 3. For purposes of this section, 'child passenger restraint system" means an infant or child passenger restraint system which meets the federal standards was set by 49 C.F.R., Section 571.213. E. If a child is eight (8) years of age or is taller than 4 feet 9 inches in height, a seat belt properly secured to the vehicle shall be sufficient to meet the requirements of this section. M 7 F. The provisions of this section shall not apply to: T 1. The driver of a school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts pursuant to state or federal laws; 2. The driver of an ambulance or emergency vehicle; 3. The driver of a vehicle in which all of the seat belts 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; or S. The transportation of a child who weighs more than forty (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 of the vehicle is not 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 forty (40) pounds. Provided, however, for purposes of this paragraph, 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 paragraph 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 forty (40) pounds. P., G. A law enforcement officer is hereby authoAzed to stop a vbhicle if it appe t the driver of the vehicle has violated the provisions of this section and to give an or arning to said 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. H. Any person violating this section shall be pt the Court and autho ' by Oklahoma Sta SECTION TWO (2 ;. , o. All ordinances, or parts of extent of the conflict only. SECTI6 -N THREE If any part or parts of thi remaining portion not SECTION The provisions of thi §pordinancf passage as provided by state law. SECTION FIVE (5): shed by fine and court cost as determined by Statutes. r this ordinance are hereby repealed to the are deemed unconstitutional, invalid or ineffective, the but shall remain in full force and effect. DECLARING AN EFFECTIVE DATE shall become effective thirty (30) days from the date of final CODIFICATION This ordinance shall be codified as amended in Part 15, Chapter 3, Section 15 -308. PASSED by the City Council of the City of Owasso, Oklahoma on the day of 2015. Jeri Moberly, Mayor Sherry Bishop, APPROVED as to form and legality Julie Lombardi, City