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HomeMy WebLinkAboutPart 10 Offenses and Crimes PART 10 OFFENSES AND CRIMES CHAPTER 1 OFFENSES IN GENERAL Section 10-101 Attempts to Commit an Offense Section 10-102 Aiding in an Offense Section 10-103 "Offense" Defined Section 10-104 "Violation" Defined Section 10-105 Penalty Not to Excuse Offense Section 10-106 Capacity to Commit Offense Section 10-107 Intoxication; No Defense Section 10-108 Witness; Self Incrimination Section 10-109 Nuisances Section 10-110 Conspiracy Section 10-111 Limitations of Actions CHAPTER 2 OFFENSES AGAINST PROPERTY Section 10-201 Petit Larceny Prohibited Section 10-202 Injuring Automobiles and Other Vehicles Section 10-203 Destroying or Injuring Buildings and Other Property Section 10-204 Placing Signs on Property of Another Section 10-205 Throwing or Shooting at Persons or Property Section 10-206 Tampering With or Damaging Public Utilities, Larceny Section 10-207 Unlawful Intrusion Upon Land Section 10-208 Illegal Entrance Section 10-209 Throwing Advertising on Street Prohibited Section 10-210 Throwing Injurious Substances Section 10-211 Injury to Public Plants and Trees Section 10-212 Public Streets and Trees Section 10-213 Damaging, Destroying Trees, Plants or Fruit; Trespass Section 10-214 Altering, Obstructing Gutters, Drains, Streams and Other Water Passages Section 10-215 Trespass Prohibited Section 10-216 Parking on Property of Another Person or Business Section 10-217 Improper Use of Driveways and Parking Areas Section 10-218 Interference with Fire Hydrants Section 10-219 Defacing Public Property Section 10-220 Public Grounds, Use Of Section 10-221 Surrender of City Property Section 10-222 Malicious Mischief CHAPTER 3 OFFENSES AGAINST THE PUBLIC Section 10-301 Disturbing the Peace Section 10-302 Insulting Signs, Literature or Language Section 10-303 Literature or Language Ridiculing Religion Section 10-304 Fireworks Prohibited Section 10-305 Storing or Keeping Explosives Section 10-306 Carrying Weapons and Exceptions; Transporting Concealed Handgun Section 10-307 Display of Guns Unlawful - Repealed Section 10-308 Indoor Air Rifles and Archery Ranges Permitted Section 10-309 Discharging Weapons; Throwing Missiles Section 10-310 Reckless Conduct Section 10-311 Repealed by Ordinance 1170 Section 10-312 Repealed by Ordinance 1170 Section 10-313 Political Advertising on Rights of Way Section 10-314 Remaining on School Property CHAPTER 4 OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS Section 10-401 Public Intoxication Section 10-401.1 Consumption of Intoxicating Substances Section 10-402 Definitions Section 10-403 Possession of Controlled Dangerous Substances Section 10-403.1 Possession of Paraphernalia Section 10-404 Prostitution and Lewd Conduct Section 10-405 Disorderly House Section 10-406 Nudity, Improper Dress, Indecent Exposure Section 10-407 Definitions; Obscenity Regulations Section 10-408 Prohibited Obscene Conduct Section 10-409 Vagrancy Prohibited for Specific Offenses Section 10-410 Curfew for Minors Section 10-411 Sleeping on the Streets, Depots Section 10-412 Begging Prohibited Section 10-413 Gambling Prohibited Section 10-414 Being About Place Where Gambling is Going On – REPEALED Section 10-415 Harmful Deception Section 10-416 False or Bogus Checks Section 10-417 Defrauding Hotels, Restaurants, and Other Service Providers Section 10-418 Interference With or Obstruct Use of Streets, Sidewalks Section 10-419 Tobacco to Minors – REPEALED Section 10-420 Obscene Harassing Telephone Calls and Other Electronic Transmissions Section 10-421 Outraging Public Decency Section 10-422 Contributing to the Delinquency of a Minor Section 10-423 Permitting or Allowing Gatherings Where Alcohol is Served to Minors Section 10-424 Embezzlement Prohibited Section 10-425 Obtaining Property by Trick or Deception, False Representation or Pretense Section 10-426 Truancy CHAPTER 5 OFFENSES AGAINST PERSONS Section 10-501 Assault and Battery Prohibited Section 10-502 Lawful Use of Force CHAPTER 6 OFFENSES AGAINST PUBLIC AUTHORITY Section 10-601 False Alarms Section 10-602 Removal of Barricades Section 10-603 Rescuing Prisoners Section 10-604 Escape of Prisoners Section 10-605 Assisting Escape of Prisoners Section 10-606 Unlawful Communication with Prisoners Section 10-607 Eluding Police Officer Section 10-608 Impersonating an Officer or Employee Section 10-609 False Representation to an Officer Section 10-610 Refusing or Failing to Assist an Officer Section 10-611 Assault or Battery upon Police or other Law Officer Section 10-612 Resisting Public Officer Section 10-613 Interference Section 10-614 Obstruction CHAPTER 7 PENALTIES Section 10-701 General Penalties CHAPTER 8 ALARMS Section 10-801 Legislative Intent Section 10-802 Definitions Section 10-803 Alarm Registration Required Section 10-804 Length of Audible Signal Section 10-805 Responsibilities of Police Alarm User Section 10-806 Right of Inspection Section 10-807 False Alarms Section 10-808 Appeals Process CHAPTER 9 SMOKING AND TOBACCO Section 10-901 Tobacco to Minors-Definitions Section 10-902 Furnishing, Giving, or Sale of Tobacco or Vapor Products to Minors Section 10-903 Receipt of Tobacco or Vapor Products by a Minor Section 10-904 Proper Signage Required Section 10-905 Notice to Retail Employees Section 10-906 Limited Access to Vending Machines Section 10-907 Distribution of Tobacco Product Samples Section 10-908 Sale of Tobacco Products Except in Original Sealed Package Section 10-909 No Public Access to Tobacco Section 10-910 Restrictions on Manner of Enforcement Section 10-911 Transfer of any Material or Device Used in Smoking, Chewing or Consumption of Tobacco to Minors Prohibited-Administrative Fine for Violations Section 10-912 Smoking in Certain Public Places Prohibited Section 10-913 Tobacco use in City Parks Prohibited CHAPTER 10 NOISE Section 10-1001 Loud, Disturbing Noises Prohibited Generally Section 10-1002 Measurement Section 10-1003 Sounds Impacting Residential Life Section 10-1004 Amplified Sound Section 10-1005 Permits for Additional Amplification Section 10-1006 Outdoor Amplification and Music at Commercial Establishments Section 10-1007 Permits for Large Outdoor Music Facilities Section 10-1008 Chronic Commercial and Industrial Noise Section 10-1009 Animals Section 10-1010 Motor Vehicles Section 10-1011 Enforcement and Penalties CHAPTER 1 OFFENSES IN GENERAL Section 10-101 Attempts to Commit an Offense Section 10-102 Aiding in an Offense Section 10-103 "Offense" Defined Section 10-104 "Violation" Defined Section 10-105 Penalty Not to Excuse Offense Section 10-106 Capacity to Commit Offense Section 10-107 Intoxication; No Defense Section 10-108 Witness; Self Incrimination Section 10-109 Nuisances Section 10-110 Conspiracy Section 10-111 Limitations of Actions SECTION 10-101 ATTEMPTS TO COMMIT AN OFFENSE Every person who attempts to commit an offense against the ordinances of the city, and in such attempt does any act toward the commission of such offense, but fails or is prevented or intercepted in the perpetration thereof, is