HomeMy WebLinkAbout1161_Part 10 Ch 4 Section 10-402, 10-403_definine controlled dangerous substances misdemeanors*o Tulsa County Clerk - Michael Willis
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ORDINANCE NO. 1161
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 -402, POSSESSION OF CONTROLLED DANGEROUS
SUBSTANCES; AND AMENDING SECTION 10 -403, POSSESSION OF PARAPHERNALIA;
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 -402 of the Code of Ordinances of the City of Owasso, Oklahoma, is
hereby amended to read as follows:
SECTION 10 -402 DEFINITIONS
For the purposes of Sections 10 -403 and 10- 403.1, the following definitions shall apply
unless the context clearly indicates or requires a different meaning:
Controlled dangerous substance means any drug, substance, or immediate precursor,
other than marijuana, included in Schedule I, II, III, IV or V of the Uniform Controlled
Dangerous Substances Act (63 O.S. § 2 -101, et seq.), including, but not limited to:
1. Hallucinogenic substances, including mescaline, psilocybin, and various types of
methoxyamphetamines.
2. Stimulants such as amphetamines and methamphetamines.
3. Barbiturates and other depressants such as amobarbital, secobarbital,
pentobarbital, phenobarbital, methaqualone, phencyclidine, and diazepam.
Drug paraphernalia means any equipment, product, or material of any kind which is
primarily intended or designed for use in manufacturing, compounding, converting,
concealing, producing, processing, preparing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance, possession of
which is unlawful under this chapter. It includes, but is not limited to, items intended or
designed for use in ingesting, inhaling, or otherwise introducing cocaine, PCP,
methamphetamine, or amphetamines into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips;
6. Miniature spoons with level capacities of one -tenth cubic centimeter or less;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air - driven pipes;
11. Chillums;
12. Bongs;
13. Ice pipes or chillers;
Ordinance 1161
Page 1 of 4
14. Wired cigarette papers; or
15. Cocaine freebase kits.
Marijuana means all parts of the plant Cannabis Sativa L., whether growing or not;
the seeds thereof; the resin extracted from any part of such plant; and every
compound, manufacture, salt, derivative, mixture or preparation of such plant, its
seeds or resin. This definition shall not include the mature stalks of such plant; fiber
produced from such stalks; oil, cake made from the seeds of such plant, any other
compound, manufacture, sale, derivative, mixture or preparation of such mature
stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of
such plant which is incapable of germination.
Practitioner means:
1. A physician, dentist, podiatrist, veterinarian, scientific investigator, or other
person who is authorized by state or federal law to distribute, dispense, conduct
research with respect to, use for scientific purposes or administer a controlled
dangerous substance in the course of professional practice or research in this state;
or
2. A pharmacy, hospital, laboratory, or other institution authorized by state or
federal law to distribute, dispense, or conduct research with respect to use for
scientific purposes or administer marijuana or a controlled dangerous substance in
the course of a registered professional practice or research in this state.
Simulated controlled dangerous substance means any substance which is not a
controlled substance nor marijuana, but which identifies itself by using a common
name or slang term associated with marijuana or with substances identified as a
controlled dangerous substance, or which indicates on its label or accompanying
promotional material or concerning which it is represented that the product simulates
the effect of a substance, or which by appearance, making or packaging would
lead a reasonable person to believe the substance was marijuana or a controlled
substance.
SECTION TWO (2): Section 10 -403 of the Code of Ordinances of the City of Owasso, Oklahoma, is
hereby amended to read as follows:
SECTION 10 -403 POSSESSION OF CONTROLLED DANGEROUS SUBSTANCES
A. It shall be unlawful for any person to knowingly or intentionally possess any controlled
dangerous substance or simulated controlled dangerous substance, other than
marijuana, unless such substance was obtained directly, or pursuant to a valid
prescription or order, from a practitioner, while acting in the course of his professional
practice. Any person who violates this subsection shall be guilty of a misdemeanor
and shall be punished by a fine of not more than $750.00, or by imprisonment of not
more than 60 days, or by both such fine and imprisonment.
