HomeMy WebLinkAbout1066_Amending Part 10,Ch 9, Section 10-901_Tobacco & Vapor Products to MinorsTULSA COUNTY CLERK - PAT KEY
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_... _. _.._,,SO, OKLAHOMA
ORDINANCE 1066
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 OR VAPOR PRODUCTS TO
MINORS AND SECTION 10 -903, RECEIPT OF TOBACCO & VAPOR 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 AND CODIFIES PART 10, CHAPTER 9, SECTIONS 10 -901
THROUGH 10 -903, 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 Ten, Offenses & Crimes, Chapter Nine, Smoking & Tobacco, Sections
10 -901, Tobacco to Minors - Definitions, Section 10 -902, Furnishing, Giving or Sale of Tobacco
Products to Minors and 10 -903, Receipt of Tobacco Products by a Minor, of the Code of
Ordinances of the City of Owasso, Oklahoma, shall be amended as follows:
SECTION 10 -901 TOBACCO TO MINORS- DEFINTIONS
As used in this section:
A. "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or
association, however 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,
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 OR VAPOR 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 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 10, Chapter 9, Sections 10 -901, 10 -902 and 10 -903.
PASSED by the City Council of the City of Owasso, Oklahoma on the 15th day of December, 2015.
P.1�7�be r I y,
Mobe Mayor
ATTEST: S �y OF 1 CrySherry Bis , City Clerk
(S E A LJ aKf.AHOIAP,11�
APPROVED as to form and legality this ---0--1 day of ne L, 2015.
G�
Julie jKmbarci, City Attorney
W Grop
CITY OF OWASSO /LEGALS
ATTN: MARSHA HENSLEY
PO BOX 180
OWASSO, OK 74055
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Tula N,—, Lopl News
OKLAHOMA WEEKLY GROUP
P.O. BOX 26945
RICHMOND, VA 23261 -6472
Account Number
1015023
Date
December 30, 2015
Date Category Description Ad Size Total Cost
12130/2015 Legal Notices ORDINANCE 1066 2 x 297.00 CL 380.16
Proof of Publication
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a Weekly 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 publication and not in a
12/30/2015
Newspaper r rice: 000019 195
egal Representative
Sworn to and subscribed before me this date:
Notary
My Commission expires:
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE.
THANK YOU
28 Wednesday, December 30, 2015
Legal Notices
THIS Is YOUR RIGHT
TO KNOW
This newspaper urges every citizen to read and study
these notices.
We strongly advise those
citizens seeking further
Information to exercise their right to access public
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197195 fi
Published In the Owasso Reporter, Owasso, Tulsa County,
Oklahoma, December 30, 2015.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1066
THIS ORDINANCE AMENDS AND CODIFIES PART 10,
CHAPTER 9, SECTIONS 10-9111 THE CITY OF OWASSO CODE OFTORDINANCES. OF
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT, TO-WIT:
Chas-
ter Nine, f
e, Smoking 6 Tobacco, Sections 510 -9011, Temcce to
Mines -Def etias, Section 10-M, Furnishing, Giving or Sole Of TelQCCO
of Tobacco Products to Minors and 10 Products by a Minor, the Code N Ordinances of Me City Of
Owasso, Oklahoma, shall be amended as follows:
SECTION I0-901 TOBACCO TO MINORS- DEFINTIONS
As used In this section:
A. nershlp, corporation, (trust, or aisseciatlonla however
formed;
B. -proof of age' means a driver license, license for identi-
ideantifai atlon Mat describes the individual as means
ighteen
(18) Years of age or older and contains a photograph or
other likeness of the Individual and appears on its face
he be valid;
C. bars of distributed
Me public at no east far theputrpose at prompt-
In the Product;
D.'SamPUM' means the distribution of samples to men,
bars of Me Public in a public place;
E.'Tabacca Product' means any product that contains to-
bacco and Is intended for human consumption;
F. 'Transaction wan* means the process by which a seller
letv
checks, of by a driver transaction
won Issued mean
photo identification;
G. °Transaction scan device' means any commercial de-
vice or combination of &vices used at a paint of sale or
entry that is capable of deciphering in an electronically
readable format the information encoded on the mag-
netic strip or be 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
or other lntnedee robe II
vapor
other
or
SECTION lfl 2 FURNISHING GIVING OR SALE
OF TOBACCO R VAPOR
ROOUCTS O NOR
A. It Is unlawful for any Person to sell, give or furnish in
any manner any tobacco M vapor product to another
Person who is under eighteen (18) Years of ace, 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
(1W Years of age to handle tobacco or vapor Products
When required in the performance of the employce's du-
ties.