guilty of an offense, and shall be punished in the manner prescribed for the attempted offense itself. SECTION 10-102 AIDING IN AN OFFENSE When no punishment for counseling or aiding in the commission of a particular offense is expressly prescribed by ordinance, every person who counsels or aids another in the commission of such is guilty of an offense, or misdemeanor, and punishable in the same manner as the principal offender. SECTION 10-103 "OFFENSE" DEFINED The word "offense", whenever used in this code or in any title, chapter or ordinance of the city means the unlawful act of doing, or failing to do, some particular act or thing construed therein to be detrimental to the general welfare, morals, peace, health or safety of the inhabitants of the city. SECTION 10-104 "VIOLATION" DEFINED The doing of any of the acts or things prohibited, or failing to do any of the acts or things commanded to be done, as more fully specified and set forth by any provision of this code or any title, or chapter hereof, or future ordinances of the city, is hereby declared to be an offense against the good order, public peace, morals, health, proper government and welfare of the city and unlawful. SECTION 10-105 PENALTY NOT TO EXCUSE OFFENSE The imposition of one penalty for any offense shall not excuse it or permit it to continue, nor prevent the imposition of further penalties, should the offenses be continued or permitted to continue. SECTION 10-106 CAPACITY TO COMMIT OFFENSE All persons are capable of committing an offense as herein provided, except those belonging to the classes following: 1. Children under the age of seven (7) years; 2. Children over the age of seven (7) years, but under the age of fourteen (14) years, in the absence of proof that at the time of committing the act or neglect charged against them, they knew its wrongfulness; 3. Lunatics, insane persons, and all persons of unsound mind, including persons temporarily or partially deprived of reason, upon proof that at the time of committing the act charged against them, they were involuntarily incapable of knowing its wrongfulness; 4. Persons who committed the act, or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent. But ignorance of the law does not excuse from punishment for its violation; 5. Persons who committed the act charged without being conscious thereof, involuntarily; and 6. Persons who committed the act, or made the omission charged, while under involuntary subjection to the power of superiors. SECTION 10-107 INTOXICATION; NO DEFENSE No act committed by any person while in a state of intoxication, whether from liquor or drugs, shall be deemed less an offense by reason of his being in such condition. SECTION 10-108 WITNESS; SELF INCRIMINATION No person otherwise competent as a witness, shall be incapacitated, excused or disqualified from testifying concerning the offense mentioned in any section, chapter or title of this code, or any ordinances hereafter enacted on the ground that his testimony might incriminate him, but the testimony which may be given by such witness shall in no case be used against him. SECTION 10-109 NUISANCES It is unlawful and an offense for any person to permit, maintain, aid, abet, or sanction a nuisance on or about any premise or premises owned by him or under his control at any place within the corporate limits of the city. SECTION 10-110 CONSPIRACY Any two (2) or more persons assembled or who shall assemble with the intent to mutually agree to do any unlawful act with force or violence and shall make any movement therefore against the property of the city or the person or property of another person shall be guilty of an offense. SECTION 10-111 LIMITATIONS OF ACTIONS The time within which a charge may be filed under the provisions of this chapter shall be one year from the date of the commission or omission or in cases involving fraud, deception or deceit, one year from the discovery of the fraud, deception or deceit unless otherwise provided by the statutes of the state. CHAPTER 2 OFFENSES AGAINST PROPERTY Section 10-201 Petit Larceny Prohibited Section 10-202 Injuring Automobiles and Other Vehicles Section 10-203 Destroying or Injuring Buildings and Other Property Section 10-204 Placing Signs on Property of Another Section 10-205 Throwing or Shooting at Persons or Property Section 10-206 Tampering With or Damaging Public Utilities, Larceny Section 10-207 Unlawful Intrusion Upon Land Section 10-208 Illegal Entrance Section 10-209 Throwing Advertising on Street Prohibited Section 10-210 Throwing Injurious Substances Section 10-211 Injury to Public Plants and Trees Section 10-212 Public Streets and Trees Section 10-213 Damaging, Destroying Trees, Plants or Fruit; Trespass Section 10-214 Altering, Obstructing Gutters, Drains, Streams and Other Water Passages Section 10-215 Trespass Prohibited Section 10-216 Parking on Property of Another Person or Business Section 10-217 Improper Use of Driveways and Parking Areas Section 10-218 Interference with Fire Hydrants Section 10-219 Defacing Public Property Section 10-220 Public Grounds, Use Of Section 10-221 Surrender of City Property Section 10-222 Malicious Mischief SECTION 10-201 PETIT LARCENY PROHIBITED A.Petit larceny is the taking of personal property of value less than $1,000.00, accompanied by fraud or stealth and with the intent to deprive another thereof, provided that it does not include the taking of such property from the person of another. B.Petit larceny is unlawful, and any person who commits petit larceny shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10.00 or more than $500.00, or by imprisonment of not more than 60 days, or both such fine and imprisonment. (Ord. No. 696, 12/4/01; 1162, 2/18/20) SECTION 10-202 INJURING AUTOMOBILES AND OTHER VEHICLES A. It is unlawful for any person to start, otherwise meddle with, molest, enter, occupy, take or drive away any automobile or other vehicle belonging to another, without the consent of the owner or person in charge thereof. B. It is unlawful for any person to mutilate, deface or injure any automobile or other vehicle, or to remove therefrom any number, tag or mark indicating ownership or identity thereof. State Law Reference: Similar provisions, 21 O.S. 1971, Section 1787. SECTION 10-203 DESTROYING OR INJURING BUILDINGS AND OTHER PROPERTY A. It is unlawful for any person to purposely destroy, injure, deface, besmear, or molest any structure, building, outbuilding, fence, or any other property, real or personal, public or private, belonging to another or to use any such property wrongfully to the detriment of the owner or other person entitled to its use. It is unlawful to interfere wrongfully with the use of any such property by its owner or any other person entitled to its use. B. It is unlawful for any person to loosen or remove any plank, board, block, brick, stone, stringer, support or other part from, or to injure or destroy any sidewalk, crossing, bridge, culvert, viaduct, gate, sign or other property of another, without lawful authority. State Law Reference: Damaging property