HomeMy WebLinkAbout1160_Part 10 Ch 4 Section 10-401 401.1_Public Intoxicationv� TOE Tulsa County Clerk - Michael Willis
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VKWINANCE NO. 1160
AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 4, OFFENSES
AGAINST THE HEALTH, WELFARE AND MORALS, OF THE CODE OF ORDINANCES, CITY OF
OWASSO, AMENDING SECTION 10 -401, PUBLIC INTOXICATION; ADDING SECTION 10-
401.1, CONSUMPTION OF INTOXICATING SUBSTANCES; ESTABLISHING AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; 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): Section 10 -401 of the Code of Ordinances of the City of Owasso, Oklahoma, is
hereby amended to read as follows:
SECTION 10 -401 PUBLIC INTOXICATION
A. It is unlawful for any person to be drunk or intoxicated and to disturb the peace of
any person in any public or private road, or in any passenger coach, streetcar or any
public place or building, or at any public gathering. Any person who violates this
subsection shall be guilty of a misdemeanor and shall be punished by a fine of not
less than $10.00 nor more than $100.00, or by imprisonment for not less than five (5)
days nor more than thirty (30) days, or by both such fine and imprisonment.
B. An intoxicated person in a public place who appears to be in need of help, if the
person consents to the offered help, may be assisted to his or her home, an
alternative facility pursuant to the provisions of the Oklahoma Alcohol and Drug
Abuse Services Act, or to an approved treatment facility by a police officer.
C. A person who appears to be intoxicated, and as a result of such intoxication is
unconscious in a public place or reasonably appears to be in danger of harming
himself or herself or others, may be taken into protective custody by a peace officer
and immediately brought to an approved treatment facility for medical or
nonmedical detoxification.
SECTION TWO (2): Section 10 -401.1 of the Code of Ordinances of the City of Owasso, Oklahoma,
is hereby amended to read as follows:
SECTION 10 -401.1 CONSUMPTION OF INTOXICATING SUBSTANCES
It is unlawful for any person to drink or otherwise consume any intoxicating substance,
or intoxicating compound of any kind, or inhale glue, paint or other intoxicating
substance, and to disturb the peace of any person in any public place, or in or upon
any passenger coach, streetcar, or in or upon any other vehicle commonly used for
the transportation of passengers, or in or about any depot, platform, waiting station
or room unless authorized by the Oklahoma Alcoholic Beverage Control Act. Any
person who violates this section shall be guilty of a misdemeanor and shall be
punished by a fine of not less than $10.00 nor more than $100.00, or by imprisonment
for not less than five (5) days nor more than thirty (30) days, or by both such fine and
imprisonment.
Ordinance 1160
Page 1 of 2
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 Ten (10) Offenses and Crimes, of the Owasso Code of
Ordinances.
SECTION FIVE (5): REPEALER
That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby
expressly repealed.
SECTION SIX (6): FILING OF ORDINANCE
That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and
correct copy of this Ordinance.
SECTION SEVEN (7): 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.
v. APPROVED and OHTED t18th day of February, 2020.
O
Chris K y, Mayor
Lit
Wr
M. Stevens./City Clerk
Approved as to form and legality:
nrf
Julie mbardi, City Attorney
Ordinance 1160
Page 2 of 2
Weekly
Group
,r_
CITY OF OWASSO /LEGALS
Attn Julie Stevens
PO BOX 180
OWASSO, OK 74055
Owasso Reporter • Sand Springs Leader
Sklatcok Journal
Wagoner County American - Tribune
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
Account Number
1015023
Date
February 26, 2020
Date Category Description Ad Size Total Cost
02126/2020 Legal Notices ORDINANCE NO. 1160 2 x 94.00 CL 120.32
Published In the Owasso Reporter, OWOSSO, Tulsa Coun-
tY.Oklahomo, February 26, 2020.
ORDINANCE NO. 1160
AN ORDINANCE RELATING TO PART 10, OFFENSES
AND CRIMES, CHAPTER 4, OFFENSES AGAINST THE
HEALTH, WELFARE AND MORALS, OF THE CODE
OF ORDINANCES, CITY OF OWASSO, AMENDING SEC.
TION TION 70401.1, CONSUMPTIONIOF INTOXICATING CATING SUB-
STANCES! ESTABLISHING AN EFFECTIVE DATE,
ALL ORDINANCES NCES OVR PARTS OF ORDINANCES NN
CONFLICT
�OUNCILaOF THE CITY OF OWASSO,BOKLAHOMA,
'HAT TO WIT:
'SECTION ONE (1): Section 10401 of the Code of Oral.
ances of the City of Owasso, Oklahoma, Is hereby
mended to read as follows:
SECTION 10.401 PUBLIC INTOXICATION
A. It is unlawful for any person to be drunk or Intoxi.
cated and to disturb the Peace of any person In any
Public or streetcar or any pubic place or building, or at any
Public gathering. Any Person who violates this subsec.
tion shall be guilty of a misdemeanor and shall be Pun-
[shed by a. fine of not less than $10.00 nor more than
$100.00, or by Imprisonment for not less than five (5)
days nor more than thirty IN) days, or by both such
fine and Imprisonment.
B. An Intoxicated person In a public place Who ap-
the rOffered In may be¢Mi tied to hisror her home, an
alternative facility pursuant to the provisions of the Okla.
home Alcohol and Drug Abuse Services Act or to an air
Proved treatment facility by a police officer.