B. A person engaged in the sale or distribution of tobacco
or vapor Products shall demand Proof of age from a
son would conclude on the rWas e ordinary
at appearance the h e
promective Purchaser might be less Man eighteen (18)
Years of am.
C. If on Individual engaged in Me sole or distribution of to-
bacco or vapor products has demanded proof of We
from a prospective purchaser or recipient who Is not
less than eighteen (18) years of age, the failure 10 sub
sequently require proof M age shall not constitute a vio-
Iatlon at subsection B of this section.
1. when a Person violates subsectlon A or B of this
section, he or she shall be guilty at an offence
and, upon conviction, shall be punished by a fine
as follows:
a. Not more than One Hundred Dollars ($lOm far
the first offense,
b. fart the Second oft n. Hundred a two,mor Pa
tad following Me 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 stare's license to sell tobac-
co products, or the store's sales tax Permit for
a Store that is Predominantly engaged In the
sale of vapor products In which Me sale of oh-
er products Is merely incidental, may be sue,
pended far a Period not exceeding thirty (30)
tlays, or
d. Not more than Three Hundred Dollars ($300)
W a fourth or subsequent offense within a
two -year cerlod falawing Me first offense. in
addition to any other Penalty, the store's It -.
par. to will tobacco products, or the store's
roles tax Permit for a store that Is Predomi-
nan11Y engaged In the wile of vapor products
in which the sale of ether products is merely
incidental, may be suspended for a period not
exceeding sixty (60) days.
2. Pursuant to State law, When it has been deter-
mined by a munktpel court Mat a penalty shall
Include a license suspension, the ABLE COMMIS-
Stan will notifY the Oklahoma Tax Commission,
and the Tax Commission will suspend the sore's
license to sell tobacco Products, ar the store's
sales tax permit for a store that is predominantly
engaged in the sole of vapor products in which
the sale of other products is merely incidental, at
the locatlon where the offense occurred for the
period a time Prescribed by the ABLE Cereals
Stan,
3. Proof that the defendant demanded, was drown,
and reasonably relied upon Proof of age shot] be a
defense A Person cited far violating this s lectio
ctia n
shall be deemed to have reasonably relled 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 kill
diVldulPlnwas ¢Igh (18)
iteen establish Years of age or old-
er, and
b. the Validity of the the Violation
ii license or other
government -timed photo identification Pm-
sented by such iMlvidual by performing 0
transaction scan by means of a tronsaction
man device.
c. Provided, that this defense shall not relieve
from liability any person cited far a vialatton
of this section if such Person failed to exercise
reasonable diligence to determine whether the
physical description and picture appearing an
governmen4155ued
E. Upon failure of Me employee M my the fine within nlne-
ty (90) days of the day of the assessment of such fine,
the Municipal Court clerk shall notify the Derlartmat
of Public Safety and the Department will, pursuant to
state law, suspend or not Issue P driver's license 1a the
employee until proof of Payment has been furnished to
Me Department of Public Safety.
F. Upon failure of a stOMWner to pay Me administrative
fine within ninety (90) days of the assessment of the
fine, the clerk of the MoeiclPal court shall notify the
Oklahoma Tax Commission and the Tax Commission
shall suspend the store's license to sell tobacco prod-
ucts, or the store's sales tax Permit far a store that is
predominantly engaged in Me sale of vapor Products in
uMlllhproof of payment has been turnhhed o the Okla-
homa Tax Commission. �F TOBACCO OR
SECTION IO.903 YEPOR PRODUCTS BY A MINOR
A. years age] to rpurchpw, receive or than eighteen Of,
or have in their possession, a teacm or vapor Product,
or to present or offer to any Person any Purported proof
of age which is fake or fraudulent, or not actually his
or her own, for the purpose DF Purchasing or receiving
any tobacco or vapor product. Provided, however, It
shall not W unlawful far 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 dutles.
