HomeMy WebLinkAbout1132_Amending Code of Ordiances Part 1Tulsa County Clerk - Michael Willis
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C:IIY OF OWASSO, OKLAHOMA
ORDINANCE 1132
AN ORDINANCE RELATING TO PART 1, GENERAL PROVISIONS, CHAPTER 1,
USE AND CONSTRUCTION OF THE CODE OF THE OWASSO CODE OF
ORDINANCES; AMENDING IN PART AND REPEALING IN PART VARIOUS
SECTIONS; ESTABLISHING AN EFFECTIVE DATE; AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT TO WIT:
SECTION ONE (1): Part 1, General Provisions, Chapter 1, Use and Construction of the
Code, Sections 1 -101 through Sections 1 -110 of the code of ordinances of the City of
Owasso, Oklahoma, is hereby amended to read as follows:
SECTION 1 -101 HOW CODE DESIGNATED AND CITED
The provisions embraced in the following chapters and sections shall constitute and be
designated the "Code of Ordinances, City of Owasso, Oklahoma," and may be so cited.
SECTION 1 -102 RULES OF CONSTRUCTION
In the construction of this code and of all ordinances, the following rules are observed unless the
construction would be inconsistent with the manifest intent of the Council:
1. "City" or "this City" shall be construed as if the words "of Owasso, Oklahoma;' followed
them;
2. "Council" or "City Council" means the City Council of Owasso, Oklahoma;
3. "Computation of time:' Whenever a notice is required to be given or an act to be
done a certain length of time before any proceeding shall be had, the day on which
the notice is given or the act is done shall be counted in computing the time, but the
day on which the proceeding is to be had shall not be counted;
4. "County" or "this county" means the County of Tulsa, Oklahoma, unless otherwise
stated;
5. "Gender' A word importing one gender only shall extend and be applied to other
genders and to firms, partnerships, and corporations as well;
b. "Joint authority" All words giving "joint authority" to three (3) or more persons or
officers shall be construed as giving such authority to a majority of such persons or
officers;
7. "Law" includes applicable federal law, provisions of the Constitution and statutes of
the State of Oklahoma, the ordinances of the City, and, when appropriate, any and
all rules and regulations promulgated thereunder;
8. "Manager' or "City Manager' means the City Manager of the City;
9. "Mayor' means the Mayor of the City;
10. "Month" means a calendar month;
11. "Non- technical and technical words:' Words and phrases which are not specifically
defined shall be construed according to the common and accepted usage of the
language; but technical words and phrases as may have acquired a peculiar and
appropriate meaning in law shall be construed and understood according to such
meaning;
12. "Number" A word importing the singular number only may extend and be applied to
several persons and things as well as to one person and thin Word d ' th
g. s use in e
Ordinance 1132
Page t of 4
y
plural number may also include the singular unless a contrary intention plainly
appears;
13. "Oath" shall be construed to include an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath and, the words "swear' and "sworn" shall
be equivalent to the words "affirm" and "affirmed"
14. "Other officials or officers, etc:' Whenever reference is made to officers, agencies or
departments by title only, i.e. "clerk ", "City clerk ", "City attorney', "fire chief', "chief of
police ", etc., they shall mean the officers, agencies or departments of the City;
15. "Person" shall extend and be applied to an actual person, any persons and to
associations, clubs, societies, firms, partnerships, and bodies politic and corporate, or
the manager, lessee, agent, servant, officer or employee of any of them, unless a
contrary intention plainly appears;
16. "Preceding, following" means next before and next after, respectively;
17. "Property" shall include real and personal property;
18. "Signature or subscription" includes a mark when a person cannot write;
19. "State" or "this state" shall be construed to mean the State of Oklahoma;
20. "Statutory references" means references to statutes of the State of Oklahoma as they
now are or as they may be amended to be;
21. "Street" shall be construed to embrace streets, avenues, boulevards, roads, alleys,
lanes, viaducts, highways, courts, places, squares, curbs and all other public ways in
the City which are dedicated and open to public use;
22. 'Tense:' Words used in the past or present tense include the future, the past and the
present;
23. "Week" means seven (7) days; and
24. "Year' means a calendar year.
SECTION 1 -103 CATCH LINES OF SECTIONS; CITATIONS
The catch Lines of sections in this code are printed in CAPITAL LETTERS and citations included at
the end of sections are intended to indicate the contents of the section and original historical
source respectively, and shall not be deemed or taken to be titles and official sources of such
sections; nor as any part of the section, nor, unless expressly so provided, shall they be so
deemed when any of the sections, including the catch Lines, or citations, are amended or re-
enacted.