B. A person in possession of an Oklahoma state - issued medical marijuana license
shall be able to legally possess up to three (3) ounces of marijuana on their person, six
(6) mature marijuana plants, six (6) seedling plants, one (1) ounce of concentrated
marijuana, seventy -two (72) ounces of edible marijuana, and eight (8) ounces of
marijuana in their residence. It shall be unlawful for any person to knowingly or
Ordinance 1161
Page 2 of 4
intentionally possess marijuana without an Oklahoma state - issued medical marijuana
license or to possess marijuana in excess of the limits prescribed in this subsection
unless authorized by the Oklahoma statutes. Any person who violates this section
shall be guilty of a misdemeanor and shall be punished by a fine of not more than
$400.00, plus costs.
C. Any person who is in possession of marijuana in an amount not to exceed one and
one -half (1.5) ounces who can state a medical condition, but is not in possession of a
state - issued medical marijuana license shall be guilty of a misdemeanor and shall be
punished by a fine of not more than $400.00, plus costs. Any law enforcement officer
who comes into contact with a person in violation of this subsection and who is
satisfied as to the identity of the person, as well as any other pertinent information the
law enforcement officer deems necessary, shall issue to the person a written citation
containing a notice to answer the charge in Owasso Municipal Court. Upon
receiving the written promise of the alleged violator to answer as specified in the
citation, the law enforcement officer shall release the person upon personal
recognizance unless there has been a violation of another provision of law.
SECTION THREE (3): Section 10 -403.1 of the Code of Ordinances of the City of Owasso,
Oklahoma, is hereby amended to read as follows:
SECTION 10 -403.1 POSSESSION OF PARAPHERNAILA
A. No person shall use or possess drug paraphernalia to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce into the human body a controlled dangerous substance, other than
medical marijuana, in violation of the Uniform Controlled Dangerous Substances Act,
63 O.S. § 2 -101, et seq. Any person who violates this subsection shall be guilty of a
misdemeanor and shall be punished by a fine of not more than $750.00, or by
imprisonment of not more than 60 days, or by both such fine and imprisonment.
B. No person shall deliver, sell, possess or manufacture drug paraphernalia knowing,
or under circumstances where one reasonably should know, it will be used to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale or otherwise introduce into the human body a controlled dangerous
substance, other than medical marijuana, in violation of the Uniform Controlled
Dangerous Substances Act, 63 O.S. § 2 -101, et seq. Any person who violates this
subsection shall be guilty of a misdemeanor and shall be punished by a fine of not
more than $750.00, or by imprisonment of not more than 60 days, or by both such fine
and imprisonment.
C. Subsections A and B shall not be applicable to practitioners to the extent such
paraphernalia is used as a part of their lawful practice of the profession.
D. Subsection A shall not be applicable to the possession of paraphernalia by persons
involved in the medical or veterinary equipment supply business, where such
possession is a necessary and appropriate part of servicing lawful medical or
veterinary practitioners.
Ordinance] 161
Page 3 of 4
E. In determining whether an item constitutes drug paraphernalia, in addition to all
other logically relevant factors, in the following may be considered:
1. Instructions, oral or written, provided with the item concerning its use;
2. Descriptive materials accompanying the item which explain or depict its use;
3. National and local advertising concerning its use;
4. The manner in which the item is displayed for sale;
5. Whether the owner, or anyone in control of the item, is a legitimate supplier of like or
related items to the community, such as a licensed distributor or dealer of tobacco
products;
6. Direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales
of the business enterprise;
7. The existence and scope of legitimate uses of the item in the community; and
8. Expert testimony concerning its use.
F. Any device used for the consumption of medical marijuana shall be considered
legal to be sold, manufactured, distributed, and possessed.
SECTION FOUR (4): 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 FIVE (5): CODIFICATION
This ordinance shall be codified in Part Ten (10) Offenses and Crimes, of the Owasso Code of
Ordinances.
SECTION SIX (6): REPEALER
That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby
expressly repealed.
SECTION SEVEN (7): 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 EIGHT (8): 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. _ ,
OF Old "a���� APPROVED AND ADOPTED Iii 18th day of February, 2020.