C. A person who appears to be Intoxicated, and as a result
Of such IMOXication Is unconscious in a PUN lc Place or
reasonably OPPSOn to be In danger of harming himself
or herself or others, may be taken Into protective cus-
tody by a peace officer and immediately brought to an
approved treatment facility for medical or nonmedical
defaxlficatlon.
aCT10N TWO (2): Section 10-401.1
m of the Code of Ordl-
0es Of the CRY: of Owasso, Oklahoma, is hereby
nSI1001 I61ECTON 41 CON1MPTION OF NTOXI AT
IN g B TAN
It Is unlawful for any person to drink or otherwise con-
sume any intoxicating substance, or Intoxicating com.
Found of any kind, or Inhale glue, Paint or other Intoxl.
cating substance, and to disturb the Peace of any per-
son In any public place, or In or upon any passenger
coach, streetcar, or In or upon any other vehicle corn.
Manly used for the transportation of passengers, or In
or about any depot, Platform, waiting station or room
unless authorized by the Oklahoma Alcoholic Beverage
Control Act. Any person who violates this section
shall be guilty Of a misdemeanor and shall be Punished
by a fine of not less than $10.00 nor more than $100.00,
or by Imprisonment for not less than five (5) days nor
more than thirty (30) days, or by both such fine and
Imprisonment.
.CTION THREE (3): SEVERABILITY
any part or parts of this ordinance are deemed uncon-
tutional, Invalid, or Ineffective, the remaining Portion
p11 .not be affected, but shall remain In full force and
I m coamm In Part Ten (10) offers.
es and Crimes, of the Owasso Code of ordinance$.
SECTION FIVE (5): REPEALER
That all ordinances or Parts of ordinances in conflict
herewith be, and the some are hereby expressly re-
pealed.
SECTION SIX (6): FILING OF ORDINANCE
That there ntyy, Oklahoma office and correctncopy Clerk phis
Ordinance.
SECTION SEVEN (7): DECLARING AN EFFECTIVE
DATE
thirty (aajsaeye of this the datenof final shall become asPProvli0
by state AND APPROVED this 18th day of February,
2020.
/s/ Chris Kelley, Mayor
ATTEST: /s/Juliann M. Stevens, City Clerk
Approved as to farm and legality:
/s/ Julie Lombardi, City Attorney
Affidavit of Publication
1 Melissa Marshall , of lawful age, being duly
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
02/26/2020
Newspaper reference: 0000629518
Lego Representative
Sworn to and subscribed before me this date:
FEB 2 6 2020
Notary Public
My Commission expires: DEC ® 8 2022
/ T.--y -------------------
,,, NANCY CAROL MOORE I
�'�e �..J Stallotary klahoma
Commission!# 06011684 Expires 12106/22
--------------------------- _-1_-10-2__
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ozp".. p[tcr HE4L Cammunily
TO: The Honorable Mayor and City Council
FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Ordinance 1159 Amending Part 3, Alcoholic Beverages, of the Owasso Code of
Ordinances, and Ordinances 1160, 1161, and 1162 Amending Part 10, Offenses
and Crimes, of the Owasso Code of Ordinances
DATE: February 14, 2020
The Oklahoma Legislature has made numerous changes to state statutes governing alcohol,
controlled dangerous substances and various criminal offenses over the past few years. As a
result of those changes, staff recommends the following amendments to the Owasso Code of
Ordinances to comply with state law.
Ordinance 1159
Sections 3- 108.3 -1 1 1, 3-114, 3 -115.3 -116 and 3 -117
This ordinance provides that certain alcohol establishments may employ, under certain
circumstances, persons who are eighteen (18) years of age, as well as musicians who are less
than eighteen (18) years of age who have parental permission. This ordinance additionally
regulates the transport of alcoholic beverages in a vehicle, the consumption of spirits (alcohol
other than beer or wine) in public, misrepresentation by a person of his or her age to obtain
alcohol, possession or consumption of alcohol by a minor and furnishing alcohol to a person less
than twenty -one (21) years of age.
Ordinance 1160
Sections 10 -401 and 10 -401.1
This ordinance establishes that it shall be unlawful for any person to be intoxicated in public and
disturb the peace of any person. The ordinance further provides that assistance may be
provided to an intoxicated person needing help, and that such a person may be assisted to
their home or to an appropriate facility.
Ordinance 1161
Sections 10-402,10-403 and 10 -403.1
This ordinance defines a controlled dangerous substance within the Owasso Code of
Ordinances and provides penalties for possession of such substances. This ordinance
additionally incorporates and adopts new state law regarding the possession of medical
marijuana.
Ordinance 1162
Sections 10 -201, 10 -424, 10 -417 and 10 -425, repealing 10 -415
This ordinance amends the value of property taken in the Petit larceny, Embezzlement,
Defrauding Hotels, Restaurants and Other Service Providers and Obtaining Property by Trick or
Deception, False Representation, or Pretense sections of the Code of Ordinances. This
ordinance additionally repeals 10 -415, Harmful Deception, because the law contained therein is
adequately addressed in other sections of the Code.
RECOMMENDATION:
Staff will recommend adoption of proposed Ordinance 1159 amending Chapter 1, Alcoholic
Beverages; Taxation and Regulation, of Part 3, Alcoholic Beverages, of the Owasso Code of
Ordinances. Staff will further recommend adoption of proposed Ordinances 1160 and 1161
amending Chapter 4, Offenses against the Health, Welfare and Morals, of Part 10, Offense and
Crimes, of the Owasso Code of Ordinances. Staff will additionally recommend adoption of
Ordinance 1162 amending Chapter 2, Offenses against Property, and Chapter 4, Offenses
against the Health, Welfare and Morals, of Part 10, Offenses and Crimes, of the Owasso Code of
Ordinances.
ATTACHMENTS:
Proposed Ordinances 1159, 1160, 1161, and 1 162