of another, 21 O.S. Sections 1760 et seq. SECTION 10-204 PLACING SIGNS ON PROPERTY OF ANOTHER It is unlawful for any person to place, stick, tack, paste, post, paint, mark, write or print any sign, poster, picture, announcement, advertisement, bill placard, device or inscription upon any public or private building, fence, sidewalk, bridge, viaduct, post, automobile, other vehicle or other property of another, without the consent of the owner or person in charge thereof. SECTION 10-205 THROWING OR SHOOTING AT PERSONS OR PROPERTY It is unlawful for any person to throw or shoot any stone, shot or other object into or across any street or alley, or in any place where he is likely to hit another person wrongfully or to injure property, or to throw or shoot any stone, shot or other object at any person, vehicle, structure, electric light or other property of another (whether public or private), except in case where such is done in defense of oneself, of another person or of property. SECTION 10-206 TAMPERING WITH OR DAMAGING PUBLIC UTILITIES, LARCENY A. It is unlawful for any person to adjust, connect, disconnect, molest, injure, destroy or in any way tamper with any water or gas pipe, any telephone pole or apparatus, meter loop, riser or connection belonging thereto, or any water, gas or electric meter or meter box or housing, or any pipe, wire, cable equipment,conduit or connection belonging thereto, or any other part of water, gas, cable equipment or electrical system, or to do any act or use any contrivance to prevent or affect correct and proper registration by any such meter. This shall not apply to officers and employees of the city or of any person, firm or corporation owning or operating such water, cable equipment,gas or electric system, acting in line of duty. B. No person shall, without lawful authority, make any splice, tap or other connection into or on any cable, wire, pipe or other service furnished to the residents of the city by the city or by any person, firm or corporation operating in the city under a valid permit issued by the city. C. Any person who with intent to defraud, makes or causes to be made any pipe, wire, cable equipment or other instrument or contrivance and connects the same or causes the same to be connected with any pipe or cable provided for the purpose of conducting water, gas or cable service, or with any wire or other electrical conductor provided for the purpose of conducting electricity, so as to conduct such gas, water, cable equipment or electric current, to a point where the same may be consumed, without its passing through meters provided for registering the quantity consumed, or in any manner so as to evade payment therefore, whether the gas, water, cable service or electrical current is furnished through a meter or not, shall be guilty of an offense. Every person who, with like intent, injures or alters any gas, electric or water meteror cable equipment, or obstructs its action, is guilty of an , offense. (Ord 984, 4/18/11) SECTION 10-207 UNLAWFUL INTRUSION UPON LAND It is unlawful for any person to intrude or squat upon any lot or piece of land within the city without a license or authority from the owner thereof, or to erect or occupy thereon any hut, hovel, shanty or other structure without such license or authority, or to place, erect or occupy within the bounds of any street, alley or avenue of the city, any hut, shanty, hovel, or other structure without authority of law or ordinance. SECTION 10-208 ILLEGAL ENTRANCE It is illegal for any person to enter upon the property of another or into an area or structure on such property (whether such property, area or structure is public or private), when such entrance is plainly forbidden by signs or otherwise or when the property, area or structure is enclosed, except when such entrance is in line of duty, or with the expressed, or tacit consent of the owner or person in charge, or otherwise by authority of law or ordinance. SECTION 10-209 THROWING OR PLACING ADVERTISEMENTS ON STREETS AND VEHICLES PROHIBITED It is unlawful for any person to throw, leave or deposit, or cause to be thrown, left or deposited upon any automobile, street, alley, sidewalk or other public area, any handbill, circular, or other advertisement. (Ord 984, 4/18/11) SECTION 10-210 THROWING INJURIOUS SUBSTANCES It is unlawful for any person to purposely or premeditatedly put or throw upon the person or property of another, or upon any animal, any acid, corrosive or other irritating or harmful substance, or human or animal waste or urine, with intent to injure or harass the person, property or animal. SECTION 10-211 INJURY TO PUBLIC PLANTS AND TREES It is unlawful for any person to willfully and without authority cut, pull, pluck or otherwise injure any flowers, flowering plants, shrubs or trees growing in or around any park or public street within the city, or willfully or without authority to tear down, remove, cut or otherwise injure or destroy any gate or fence enclosing any such park or ground, or willfully injure or destroy any stand, bench, seat or other property situated upon such park or ground. SECTION 10-212 PUBLIC STREETS AND TREES It is unlawful for any person to: 1. Willfully or wantonly cut, deface or in any way injure any tree or sapling standing or growing in any of the streets, alleys or public places within the city; 2. Attach any guy wires, telephone, telegraph, or electric wire, or any wire to any live tree; 3. Dig any hole, ditch or trench in any public street, road, avenue or alley, or any other public premises or ground within, belonging to or under the supervision or control of the city; 4. Take or remove any dirt, earth or any substance from any street, road, alley or other public place in the city; or to cut, break or otherwise injure any pavement, curb or gutter therein; or 5. Connect any driveway to any street or other public place without first securing permission from the city inspector. Any such digging, removing, or driveway connection shall be done under the supervision of the street superintendent or city engineer. SECTION 10-213 DAMAGING, DESTROYING TREES, PLANTS OR FRUIT; TRESPASS It is unlawful for any person to willfully cut down, root up, sever, injure or destroy any fruit tree, shade or ornamental tree, cultivated root, plant, vine, shrub or bush whatever, which is the property of another, standing on or attached to the land of another, or to pick, destroy or carry away, or in any way interfere with, any part of the fruit on the tree or to trespass on the premises of another, without the consent of the owner or person in charge. (Ord 984, 4/18/11) SECTION 10-214 ALTERING, OBSTRUCTING GUTTERS, DRAINS, STREAMS AND OTHER WATER PASSAGES A. It is unlawful for any person to change, alter, deflect, destroy or injure any gutter, waterway, water outlet, drain, ditch, stream or other water passage, either natural or artificial, in or upon the streets, avenues, alleys or other public ways or public property within the city or to change the course or flow of any water passage or stream running upon his