SECTION 1 -104 EFFECT OF REPEAL OF ORDINANCES
A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the
ordinance repeal took effect.
B. The repeal of an ordinance shall not affect any punishment or penalty incurred before the
repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal,
for an offense committed under the ordinance repealed.
SECTION 1 -105 SEVERABILITY OF PARTS OF CODE
It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences,
clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph,
or section of this code or of any ordinance in the code shall be declared unconstitutional, illegal
or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this code of ordinances.
Ordinance 1132
Page 2 of 4
SECTION 1 -106 AMENDMENT TO CODE; EFFECT OF NEW ORDINANCES; AMENDATORY
LANGUAGE
A. All ordinances passed subsequent to this code of ordinances which amend, repeal or in any
way affect this code of ordinances may be numbered in accordance with the numbering
system of this code and printed for inclusion therein. When subsequent ordinances repeal
any chapter, section or subsection or any portion thereof, the repealed portions may be
excluded from this code by omission from reprinted pages.
B. Amendments to any of the provisions of this code may be made by amending the provisions
by specific reference to the section of this code in substantially the following language: 'Be
it ordained by the City Council of the City of Owasso, Oklahoma, that Section of the
code of ordinances of the City of Owasso, Oklahoma, is hereby amended to read as
follows:" (Set out new provisions in full.).
C. When the Council desires to enact an ordinance of a general and permanent nature on a
subject not heretofore existing in the code which the Council desires to incorporate into the
code, a section in substantially the following language may be made part of the ordinance:
"Section Be it ordained by the City Council of the City of Owasso, Oklahoma, that the
provisions of this ordinance shall become and be made a part of the code of ordinances of
the City of Owasso, Oklahoma, and the sections of this ordinance may be renumbered to
accomplish this intention."
D. All sections, articles, chapters or provisions of this code desired to be repealed may be
specifically repealed by section or chapter number, as the case may be.
SECTION 1 -107 ALTERING CODE
It is unlawful for any person to change or amend by additions or deletions any part or portion of
this code, or to insert or delete pages or portions thereof, or to alter or tamper with this code in
any manner whatsoever which will cause the law of the City to be misrepresented. Any person
violating this section shall be punished as provided in Section 1 -108 of this code.
SECTION 1 -108 GENERAL PENALTY FOR COURTS NOT OF RECORD
A. TRAFFIC OFFENSES: The maximum fine or deferral fee in lieu of a fine for traffic - related offenses
relating to speeding or parking shall not exceed Two Hundred Dollars ($200.00).
B. ALCOHOL OR DRUG RELATED OFFENSES: The maximum fine or deferral fee in lieu of a fine for
alcohol - related or drug - related offenses shall not exceed Eight Hundred Dollars ($800.00).
C. OTHER OFFENSES: For all other offenses, the maximum fine or deferral in lieu of a fine shall not
exceed Seven Hundred Fifty Dollars ($750.00).
D. Each day or any portion of a day during which any violation of this Code or any ordinance
shall continue shall constitute a separate offense.
E. Any person who shall aid, abet, or assist in the violation of any provision of this Code shall be
deemed guilty of an offense and, upon conviction therefore, shall be punished in
accordance with the punishment provided for violation of the provision such person aided,
abetted or assisted in violating.
F. The Director of the Community Development Department, or their designees within that
department, may be sworn and authorized to issue a citation for violations of the Zoning
Code of the City of Owasso as adopted in Part 12, Planning Zoning and Development of the
Ordinance 1132
Page 3 of 4
Owasso Code of Ordinances and for violations of Part 5, Building Regulations and Codes, Part
8, Health and Sanitation, Part 14, Streets and Public Works and Part 15, Traffic and Vehicles
Within this Code. The citations shall state the date and location of the violation, the section
number of the ordinance or Zoning Code regulation that has been violated and shall direct
the defendant to appear in the Owasso Municipal Court on a designated day or pay the
required fine by the designated date. The citation shall state that if the defendant fails to
appear within the time specified or pay the fine for the violation, a warrant for failure to
appear or failure to pay may be issued, which may result in the defendant being arrested.
