HomeMy WebLinkAbout1065_Part 15, Ch 5, Section 15-558_Texting & DrivinggtKTUCQ
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TULSA COUNTY CLERK - PAT KEY
Doe # 2015112701 Page(s): 2
12/21/2015 03:59:45 PM
Receipt N 15 -17444
Fee: $ 15.00
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1065
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 UNLAWFUL TO
MANUALLY COMPOSE, SEND OR READ AN ELECTRONIC TEXT MESSAGE WHILE
OPERATING A MOTOR VEHICLE.
THIS ORDINANCE ENACTS AND CODIFIES PART 15, CHAPTER 5, SECTION 15 -558, OFTHE
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 Ordinances of the City of Owasso,
Oklahoma, shall be adopted as follows:
SECTION 15 -558 TEXTING WHILE DRIVING
A. It shall be unlawful for any person to operate a motor vehicle on any street or highway
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.
B. Any person who violates the provisions of subsection (A) of this section shall, upon
conviction, be punished by a fine not 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 any of the following regarding an imminent emergency situation:
1. An emergency 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:
"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 message to communicate with
any person or device;
3. "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 transferor wire communication. This term 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; and
4. 'Text message" includes a text -based message, instant message, electronic
message, photo, video or electronic mail.
SECTION TWO (2): REPEALER
All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
SECTION THREE (3): SEVERABILITY
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 FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final passage
as provided by state law.
SECTION FIVE (5): 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 15th day of December, 2015.
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ATTEST: G\"l OF Otis
Sherry Bisho, City Cle OFFICIAL 1 O
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APPROVED as to form and legality this i(0-t-` day of O p C. , 2015.
Juli ombardi, City Attorney
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CITY OF OWASSO /LEGALS
ATTN: MARSHA HENSLEY
PO BOX 180
OWASSO, OK 74055
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OKLAHOMA WEEKLY GROUP
P0. BOX 26945
RICHMOND, VA 73261 -6472
Account Number
1015023
Date
December 30, 2015
Date Category _ Description Ad Size Total Cost
12130/2015 Legal Notices ORDINANCE 1065 2 x 100.00 CL 128.00
14)18]
Published In the Owasso Reporter, Owosso, Tulsa County,
Oklahoma, December 30, 2015.
CITY OF OWASSO,(
ORDINANCE 1065
AN ORDINANCE RELATING TO PART 15, TRAFFIC &
VEHICLES, CHAPTER 5, DRIVING, OVERTAKING &
PASSING, SECTION I5 -5511, TEXTING WHILE DRIW
ING, OF THE CODE OF ORDINANCES OF THE CITY
OF OWASSO, OKLAHOMA, MAKING IT UNLAWFUL TO
MANUALLY COMPOSE, SEND OR READ AN ELEC-
TRONIC TEXT MESSAGE WHILE OPERATING A MO.
TOR VEHICLE.
THIS ORDINANCE ENACTS AND CODIFIES PART 15,
CHAPTER 5, SECTION 155511, OF THE CITY OF OWAS-
SO 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 15SSE,
Texting While Driving, of the Code of Ordinances of the City
of Owasso, Oklahoma, shall be adopted as follows:
SECTION 155511
A. It shall be unlawful for any Person to operate o motor
vehicle an any street or highway while using a hand-
held electronic communication device to manually com-
pose, send or read an electronic text message while the
motor vehicle is in motion.
B. Any person who violates the Provisions of subsection
(A) of this section shall, upon conviction, be Punished
by a fine riot 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 any of the following regarding an
Imminent emergency situation:
1. An emergency response operator;
2. A hospital, physician's office or health clinic;
3. A Provider of ambulance services;
4. A provider of firefighting services; or
S. 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
fr"uency bandwidth reserved for cellular tele-
phones;
2 'Compose', 'send' or 'read' with respect to a
text message means the manual entry, sending or
retrlevol of a text message to communicate with
any person or device;
3. 'Electronic communication device' means an
electronic device that permits the user to man-
ually transmit a communication of written text
by means other than through an oral transfer or
wire communication. This term does not Include
a device that is physically or electronically into
grated Into a motor vehicle or a voice-operated
global positioning or navigation system that is af-
fixed 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 func-
tion; and
4. 'Text message` includes a text -based message,
Instant message, electronic message, photo, video
or electronic mall.
SECTION TWO (2): REPEALER
All ordinances, or parts of ordinances, in conflict with this or-
dinance are hereby repealed to the extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any Part or Parts of this ordinance are deemed unconstnu.
tonal, invalid or Ineffective, the remaining portion shall not
be affected but shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE
DATE
The Provisions of this ordinance shall become effective thirty
ON days from the date at final passage as Provided by state
law.
SECTION FIVE (5): CODIFICATION
This ordinance shall be codified In Part 15, Chapter 5, Section
15 -558.
PASSED AND APPROVED this 15th day of December, MIS.
IV Jeri Moberly, Mayor
ATTEST: /s1 Sherry Bishop, City Clerk
APPROVED AS TO FORM: /s? Julie Lombardi, City Attorney
Proof of Publication
I, of lawful age, being duly sworn, am a legal representative of
Tulsa Business and Legal News of Tulsa, Oklahoma, a Daily
newspaper of general circulation in Tulsa, Oklahoma, a
newspaper qualified to publish legal notices, advertisements
and publications as provided in Section 106 or Title 25, Oklahoma
Statutes 1971 and 1982 as amended, and thereafter, and
complies with all other requirements of the laws of Oklahoma
with reference to legal publications. That said notice, a true
copy of which is attached hereto was published in the regular
edition of said newspaper during the period and time of
12/30/2015
Newspaper reference: 0000197187
l lladl_
YT Legal Representaf e
Sworn to and subscribed before me this date:
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1
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE.
THANK YOU
The Ci ty!I"ut Limits.
TO:
FROM:
SUBJECT:
DATE:
The Honorable Mayor and City Council
City of Owasso
Julie Trout Lombardi
City Attorney and General Counsel
APPROVED By COUNCIL
DEC 15 2015
Ordinances and Amendments Regulating Texting While Driving, Vapor Products
and Child Passenger Restraint System Requirements.
December 11, 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. Ordinance No.
1065, which creates section 15 -558 titled " Texting While Driving," mirrors the statute adopted by
the State. This 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 Receiot 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. Ordinance No. 1066 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 adopt identical amendments as proposed in Ordinance
No. 1067
RECOMMENDATION:
Staff recommends approval of Ordinances 1065, 1066 and 1067.
ATTACHMENTS:
Ordinance 1065 prohibiting texting while driving
Ordinance 1066 amending sections relating to tobacco and minors to include vapor products
Ordinance 1067 amending child passenger restraint system requirements