Chris Kelley, or
F;
iari - fyl�7S,#eve. ,rCity.Clerk
Appr ed as to form and legality:
'L
Juli Lombardi, City Attorney
Ordinance 1161
Page 4 of 4
Affidavit of Publication
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
,�,�f
(t,C-V [�/N// /�^-' `' " -" Newspaper reference: 0000629522
U Lega Representative
Sworn to and subscribed before me this date:
FEB 2 6 2626
4�j
Notary Public
My commission expires: DEC 0 R 2022
NANCY CAROL MOORE I
t SEwL Notary Public I
w..r State of Oklahoma
Commisslon _ # 06011884 Expires 12106/22
____________________
Oklahoma
Owasso Reporter • Sand Springs Leader
Sklatook Journal
Wagoner County American- Tribune
Ig
OKLAHOMA WEEKLY GROUP
Account Number
P.O. BOX 1770
TULSA, OK 74102 -1770
1015023
CITY OF OWASSO /LEGALS
Date
Alin Julie Stevens
PO BOX 180
February 26, 2020
OWASSO, OK 74055
Date
Category Description
Ad Size Total Cost
02/26/2020
Legal Notices ORDINANCE NO. 1161
2 x 243.00 CL 311.04
Affidavit of Publication
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
,�,�f
(t,C-V [�/N// /�^-' `' " -" Newspaper reference: 0000629522
U Lega Representative
Sworn to and subscribed before me this date:
FEB 2 6 2626
4�j
Notary Public
My commission expires: DEC 0 R 2022
NANCY CAROL MOORE I
t SEwL Notary Public I
w..r State of Oklahoma
Commisslon _ # 06011884 Expires 12106/22
____________________
629571
Published In the Owasso Reporter, Owasso, Tulsa Coun-
ty, Oklahoma February 26, 2020.
ORDINANCE NO. 1161
AN ORDINANCE RELATING TO PART 10, OF-
FENSES AND CRIMES, CHAPTER 4, OFFENSES
less authorized by the Oklahoma statutes. Any Person
who violates this section shall be guilty of a misde.
AGAINST THE HEALTH, WELFARE AND MO.
meanor and shall be Punished by a fine of not more
than $400.00, Plus costs.
RALS, OF THE CODE OF ORDINANCES, CITY OF
OWASSO, AMENDING SECTION 10 -402, POSSES-
C. Any person Who Is In possession of marijuana In
SION OF CONTROLLED DANGEROUS SUBSTAN-
CES; AND AMENDING SECTION 10403, POSSES-
an amount not to exceed one and one -half (1.5) ounces
Who can state a medical condition, but Is not in posses -
SION OF PARAPHERNALIA1 ESTABLISHING AN
Sian of a state- Issued medical marijuana license shall
be a misdemeanor and shall be punished by a
EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDI-
guilty of
fine of not more than $400.00, Plus costs. Any law en-
forcement officer Who comes into contact with a Per -
NANCES OR PARTS OF ORDINANCES IN CON-
son In violation of this subsection and who Is satisfied
FLICT
as to the identify of the person, as Well as any other
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF OWASSO, OKLAHOMA
Pertinent Information the law enforcement officer
deems necessary, shall Issue to the Person a written
THAT TO W IT:
SECTION ONE (1): Section 10 -402 of the Code of Ordl-
citation contolning a notice to answer the charge In
Owasso Municipal Court. Upon receiving the written
nonce. of the City of Owasso, Oklahoma, Is hereby
promise of the alleged violator to answer as specified
amended to read as follows;
In the citation, the IoW enforcement officer shall re-
SECTION 10-402 DEFINITIONS
lease the person upon Personal recognizance unless
For the Purposes of Sections 10-403 and 10403.1, the
following definitions shall apply unless the context
there has been a violation of another Provision of low.