property or upon the side of the street adjacent to his property in such a manner as to cast the stream or flow of water into the public street or other public way or upon the property of another. B. It is unlawful for any person to fill up, deflect or obstruct any gutter, waterway, water outlet, drain, stream, ditch, sewer or other water passage, either natural or artificial, by throwing or causing to be thrown therein any trash, rubbish, garbage, brush or other thing. C. If it becomes necessary to change, alter or in any way interfere with any gutter, drain, ditch, stream or other water passage, for the purpose of protecting the streets or other public ways or property, or for the protection or preservation of the property of any person, it shall be necessary first to obtain the consent of the city manager. SECTION 10-215 TRESPASS PROHIBITED A. For the purpose of this section, the following terms shall be defined as follows: 1. "Public property" means that property which is dedicated to public use and over which the federal, state or municipal government or any subdivision thereof exercises control; 2. "Private property" means any property other than public property; and 3. "Trespass" means each and every actual entry upon the premises of an owner or other person in lawful possession of the premises without the express or the implied consent of the owner or other person in lawful possession. Trespass shall also mean remaining upon the premises of an owner or other person in lawful possession after having been told to leave the premises by the owner, or the agent, or employee of the owner, or other person in lawful possession of the premises. Trespass shall also be defined as the act of remaining on private property at any time other than during posted hours of business operation after having been directed to vacate such premises by a police officer; provided that the provisions of this sentence shall not apply to persons, including employees, whose presence upon such premises is authorized by the owner or by a person in lawful possession of such premises; nor shall the provisions of this sentence apply unless hours of business operations are posted upon such premises. Trespass shall also be defined as the act of returning to private property before the posted time of opening for business operation on the next business day after having been directed to vacate such premises under the terms of this subsection. B. It is unlawful for any person to trespass on private property. SECTION 10-216 PARKING ON PROPERTY OF ANOTHER PERSON OR BUSINESS It is unlawful for any person to park an automobile or other vehicle, or to place any structure or object on the driveway, parking area, yard, or any portion of the premises or property of another person or business, including but not limited to any restaurant, gasoline/filling station or other business, when the business is not open to the public for business without the expressed or tacit consent of the owner or person in charge thereof, or when necessary in the performance of a duty, or otherwise by authority of law or ordinance. SECTION 10-217 IMPROPER USE OF DRIVEWAYS AND PARKING AREAS It is unlawful for any person to drive a motor vehicle onto the premises, driveway, or parking area of any place of business without purchasing or attempting to purchase or obtain service or merchandise thereat. It shall be considered a violation of this section to drive onto the premises without stopping and requesting services or attempting to purchase merchandise; provided nothing herein shall prohibit deliveries of material or merchandise to the premises. SECTION 10-218 INTERFERENCE WITH FIRE HYDRANTS A. It is unlawful for any person except one duly authorized by the city water superintendent or a member of the fire department to open, turn on or off, interfere with, attach any pipe or hose to, or connect anything with, any fire hydrant belonging to the city. B. It is unlawful for any person to obstruct free access to any fire hydrant in the city. The obstructions prohibited in this section include but are not limited to those caused by placement of boxes, cartons, or other containers, or brick, lumber or dirt, near or around such hydrants, or the growth of grass, weeds or plants near the fire hydrants. Cross Reference: Fire department and services, Sections 13-201 et seq. SECTION 10-219 DEFACING PUBLIC PROPERTY It is an offense for any person to maliciously or willfully deface, injure, destroy, smear or bedaub any buildings, sidewalks, streets, pavement, curbing, water or sewer lines, or other real or personal property of the city. SECTION 10-220 PUBLIC GROUNDS, USE OF Any person who shall maintain, erect, or permit the erection of any building, hut, hotel, shanty, tent or other structure under his or her control, upon any street, sidewalk, alley, avenue, or other public grounds of the city, shall be guilty of an offense. SECTION 10-221 SURRENDER OF CITY PROPERTY Each and every person who, having been an officer or employee of the city wrongfully refuses to surrender all books, papers, or other property coming into his possession as such officer or employee, when so requested to do so by his successor in office or his superior in authority or upon any written order of the city council or other duly authorized town official, shall be guilty of an offense. SECTION 10-222 MALICIOUS MISCHIEF Malicious mischief is hereby defined as any injury or destruction done to the property of another person and prompted by malice or hatred toward another or an injury or destruction done to the property of another in wanton and malicious manner. Malicious mischief is an offense. CHAPTER 3 OFFENSES AGAINST THE PUBLIC Section 10-301 Disturbing the Peace Section 10-302 Insulting Signs, Literature or Language Section 10-303 Literature or Language Ridiculing Religion Section 10-304 Fireworks Prohibited Section 10-305 Storing or Keeping Explosives Section 10-306 Carrying Weapons and Exceptions; Transporting Concealed Handgun Section 10-307 Display of Guns Unlawful Section 10-308 Indoor Air Rifles and Archery Ranges Permitted Section 10-309 Discharging Weapons; Throwing Missiles Section 10-310 Reckless Conduct Section 10-311 Repealed Ordinance 1170 Section 10-312 Repealed Ordinance 1170 Section 10-313 Political Advertising on Rights of Way Section 10-314 Remaining on School Property SECTION 10-301 DISTURBING THE PEACE A. It is unlawful to disturb or alarm the peace of another or others by doing any of the acts set out in Subsection B of this section. B. Disturbing the peace is the doing of any of the following in such a manner as would foreseeably alarm or disturb the peace of another or others: 1. Using obscene, offensive, abusive, profane, vulgar, threatening, violent or insulting language or conduct; 2. Appearing in an intoxicated condition; 3. Engaging in a fistic encounter; 4. Pointing any pistol or any other deadly weapon, whether loaded or not, at any other person or persons either in anger or otherwise; 5. Holding an unlawful assembly of two (2) or more persons, including being