SECTION 1 -109 FINES RECOVERABLE BY CIVIL ACTION
All fines shall be recoverable by civil action before any court of competent jurisdiction, in
addition to any other method provided by law.
SECTION 1 -110 ORDINANCES IN EFFECT IN OUTLYING TERRITORY OF CITY
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 shall
be 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.
SECTION TWO (2): REPEALER
That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby expressly repealed.
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): CODIFICATION
This ordinance shall be codified in Part One (1), General Provisions, of the Owasso Code
of Ordinances.
SECTION FIVE (5): FILING OF ORDINANCE
That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true
and correct copy of.,$}rance.
�Of owgss .
ASSE AN APP V this 19th day of June, 2018
U £`
C ris Ke ey, Mayor
ATTEST:
Jul nn ILL Steve V`City Clerk
APPROVED AS TO FORM:
Juli I Lombardi, City Attorney
Ordinance 1132
Page 4 of 4
E, Weekly
Group
CITY OF OWASSO /LEGALS
Attn JULIE STEVENS
PO BOX 180
OWASSO, OK 74055
Date Category Description
06/27/2018 Legal Notices ORDINANCE 1132
cqy ors (004
Owasso Reporter • Sand Springs Leader
Skiatook Journal
Wagoner County American - Trlbune
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
Ad Size
2 X 297
Affidavit of Publication
Melissa Marshall
Account Number
1016023
Date
June 27, 2018
of lawful age, being duly
Total Cost
sworn, am a legal representative of the Owasso Reporter of Owasso,
Oklahoma, a weekly newspaper of general circulation in Tulsa
County, Oklahoma, a legal newspaper qualified to publish legal
notices, as defined in 25 O.S. § 106 as amended, and thereafter, and
complies with all other requirements of the laws of Oklahoma with
reference to legal publication. 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
supplement, on the DATE(S) LISTED BELOW
06/27/2018
Newspaper reference: 0000488246
Legal Representative
Sworn to and subscribed before me this date:
Notary Public
My Commission expires: 1,2 7�y -,v
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380.16
488746
Published In the Owosso Reporter, Owasso, Tulsa Coun-
ty, Oklahoma, June 77, 7018.
CITY OORDINANFOKLAHOMA
AN ORDINANCE RELATING TO PART 1, GENER-
AL PROVISIONS, CHAPTER 1, USE AND COW
STRUCTION OF THE CODE OF THE OWASSO
CODE OF ORDINANCES; AMENDING IN PART
AND REPEALING IN PART VARIOUS SECTIONS;
ESTABLISHING AN EFFECTIVE DATE; AND
REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF OWASSO, OKLAHO-
MA, THAT TO WIT:
SECTION ONE (11: Part 1, General Provisions, Chapter
1, Use and Cons ruction of the Cme, Sections 1 -101
through Sections 1 -110 of the code of ordinances of the
City of Owasso, Oklahoma, Is hereby amended to read as
follows:
SECTION 1 -101 MP DESIGNATED AND
The provisions embraced In the following chapters and
sections shall constitute and be designated the 'Code of
Ordinances, City of Owasso, Oklahoma; and may be so
cited.
SEC I sn ,tl oIn cioos Soa am
ances, the
following rules are observed unless the construction
would be Inconsistent with the manifest Intent of the
Council:
1. 'City' or 'this City- shall be construed as If the
words 'of Owasso, Oklahoma; followed them;
2. 'Council' or 'City Council- means the City Council of
Owasso, Oklahoma;
3. 'Computation of time.' Whenever a notice is required
to be given or an act to be done a certain length of time
before any proceeding shall be had, the day on which
the na lce Is given or the act is done shall be counted In
computing the time, but the day on which the prooeed-
Ing Is to be had shall not be counted;
4. County' or *this county' means the County of Tulsa,
Oklahoma, unless otherwise stated;
S. 'Gentler' A word Importing one gender only shall ex-
tend and be applied to other genders and to firms, part-
nenhips, and corporations as well;
6. 'Joint authority' All words glvino'Iolnt authority' to
three (3) or more persons Pr officers shall be construed
as giving such authority to a malority of such persons
or officers;
7. Law' Includes applicable federal low, provisions
of the Constitution and statutes of the State of Okla-
homa, the ordinances of the City, and, when oppro-
Prlote, any and all rules and regulations Promulgat-
ed thereunder;
8. 'Manager' or 'City Manager' means the City Moo-
ager of the City;
9. 'Mayor' meant the Mover of the City;
10. 'Month' means a colendor month;
11. 'Non- technlwl and technical words.' Words and
phrases which are Pat specifically defined shall be con-
strued according to the common and accepted usage of
the lancuwe; but techniwl words and Phrases as may
have acquired a pecullor and appropriate meaning In
low shall be construed and understood according to
such meaning;
M 'Number' A word Importing the singular number only
may extend and be applied to several persons and
things, as well as to one person and thing. Words
used In the plural number may also include the sIn-
i ulor unless a contrary Intention Plainly appears;
13. 'Oath' shall be construed to include an affirmation In
all cases in which, by low, on off rmatlon may be sub
stituted for an oath am, the words 'swear- and
'swom' shall be equivalent to the words 'affirm' and
'affirmed;'
14. 'Other officials Pr officers, etc.' Whenever reference
cnlet', 'chief of pellce', etc., they shall mean the offl.