B. When a a me 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:
L Not to exceed One Hundred Dollars ($100) for a
first offense; and
2. Not to ii.med Two Hundred Dollars Ism) for a
second w subsequent offense within a one -year
Period fallowing Me first offense.
Upon failure of the individual to pay such the fine within
ninety (90) days of the day of such the fire, Me Municiml
Court clerk shall notify the Department of Public Safety and,
by operation of State Ipw, the Department shall Suspend or
not issue a mat has been fomished to the Department of tPubliicSo".y
SECTION TWO (2): REPEALER
All dinanaenare herebparts epeated la the extent of the conflict halY.
SECTION THREE (3): SEVERABILITY
If any part or Parts of His ordinance are deemed unconstitu-
None, invalid or ineffective, the remaining portion shot] act
be affected but shall remain in full force and effect.
SECTION FOUR (4); DECLARING AN EF-
FECTIVE DATE
The Provisions of this ordinance shall become effective thirty
(30) days from the date of final passage as provided by state
IoW' CODIFICATION
SECTION FIVE (5):
This ford 1, 10- shall be codified in Part 10, Chapter 9, Sec-
tion10DA AND R VEDt
PARSED AND APPROVED this 15th tlaY W December, 2015.
/s/ TE Moberly, terry
ATTEST: /s' STO F Bishop, City Clerk
APPROVED AS TO FORM: N Julie Lambartll, C %y Attorney
19!351
Published in the OWPSm Reporter, Owasso, TUISO County,
Oklahoma, December 30, 2015.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1061
AN ORDINANCE RELATING TO PART 15, TRAFFIC B
VEHICLES, CHAPTER 3, VEHICLE EQUIPMENT, SEC-
TION 15308, MANDATORY SEAT BELT USE, OF THE
CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, IMPOSING PASSENGER RESTRAINT
SYSTEM TRANS-
PORTING NE UNDER OEIGHT (8)SYEARS OF
the driver license or
other
Photo identification was that of the Individual AGE.
who Presented it. The availability of the de-
fense described in this subsection does not af- THIS ORDINANCE AMENDS AND CODIFIES PART 15,
fect Me availability of any ather defense un- CHAPTER 3, SECTION 15.308, OF THE CITY OF OWS-
der any other provision of law. SO CODE OF ORDINANCES.
D. If the Sale Is made by an employee of the owner .. of 0
Ceemed a violation against the owner far purposes or a
lleense suspension pursuant 10 sub5eC1i0a C Of this Sec-
tion. Each violation by an employee of a stare Predate -
nafly engaged in the sale of vmor Products in vdtich
the wile of other products Is merely incidental shall be
deemed a violation against the owner for Purposes of 0
roles tax Permit sumansiel pursuant to the Provisions
of subsection C of this section. An owner of a store It-
caused to sell tobacco Products a Permitted to sell va-
Per products shall not be deemed In violation at Mis
section for any acts constituting a violation by any per-
son, when the violation occurs Prior to actual employ-
occurs the Person by the store owner or the violation
occurs at a location other than the owner's retall store.
For purposes of determining Me liability of a Person
controlling franchises or business operation in multiple
locations, far any violations of subsection A or B hi his
section, each Individual franchise or business location
chall be deemed 0 separate enlitY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): Part Fifteen, Traffic S. Vehicles,
Chapter Three, Vehicle Equipment, Section 15-M, MmldeOo-
Owthe C{ Seat Belt Use, of the Code of Ordinances of
Owasso, Oklahoma, shall be amended as fOUOWSCity of
SECTION 15 -3�5 MANDATORY SEAT BELT USE
A. Every operator antl front seat pasunger of P passenger
car operated in Me city shall wear a properly achated
and fastened safety seat belt system, required o ba In-
stalled In the motor vehicle when Manufactored Pur-
suant to Federal Motor Vehicle Suety Standard 208.
For the purpose. of this section, 'passenger car hall
mean 'automobile' as defined In Section 22.1 of Title 49
of the Oklahoma Statutes except Mat - passenger car'
shall not include trucks, truck - tractors, recreational ve-
hicles, vans, motecyclas or motorized bicycles.