SECTION THREE (3): Section 10403.1 of the Code of
clearly indicates or requires a different meaning:
Ordinances of the City of Owww, Oklahoma, Is hereby
Controlled dangerous Substance means any drug, suh-
amended to read as follows:
OF
stance, or Immediate precursor, other than marlluq-
SECTION 10403.1 POSSESSION
PARAPHERNAILA
no, Included In Schedule I, it, III, IV or V of the Unl-
form Controlled Dangerous Substances Act (63 O.S. ¢
A. No person shall use or possess drug paropherno-
2.101, et see.), Including, but not limited to:
Ila to plant, Propagate, cultivate, grow, harvest, manu-
1. Hallucinogenic substances, Including mescaline,
psllocybin, and various types of metho"amphetomines.
facture, compound, convert, produce, process, Pre.
pare, test, analyze, pock, repack, store, Contain, conceal,
2. Stimulants such as amphetamines and mathomPheta-
Inject, Ingest, inhale or otherwise Introduce into the human
body a controlled dangerous substance, other than medical
mines.
3. Barbiturates and other depressants such as amobarbltal,
secobarbital, pentobarbital, phenobarbital, meth-
marijuana, In violation of the Uniform Controlled Danger -
ous Substances Act, 63 O.S. 92 -101, et seq. Any Person who
aqualone, Phencyclidine, and dlampam.
Drug peraPhemai(o means any eaulPment, Product or
violates this subsection shall be guilty of a misdemeanor
and shall be Punished by a flne of not more than $750.00, or
material of any kind which is primarily Intended or
by Imprisonment of not more than 60 days, or by both such
designed for use In manufacturing, compounding, can-
vertine, concealing, Producing, Processing, Preparino,
fine and Imprisonment.
B. No Person shall deliver, sell, Possess or manufacture
Infecting, ingesting, Inhaling, or otherwise Introducing
Into the human body a controlled substance, posses-
drug Paraphernalia Knowing, or under circumstances
where one reasonably should know, It will be used to
Sion of which Is unlawful under this chapter. It In.
plant, propagate, cultivate, grow, harvest, manufac-
cludes, but Is not limited to, Items Intended or de-
slaned for use In Ingesting, inhaling, or otherwise In.
ture, compound, convert, produce, Process, Prepare,
test, analyze, pock, repack, store, contain, conceal, in.
troducino cocaine, PCP, methomphetamine, or am-
phetamines Into the human body, such as:
lect, Ingest, Inhale or otherwise Introduce Into the hu-
man body a controlled dangerous Substance, other
1. Metal, wooden, acrylic, glass, sane, plastic, or ceramic
Pipes with or without screens, Permanent screens, hashish
than medical marijuana, In violation of the Uniform
Controlled Dangerous Substances Act, 63 0.5. 8 2 -101,
heads, or Punctured metal bowls;
et seq. Any person who violates this subsection shall
be of a misdemeanor and shall be punished by 0
2. Water pipes;
0. Carburetion tubes and devices;
guilty
fine of not more than $750.00, or by Imprisonment of
4. Smoking and carburetion masks;
not more than 60 days, or by both such fine and im-
5. Reach clips;
6. Miniature spoons with level capacities of one -tenth
prisonment.
C. Subsections A and B shot[ not be applicable to Proc.
to the extent such Wrophernallo Is used as a port
cubic Centimeter or less;
7. Chamber pipes;
tltlaners
of their lawful practice of the profession.
8. Carburetor Pipes;
9. Electric Pipes;
D. Subsection A shall not be applicable to the possession of
Paraphernalia by persons involved In the medical or vet -
10. Air - driven Pipes;
erinary equipment supply business, where such pessesslon
Is and appropriate part of servicing lawful
11. Chillums;
12. Bongs;
a necessary
metlical or veterinary Practitioners.
_
13. Ice pipes or chlllem;
14. Wired cigarette Papers; or
E. In determining
perophemoiio,
whether an Item constitutes drug
In addition to all other logically rels-
15. Cocalne freebase Kits.
vant factors, In
the following may be considered:
Marijuana means all Parts of the plant Cannabis Soflva
L., whether growing or not; the seeds thereof; the me-
1. Instructions, oral or written, provided with the Item
In extracted from any Part of such Plant; and every
compound, manufacture, salt, derivative, mixture or
concerning Its use;
2. DescrlPtive materials accompanying the Item which ex-
preparation of such plant, Its seeds or resin. This deft-
nitlon shall not Include the mature stalks of such
plain or depict Its use;
3. National and local advertising concerning its use;
plant; fiber produced from such stalks; oil, coke made
from the seeds of such plant, any other compound,
4. The manner In which the Item Is displayed for Cole;
5. Whether the owner, or anyone In control of the item, Is a
manufacture, sets, derivative, mixture or preparation
of such mature stalks (except the resin extracted
legitimate supplier of like or related Items to the commun-
Ity, such as a licensed distributor or dealer of tobacco
therefrom), fiber, all or cake, or the sterilized seed of
such Plant which Is Incapable of germination.