assembled together and acting in concert, to do any unlawful act against the peace or to the terror of others or preparing for or moving toward such acts, or otherwise assembling unlawfully or riotously; 6. Interrupting any lawful assembly of people by making noise, by rude, indecent or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of assembly or within hearing distance thereof; 7. Making unnecessarily loud, offensive noises; 8. Disturbing any congregation or assembly of persons meeting for religious worship by making noise, by rude, indecent or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of worship or within hearing distance thereof; or 9. Committing any other act in such a manner as to unreasonably disturb or alarm the public. (Ord 984, 4/18/11) SECTION 10-302 INSULTING SIGNS, LITERATURE OR LANGUAGE A. It is unlawful for any person, firm or corporation within the city to display any sign, emblem, badge, flag or device, which in its common acceptance is insulting, profane, or abusive to the citizens of the city, and which is calculated, or of which the natural consequence is, to cause a breach of the peace or an assault. B. It is unlawful for any person to willfully use, utter, publish, circulate or distribute any profane, violent, abusive, or insulting language or literature where: 1. A natural consequence of the language or literature is to cause a breach of the peace or an assault; or 2. The language or literature, in its common acceptance, is calculated to cause a breach of the peace or an assault. SECTION 10-303 LITERATURE OR LANGUAGE RIDICULING RELIGION It is unlawful for any person to utter, publish, distribute or circulate any literature or language within the corporate limits of the city that casts profane ridicule on any deity, or any religion, which in its common acceptance is calculated or where the natural consequence is to cause a breach of the peace or an assault. SECTION 10-304 FIREWORKS PROHIBITED A. Except as provided in Subsection B of this section, the sale, use, display, firing, igniting, lighting or discharge of fireworks within the city is unlawful and an offense. B. The following are exceptions to the prohibitions in Subsection A: 1. The firing, igniting or lighting of the following are exempt from the prohibition contained in Subsection A of this section: sparklers, fountains, pinwheels and all such types of fireworks that are not explosive or noise making in character and are stationary. Not included in this exception are Roman candles, bottle rockets and sky rockets; 2. The city manager may, for the common good, approve a public display of fireworks within the city. The public display of fireworks must meet each of the following requirements: a. The group organizing the event and igniting the fireworks must obtain the city manager’s specific approval for the event; b. The use, display, firing, ignition, lighting and discharge of the fireworks must be done in the presence of an authorized representative of the city fire department; and c. The group(s) organizing the event and igniting the fireworks must indemnify and hold the city harmless for any damage caused by the event and provide an insurance policy, with the city named as an insured, covering and protecting the city from liability to the extent it is not immune by state law. (Ord. 354, 7/1/86; 1102, 4/18/17) State Law Reference: Bottle rockets prohibited by state law, 68 O.S. Section 1624; State fireworks licenses, 68 O.S. Sections 1621 et seq.; municipal power to regulate, 11 O.S. Section 22- 110. SECTION 10-305 STORING OR KEEPING EXPLOSIVES It is unlawful for any person to store or keep within the city any nitroglycerin, dynamite, gunpowder, or any other highly explosive material or substance, except that gunpowder may be kept in quantities of not to exceed five (5) pounds where the same is securely kept. SECTION 10-306 CARRYING WEAPONS AND EXCEPTIONS; TRANSPORTING CONCEALED HANDGUN A. It is unlawful for any person, except those persons authorized by law, to carry upon or about their persons or in their vehicles any weapon of the kind usually known as slingshot, bowie knife, dirk knife, switchblade knife, spring-type knife, knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, excluding firearms, the carrying of which is governed by State law. B.Any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid concealed handgun permit authorized by the Oklahoma Self-Defense Act or a valid license from another state, whether the loaded firearm is concealed or open in the vehicle, shall be issued a traffic citation in the amount specified by state law,plus court costs, for transporting a firearm improperly. In addition to the traffic citation provided in this ordinance, the person may additionally be arrested for any other violation of law. C.When the arresting officer determines that a valid handgun license exists, pursuant to the Oklahoma Self-Defense Act or any provision of law from another state, for any person in the stopped vehicle, any firearms permitted to be carried pursuant to the license shall not be confiscated unless: 1.The person is arrested for violating another provision of law other than that set forth in subsection (B) of this ordinance; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charges are dismissed or the person is acquitted, the weapon shall be returned to the person. 2.The officer has probable cause to believe the weapon is: a.contraband; or b.a firearm used in the commission of a crime other than a violation of subsection (B) of this ordinance. c.Nothing in this section shall be construed to require confiscation of any firearm. (Ord. No. 854, 04/18/06; 984, 4/18/11) SECTION 10-307 DISPLAY OF GUNS UNLAWFUL - REPEALED (Ord. 853, 04/18/2006) SECTION 10-308 INDOOR AIR RIFLES AND ARCHERY RANGES PERMITTED A. The use of indoor air rifle and archery ranges shall not be unlawful in the City of Owasso provided that the following specifications are met by each person or person(s) engaged in the use of an indoor air rifle or archery equipment on a range: 1. Facility must be designed in such a manner as to provide for complete containment of the projectile. 2. Only arrows with “field tips” are permitted. “Broadheads” are prohibited. 