cers, agencies or departments of the City;
15. Person' shall extend and be applied to an actual Per.
son, any persons and to assaclafions, clubs, societies,
firms, partnerships, and bodies politic and corporate, or
the manager, lessee, agent, servant, officer or employ.
ee of any of them, unless a. contrary intention Plainly
16."'Preced Ing, following' means nei�hefom antl next
after, respectively ;.
17. 'Property' shall includg real on Personal Property).
18. 'Signature or subscription' Includes it mark when c
19. 'State' or 'this state' shall be construed to mean the
State of Oklahoma;
M. 'Statutory references' means references to statutes of
the State of %lahomo as they now are or as they may
be amended to be;
21. 'Street' shall he construed to embrace streets, ave-
nues, boulevards, rands, alleys, lanes, viaducts, high-
ways, courts, places, squares, curbs and all other pub.
lic ways In the City which are dedicated an open to
Public use;
22. 'Tense.- Words used In the past or Present tense In-
clude the future, the post and the present;
23. 'Week' means seven (7) days; an
24. 'Year' means a calendar year.
SECTION 1 -103 AL
CAPIITAL LETTERS and citations Incluuded of the and of
sections are Intended to Indicate Me contents of the sec -
tlon and origlnal historical source respectively, and shall
not be deemed or taken to be titles and officlal sources of
such sections; nor as ony rt of the section, nor unless
expressly so provided, sho I they be so deemed when any
of the sections, Including the catch Lines, or citations,
are amended or re-enacted.
SECTION 1.104 EFENj R.5 IEPEAL OF
A. The repeal of an ordinance shall not revive any on 1.
nonces In farce before or at the time the
ordinance repeal took effect.
B. The repeal of an ordinance shall not affect any punlsh.
ment or Penalty Incurred before the repeal took effect, nor
any suit, Prosecution or proceeding Pending at the
time of the repeal, for on offeme committed under the
ordinance repealed.
SECTION 1 -105 StygRA ILITYOE PARTS OF
LQUE
It Is hereby declared to be the Intention of the Cwncll
that the sections, paragraphs, sentences, clauses and
Phrases of this code are severable, and if any Phrase,
clause, sentence, paragraph, or section of this code or of
any ordinance In the code shall be declared unconstitu.
tional, Illegal or otherwise Invalid by the valid Judgment
or decree of a court of competent Jurisdiction, such un-
constitutionallty or Invalidity shall not affect any of the
remaining Phrases, clauses, sentences, Paragraphs and
sections of this code of ordinances.
SECTION 1 -106 END 1
A. All ordinances passed subsequent to this code of
ordinances which amen, repeal or In any way of.
fact this code of ordinances may be numbered in
accordance with the numbering system of this code
and printed for inclusion therein. When subsequent
ordinances repeal any chapter, section or subsec-
tlon or any portion thereof, the repealed Purtlons
may be excluded from this code by omission from
reprinted man.
B. Amendments to any of the provisions of this code
may be made by amending the provisions by speclf.
Ic reference to the section M this code in substan-
tially the following language: 'Be It ordained by
the City Council of the City of Owasso, Oklahoma,
that Section — of the code of ordinances of the
City of Owasso, Oklahoma, is hereby amended to
read as follows:' (Set out new provisions In full.).
C. When the Council desires to enact an art
a general and permanent nature on a st
heretofore existing In the code which th
desires to Incorporate Into the code, a
substantially the following_ language may
a
D All sections, articles, chapters or provisions of this
code desired to be repealed may be specifically re-
pealed by section or chapter number, as the case
may be.