B. This section shall not apply to an operator or passenger
of a passenger car in which the meafor or passenger
possesses a written verification from a Physician it-
ceasetl in this state Mat he is unable to Wear a safety
mat belt system for medical reasons. Provided, the is-
suance of such verification by a physician, In good
faith, shall not give rise to, nor shall such physician
thereby incur, any IIabIIW whosoever In damages or
otherwise, to any person Injured by reason of such fail-
REPORTER
LPXLP
ore to wear a mfetY seat belt system.
C. This section shall not apply to an operator of a motor ve-
hicle who Is a route carrier of the U.S. Postal Service.
0. Every driver, when transpertin a child under eight (8)
Years M age In a motor vehicle operated a the road-
ways, streets, or highways of this state, shall provide
for the protection of said child by properly using o child
passenger restraint SYStem 05 follows:
1. erlY child ecured Ina child Passenger r restraint SYS-
tem. The
rearfactn9 until tier child reaches hva h(2)
years of age or until the child reaches Me weight
or 5vsilem a.5 allowed by the hmanufacturer
of the child passenger restraint system, whichev-
er occurs first; and
2. A child at least four (4) Years a age but younger
than eight (8) years M age, If not taller than 4
feet 9 inches in height, shall be properly secured
in either a child passenger restraint system or
chi id booster seat.
3. For purposes of this section, 'child passenger re-
stralat system' means an infant or child pa an-
ger m tenet System which meets The federal
standards as set by 49 C.F.R., Section FrI.M.
E. If a chlld Is eight (0) years of age or is taller than 4 feet
9w.nlc In he height, icient to ]Meet Properly e requirements Of
F. The Provisions of this section shall not aPPIY to:
1. The driver of a school bus, taxicab, moped, motor-
cycle, 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 vehi-
cle;
3. The driver of a vehicle in which all of the seat
belts are In use;
A. The transportation of children who for medical
reasons are Unable to be placed In such devles,
w.Hma n,rumenatlon from a
Physician of such Medical reason; or more
5. than forty (a)I child b munds and who is being stmns-
ported In Me 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 cenbintion
lap and shoulder mety belts in the back seat are
being used by other children who weigh mare
than forty (a0) Pounds. Provided, however, far
Purposes of this peremph, back seat shll in-
clude all seats located behind the front seat of a
vehicle operated by o licensed child care focllity
or church. Provided further, here shall be a
rebuttable Presumption s Mat o child has met the
11 __...- _�..... ,e ,.neewmoh if at the
a
or
more roan corn lwl puuaao.
G. a vehic eif t apepears that Me driver of thelvehicle has
violated the Provisions of this section and to give an or-
al warning to said driver. The warning shall advise the
driver of the Possible danger W children resulting from
the failure to Install or use a child Passenger restraint
System or seat belts In the rotor vehicle. be Puni.had by
H fine and cart violating h ll
cost as determined by the Court ate au-
thorized by Oklahoma State Statutes.
ECTION TWO (2): REPEALER
Fl ordinances. or parts of ordinances, in conflict wiM this or-
If any and or parts of this ordinanim are deemed unconstitu-
tional, invalid or Ineffective, the remaining Portion shall not
be affected but shall remain in full farce and effect.
SECTION FOUR (4); DECLARING AN EF-
FECTIVE DATE
The 30) tlays ) from h date of da of f nal Passagee as Provided thirty
(
law.
SECTION FIVE (5): CODIFICATION
This ordinance shall be codified as amended In Part 15, Chap
ter 3, Section 15308.
PASSED AND APPROVED this 15th day of December, 2015.
Is/ Jeri Moberly, Mayor
ATTEST: /s/ Sherry Bishop, City Clerk
APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney
1W184
Published in the October, o15eporter, Owasso, Tulsa County,
CITY OORDINANF OWASSO, 044 OKLAHOMA
The City Wit out Limits.
TO:
FROM:
SUBJECT:
DATE:
The Honorable Mayor and City Council
City of Owasso
Julie Trout Lombardi
City Attorney and General Counsel
APPROVED By COUIVCIL
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
and driving, and amendments to current sections
prohibiting minors from obtaining and using tobacco
for child passenger restraint systems.
Texting While Driving
of one new ordinance prohibiting texting
in the Owasso Code or Ordinances 1)
products, and, 2) imposing requirements
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 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. 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