3. Facility must be designed to include a backstop capable of stopping the projectile being fired. B. The Chief of Police, or any other police officer of the City of Owasso, is hereby authorized to seize, remove or destroy any air rifle, air pistol or similar instrument in which the propelling force is a spring or air, which is possessed, operated or used in any manner not in conformity with the specifications set forth in section (A) of this ordinance, or is used in any manner which violates any other section within this chapter. C. The City Manager shall from time to time promulgate additional Rules and Regulations governing the use of indoor air rifle and archery ranges as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council in writing of the proposed Rules and Regulations, and shall require that the exact language of the proposal be attached to the notice. The notice sent to the City Council shall be placed on the Consent Agenda of a City Council meeting. Publication of the notice on the Consent Agenda shall serve as acknowledgement of Council receipt of the proposed change(s). Upon notification to the City Council, and for a period of thirty (30) days thereafter, the proposed Rules and Regulations shall lay open and shall be subject to City Council action to disapprove either in whole or in part. If the City Council fails to take action to disapprove the proposed Rules and Regulations within the thirty (30) day period, such Rules and Regulations shall be deemed to have the force and effect of law. (Ord. No. 928, 9/16/08) SECTION 10-309 DISCHARGING WEAPONS; THROWING MISSILES It is unlawful for any person, except a duly commissioned police officer or civilian in the presence and under the direction of duly commissioned police officers of the City of Owasso, Oklahoma, while participating in training or tournament activities on the Owasso Police Department Firing Range, to discharge or fire any species of firearms, air pistol, air rifle, air gun, slingshot, or discharge a grenade, bomb or similar device, or other weapon, or throw any missile within the city, except when necessary for the protection of life or property in accordance with law. (Ord. No. 549, 8/17/97) State Law Reference: Discharging firearms or air rifles in public places, 21 O.S. Section 1364; authority of city to prohibit discharge of firearms, 11 O.S. Section 655. SECTION 10-310 RECKLESS CONDUCT It is unlawful for any person to engage in reckless conduct while having in his possession any shotgun, rifle or pistol, such actions consisting of creating a situation of unreasonable risk and probability of death or great bodily harm to another, and demonstrating a conscious disregard for the safety of another person. – (Ord No. 1170, 8/4/20) SECTION 10-311 REPEALED (Ord. No. 418, 8/7/90; 902, 09/4/07) SECTION 10-312 REPEALED - SECTION 10-313 POLITICAL ADVERTISING ON RIGHTS OF WAY A.A political advertising sign is defined as any sign, poster or placard printed, painted, made, or designed for the purpose of furthering or advertising the candidacy of any person who is or intends to become or may be a candidate for the election to any public office, whether such public office be in the local, state or federal government, or any subdivision thereof. B. It is unlawful for any person, firm or corporation to erect or display any advertising sign or advertising of any other character upon any public utility easement within the city. C. No person, firm or corporation shall place, tack, nail, staple or glue any advertising sign on any telephone, telegraph, electric or street lighting pole within this city. D. Any advertising sign erected, placed or displayed in violation of the provisions hereof shall be a public nuisance. No property right shall exist in such sign erected, placed or displayed in violation of the provisions hereof, and such sign may be removed and destroyed by any person. SECTION 10-314 REMAINING ON SCHOOL PROPERTY It is unlawful for any person or persons to remain upon any properties owned by or in the possession of the public school system of the city, after any such person or persons have been requested to leave and vacate the school premises by any faculty member, principal, designated school employee, or by any police officer of the city. However, it is not an offense hereunder to enter or remain upon the school properties by a person having received permission therefore from any school faculty member, principal, designated school employee, or police officer of the city. CHAPTER 4 OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS Section 10-401 Public Intoxication Section 10-401.1 Consumption of Intoxicating Substances Section 10-402 Definitions Section 10-403 Possession of Controlled Dangerous Substances Section 10-403.1 Possession of Paraphernalia Section 10-404 Prostitution and Lewd Conduct Section 10-405 Disorderly House Section 10-406 Nudity, Improper Dress, Indecent Exposure Section 10-407 Definitions; Obscenity Regulations Section 10-408 Prohibited Obscene Conduct Section 10-409 Vagrancy Prohibited for Specific Offenses Section 10-410 Curfew for Minors Section 10-411 Sleeping on the Streets, Depots Section 10-412 Begging Prohibited Section 10-413 Gambling Prohibited Section 10-414 Being About Place Where Gambling is Going On Section 10-415 Repealed – Ordinance 1162, 2/18/20 Section 10-416 False or Bogus Checks Section 10-417 Defrauding Hotels, Restaurants, and Other Service Providers Section 10-418 Interference With or Obstruct Use of Streets, Sidewalks Section 10-419 Tobacco to Minors REPEALED Section 10-420 Obscene and Harassing Telephone Calls and Other Electronic Transmissions Section 10-421 Outraging Public Decency Section 10-422 Contributing to the Delinquency of a Minor Section 10-423 Permitting or Allowing Gatherings Where Alcohol is Served to Minors Section 10-424 Embezzlement Prohibited Section 10-425 Obtaining Money by Trick or Deception, False Representation or Pretense Section 10-426 Truancy 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. (Ord No. 1160, 2/18/20) 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. (Ord No. 1160, 2/18/20) 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, ), including, but not limited to: et seq. 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; 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 substancemeans 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. (Ord No. 1161, 2/18/20) 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 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. (Ord No. 1161, 2/18/20) SECTION 10-403.1 POSSESSION OF PARAPHERNALIA 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, Any person who violates this subsection shall be et seq. 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. 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. (Ord. 984, 4/18/11; 1161, 2/18/20) SECTION 10-404 PROSTITUTION AND LEWD CONDUCT A. It is unlawful for any person to: 1. Be a prostitute; 2. Solicit, entice, or procure another to commit or engage in any act of prostitution; 3. Engage in any act of prostitution; 4. Knowingly let premises for purposes of prostitution; 5. Conduct a business or premises for prostitution; 6. Accept or receive the proceeds of any act of prostitution; or 7. Be a party to an act of prostitution or solicitation of prostitution in the city limits. B. For the purposes of this section: 1. Prostitution is the giving of the body for sexual intercourse or sodomy for hire or money; 2. Soliciting for prostitutes is the soliciting, inviting, inducing, directing, or transporting of a person to any place with the intention of promoting prostitution; and 3. Letting premises for prostitution is the granting of the right of use or the leasing of any premises, knowing that they are to be used for the practice of prostitution, or allowing the continued use of the premises with that knowledge. SECTION 10-405 DISORDERLY HOUSE A. A disorderly