5FFjIQ.N -]�Z ALTERINGCODE
It Is unlawful far any person to change or time by ad-
ditions or deletions any port or Portion of Mis code, or to
Insert or delete popes or portions thereof, or to alter at
tamper with this code In any manner whatsoever which
will cause the law of the City to be mists resented. An
person violating this section shall be punished as provid-
ed in Section 1 -108 of this code.
SECTION 1 -108 GENERAL PENALTY FOR COURTS
A. TRAFFIC OFFENSES: The maximum fine or deferral
fee In lieu of o fine for traffic- reluted atfeases relating to
speeding or Parking shall not exceed Two Hundred Dollars
($200.00).
B. ALCOHOL OR DRUG RELATED OFFENSES: The maxi.
mum fine or deferral fee In lieu of a fine for alcohol.
related or drug-related offenses shall not exceed Eight
Hundred Dollars ($800.00).
C. OTHER OFFENSES: For all other offenses, the maxi-
mum firm or deferral In lieu of a fine shall not exceed Sev.
en Hundred Fifty Dollars ($750.00).
D. Each day or any Portion of a day during which any violo-
tion of this Code or any ordinance shall continue shall cork
stltute. sawral..Hens..
E. Any person who shall aid, abet, or assist In the vlolatior
of any provision of this Code shall be deemed guilty of
an offense and, upon conviction therefore, shall be
Punished In accordance with the punishment Provided
for violation of the provision such person aided, abet
ted or assisted In violating.
F. The Director of the Community Development Depart.
ment, or their designees within that department, may
be sworn and authaHzed to Issue a citation for viola.
dons of the Zoning Code of the City of Owasso as
adopted in Part 12, Planning Zoning and Development
of the Owasso Code of Ordinances and for violations of
Port 5, Building Regulations and Codes, Part e, Health
and SanHatlon, Part 14, Streets and Public Works and
Part 15, Traffic and Vehicles within this Code. The dh
tations shall state the date and location of the violas
Von, the section number of the ordinance or Zoning
Cade regulation that has been violated and shall direct
the defendant to appear in the Owasso Municipal
Court on a designated day or goy the required fine by
the deslonated date. The citation shall state that If the
defendant falls to appear within the time specified or
pay the fine for the violation, a warrant for failure to
oppeor or failure to pay may be Issued, which may re-
sult In the defendant being arrested.
SECTION 1 -109 FINES RECOVERABLE BY CIVIL
All fines shall be r�eable by civil action before any
court of competent lurisdlctlon, In odditlon to any other
method Provided by law.
SECTION TWO (2): REPEALER
That all ordinances or ports of ordinances In conflict
herewith be, and the same are hereby expressly re-
pealed.
SECTION THREE (3): SEVERABILITY
If any Port or parts of this ordinance are deemed uncon.
stitutional, invalid or Ineffective, the remaining portion
I�I not be affected but sholl remain In full force and at-
SECTION FOUR (4): CODIFICATION
This ordinance shall be codified In Part One (1), General
Provisions, of the Owasso Cade of Ordinances.
SECTION FIVE ITS : FILING OF ORDINANCE
That there be fileedd In the office of the County Clerk of
TUiw County, Oklahoma, a true and correct copy of this
Ordinance.
PASSED AND APPROVED this 191h day of June, 2018
/w Dr. Chris Kelley, Mayor
ATTEST: /sr Juliann M. Stevens, City Clerk
N JulieVLombbaardi,, FORM: i Attorney
SUBJECT: Amendment of Code of Ordinances, Parts 1 and 2
DATE: June 15, 2018
BACKGROUND:
Some time ago, staff began an ongoing process of reviewing the Code of Ordinances to
determine which provisions require amendment, repeal, additions or relocation within the Code.
As a part of that process, staff presented proposed amendments to Part 1, General Provisions,
and Part 2, Administration and Government, of the Code to the City Council at several work
sessions. Proposed ordinances enacting and codifying those changes are now presented for
Council consideration.
RECOMMENDATION:
Staff recommends approval of Ordinance 1132 amending the Owasso Code of Ordinances,
Part 1, and approval of Ordinance 1133 amending the Owasso Code of Ordinances, Part 2.
ATTACHMENTS:
Ordinance 1132 amending Part 1
Ordinance 1133 amending Part 2