Products;
6. Direct or circumstantial evidence of the ratio of Sales of
Practitioner means:
1. A Physician, dentist, podiatrist, veterinarian,
the item(s) to the total miss of the business enterprise;
7. The existence and scope of legitimate uses of the Item In
scientific Investigator, or other person Who Is authorized
by state or federal law to distribute, dispense, conduct re-
the wmmunitY; and
e. Expert testimony concerning Its Use.
search with respect to, use for scientific purposes or ad-
minister a controlled dangerous substance In the course of
F. Any device used for the consumption of medical
or professional Anpplha`macy, hospital, laboratory, or; other institu-
actured, distributed, anddPossesssed to be said, manu-
tion authorized by state or federal lase to distribute, dis.
Panne, or conduct research with respect to use for sci-
SECTION
If
FOUR (4): SEVERABILITY
any part or Parts of this ordinance are deemed uncon-
Iona Ice Invalid, Ineffective, the Portion
entific purposes or administer marijuana or a control-
shall
en full torcoe
led dangerous substance In the course of a registered
effect.
Professional Practice or research in this state.
Simulated controlled dangerous substance means any
SECTION FIVE (5): CODIFICATION
This ordinance shall be codified In Part Ten (10) Offens-
substance which Is not a controlled substance nor mar -
w and Crimes, of the Owasso Code of Ordinances.
.
Iluana, but which identities Itself by using a common
name or slang term assocloted with marijuana or with
SECTION SIX (6): REPEALER
That all ordinances or Parts of ordinances In conflict
substances Identified as a controlled dangerous sub-
herewith be, and the Same are hereby expressly re.
stance, or which Indicates on Its label or accompany-
Ing promotional material or concerning which It Is
pealed.
SECTION SEVEN (7): FILING OF ORDINANCE
the f the'County Clerk
represented that the product simulates the effect of a
substance, or which by appearance, making or Pack-
TulwiCountye Oklahoma, a true a his
aging would lead a reasonable Person to believe the
Ordinance.
SECTION EIGHT (8): DECLARING AN EFFECTIVE
substance was marijuana or a controlled substance.
DATE
SECTION TWO (2): Section 10.403 of the Code of Ordl-
The provisions of this ordinance shall become effective
nances of the City of Owasso, Oklahoma, Is hereby
thirty (30) days from the date of final Passage as provid-
amended to read as follows:
SECTION 10-07 POs ESSION OF CONTROLLED
ed by state law.
PASSED AND APPROVED this 18th day of February,
DANGERO 55UBSTA14CE5
A. It shall be unlawful for any person to knowingly or
Intentionally possess any controlled dangerous substance
than
/Chris Kelley Mayor
ATTEST: /s/JUflann M. Stevens City Clerk
to farm and legoll4i
or simulated Controlled dangerous substance, other
marlluana, unless such substance was obtained directly, or
Approved as
Tar Julie Lombardi, City Attorney
pursuant to a valid Prescription or order, from a Practi-
tioner, while acting In the course of his Professional Prac-
tice. Any Person who violates this subsection shall be guil-
ty of a misdemeanor and shall be punished by a fine of not
mare than $750.0, or by imprisonment of not more than 60
days, or by both such fine and Imprisonment.
B. A Person In possession of an Oklahoma sate - Issued
medical marl luana llcrose shall be able to legally pos-
sees up to three (3) ounces of marijuana on their per.
Son, six (6) mature moriluano Plants, six (6) seedling
plants, one (1) ounce of concentrated marll uana,
seventy -two (72) ounces of edible marijuana, and eight
(8) ounces of marijuana In their residence. It shall be
unlawful for any person to knowingly or intentionally
PPS.B.S marlluona without an Oklohonlo state- Issued
medical marlluona license or to possess marijuana in
excess of the limits prescribed In this subsection Un-
s�
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