house means any structure or vehicle by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to any of the following acts: 1. The sale, distribution, possession or use of any controlled dangerous substance, the sale, distribution, possession or use of which is declared unlawful by state statute; 2. The violation of any of the ordinances of this city or statutes of this state regulating the sale, distribution, possession or use of alcoholic beverages including beer containing more than one-half of one percent (.5%) alcohol by volume; 3. The performance of any sexual act declared unlawful by state statute or city ordinance including, but not limited to, soliciting for purposes of prostitution; or 4. The violation of any state statute or city ordinance prohibiting gambling. B. No person shall keep or maintain, or aid, abet or assist in keeping and maintaining a disorderly house. C. No owner, lessee, lessor, or other person, partnership or corporation having control over any house, building, structure, tent, vehicle, mobile home, or recreational vehicle shall knowingly use, lease, sublease or otherwise permit the use of same for the purpose of keeping therein any disorderly house, and knowing or ascertaining that such house, building, structure, tent, vehicle, mobile home, or recreational vehicle is so occupied as a disorderly house, no persons, partnership or corporation shall continue to grant permission to so use such premises as a disorderly house. D. No person shall knowingly reside in, enter into, or remain in a disorderly house. In any prosecution for violation of this section, the city shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence. This section shall not apply to physicians or officers in the discharge of their professional or official duties. State Law Reference: Municipal power to regulate disorderly houses and indecencies, 11 O.S. Section 22-109. ro SECTION 10-406 NUDITY, IMPROPER DRESS, INDECENT EXPOSURE A. It is unlawful for any person to: 1. Appear in any public place in the city in a state of nudity; 2. Appear in any public place in the city in any offensive, indecent or lewd dress; 3. Make an indecent public exposure of his or her person. B. It is unlawful for any person to procure, counsel or assist any person to commit any of the acts in Subsection A of this section. State Law Reference: Similar provisions, 21 O.S. Section 1021. SECTION 10-407 DEFINITIONS; OBSCENITY REGULATIONS The following terms when used in the chapter shall have the meaning respectively ascribed to them in this section: 1. "Obscene" means that to the average person applying contemporary community standards: a. The predominant appeal of the matter taken as a whole, is to prurient interest; i.e. shameful or morbid interest in sexual conduct, nudity, or excretion; b. The matter depicts or describes in a patently offensive manner sexual conduct regulated by Title 21 of the Oklahoma Statutes; and c. The work, taken as a whole, lacks serious literary, artistic, political or scientific value; 2. "Material" means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical, or electrical reproduction or any other articles, equipment or machines; 3. "Person" means any individual, partnership, firm, association, corporation or other legal entity; 4. "Disseminate" means to transfer possession of, with or without consideration; 5. "Knowingly" means being aware of the character and the content of the material; 6. "Nudity" means the showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernible turgid state; 7. "Performance" means any preview, play, show, skit, film, dance or other exhibition performed before an audience; 8. "Available to the public" means that the matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance; 9. "Service to patrons" means the provision of services to paying guests in establishments providing food and beverages; including but not limited to hostessing, hat checking, cooking, bar tending, serving, table setting and clearing, waiter and waitressing, and entertaining; and 10. "Promote" means to cause, permit, procure, counsel or assist. SECTION 10-408 PROHIBITED OBSCENE CONDUCT It is unlawful for any person to: 1. Knowingly disseminate, distribute or make available to the public any obscene material; 2. Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or exhibition utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal; 3. Knowingly engage or participate in any obscene performance made available to the public; or 4. Provide service to patrons in such a manner as to expose to public view: a. His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; b. Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; c. Any portion of the female breast at or below the areola thereof; or d. Knowingly promote the commission of any of the above listed unlawful acts. SECTION 10-409 VAGRANCY PROHIBITED FOR SPECIFIC OFFENSES It is unlawful to be a vagrant in the limits of the city. For the purposes of this section, a vagrant means any person who loiters or remains in or wanders about, a public or private place for any of the following purposes: 1. For the purpose of gambling with cards, dice or other gambling paraphernalia; 2. `For the purpose of engaging in prostitution or soliciting prostitution or soliciting for an act of lewdness; 3. For the purpose of engaging in theft, or breaking and entering any building, property or automobile of another; 4. For the purpose of injuring, destroying, molesting or defacing any property of another; 5. For the purpose of assaulting any person; 6. For the purpose of begging or soliciting alms, provided that this section shall not apply to persons soliciting alms for bona fide religious, charitable or eleemosynary organizations with the authorization of such organizations; or 7. For the purpose of selling, purchasing, trading or otherwise exchanging, procuring or making available illegal drugs or contraband. State Law Reference: Power to regulate vagrancy, 11 O.S. Section 22-123. SECTION 10-410 CURFEW FOR MINORS A. For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this section: 1. "Minor" is any person under the age of eighteen (18); 2. "Parent" is the natural or adoptive parent of a minor; 3. "Guardian" is any person other than a parent who has legal guardianship of a minor; 4. "Custodian" is any person over the age of twenty-one (21) years who is in loco- parent is to a minor; and 5. Public place means any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A public place shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above. B. It is unlawful for any minor to remain, wander, stroll or play in any public place on foot or to cruise about without a set destination in any vehicle in, about or upon any public place in the city between the hours of 12:00 midnight at night and 5:00 A.M. in the morning on any day unless: 1. The minor is accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor; 2. The minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor; or 3. Where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation. C. It is unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of curfew designated in Subsection B of this section. D. It is unlawful for any parent, guardian, custodian or other adult person having custody or control of any minor to suffer or permit or by inefficient control to allow such person to be on any public place within the city between the hours of curfew designated in Subsection B of this section. The provisions of this section do not apply if: 1. The minor is accompanied by a parent, guardian, custodian or other adult person having the care, custody or control of the minor; 2. The minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor; 3. The parent, guardian or other adult person herein has made a missing person notification to the city police department; 4. Within one hour following the ending, closing, adjournment or dismissal of a meeting, service or activity of, and sponsored by, a public school, church or religious organization, which has been participated in or attended by such minor who is returning directly to his home or place of abode; or 5. When a minor has in his possession a written exemption granted by the chief of police of the city. E. The council may permit by resolution or motion procedures for advance notice or registration with the city of special events or functions sponsored by churches, schools, clubs or other organizations which require minors to be out at a later time. The council may also prescribe the procedures for taking into custody minors found in violation of this section. F. A parent, guardian or custodian, of such minor, may file a written application directed to the chief of police of the city who may grant a special exemption of enforcement of the curfew provided by this section being required as to such minor, which exemption shall not exceed five (5) consecutive days, or in the alternative, two (2) days of any week for a period not to exceed thirty (30) days. All requests shall be filed with the city clerk of the city. G. The chief of police shall have the authority to grant or reject any request for an exemption to enforcement of the curfew provided by this section or may reduce the time limit of such exemption. However, any applicant for such exemption, feeling aggrieved by the action of the chief of police, may file a request for hearing before the judge of the municipal court of the city who shall summarily hear same, and his judgment shall be final. H. Any law enforcement officer who shall witness a violation of this section may take such offender into his custody to be prosecuted for such violation, require the posting of a sufficient bond for such minor's appearance in court, or may place the minor in the custody of his or her parents or some responsible person. SECTION 10-411 SLEEPING ON THE STREETS, DEPOTS It is unlawful for any person, between the hours of 12:00 A.M. midnight and sunrise, to sleep on any street, in any other public place, or on any property of another without the express or tacit consent of the owner or person in charge of such place. SECTION 10-412 BEGGING PROHIBITED It is unlawful for any person to beg alms for any person, organization or agency except an organization or agency, public or private, whose purpose or one of whose purposes is to aid persons in need. SECTION 10-413 GAMBLING PROHIBITED A. It is unlawful for any person, firm or corporation, or agent or employee thereof, to do any of the following: 1. To play, to open or cause to be opened, or to operate, carry on or conduct, whether for hire or not, any game of faro, monte, poker, roulette, craps, any banking, percentage or other game played with dice, cards, or any device, for money, checks, chips, credit or any other thing of value; 2. To set up, operate or permit to be operated, any slot machine or other device whatsoever where money, checks, chips, credit or any other things of value are played, when the act of playing the same might result in a gain or loss to the party playing; 3. To gamble knowingly in any other manner; or 4. To knowingly permit his or its premises, houses, lot or other property to be used in connection with, or for, any act declared unlawful in this section. B. It is unlawful and an offense against the city for any person to play any roulette wheel or slot machine or any other device or machine wherein the element of chance is involved by losing or winning money, credits, checks or any other representatives of value. C. Excepted from the provisions of this section is any bingo game established and conducted lawfully in accordance with applicable state law, including 21 O.S. Sections 995.1 et seq. State Law Reference: Municipal power to prohibit gambling, 11 O.S. Section 22-108; gambling prohibited, 21 O.S. Sections 941 et seq. SECTION 10-414 REPEALED (Ord 984, 4/18/11) SECTION 10-415 REPEALED (Ord 1162, 2/18/20) SECTION 10-416 FALSE OR BOGUS CHECKS It is unlawful for any person, with intent to cheat and defraud, to obtain or attempt to obtain from any person, firm or corporation, any money, property or valuable thing of the value of Five Hundred Dollars ($500.00) or less by means of any false or bogus check or by any other written or printed or engraved instrument or spurious coin. The term "false or bogus check" shall include checks or orders given for money or property which are not honored on account of insufficient funds of the maker to pay same, as against the maker or drawer thereof. The making, drawing, issuing or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in or credit with, such bank or other depository. Such maker or drawer shall not have paid the drawee the amount due thereon, together with the protest fees, and the check or order shall be presented for payment within thirty (30) days after same is delivered and accepted. (Prior Code, Sec. 14- 39 as amended) (Ord. No. 696, 12/4/01) SECTION 10-417 DEFRAUDING HOTELS, RESTAURANTS, AND OTHER SERVICE PROVIDERS A.It shall be unlawful for any person to obtain food, lodging, services, or other accommodations at any hotel, inn, restaurant, boarding house, rooming house, motel, apartment house, apartment, rental unit, or other service provider with the intent to defraud the owner or keeper thereof, of a value less than $1,000.00. Proof that the lodging, food, services, or other accommodations were obtained by false pretense or by false or fictitious show, or that a check was given where payment was refused, or that the person left the hotel, inn, restaurant, boarding house, rooming house, motel, apartment house, apartment, rental unit, or other service provider without payment or offering to pay for such food, lodging, services or other accommodation, shall be prima facie proof of the intent to defraud. Provided that this section shall not apply where there has been an agreement in writing for delay in payment. B.Any person who violates this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500.00, or by imprisonment of not more than 60 days, or by both such fine and imprisonment. (Ord No 1162, 2/18/20) SECTION 10-418 INTERFERENCE WITH OR OBSTRUCT USE OF STREETS, SIDEWALKS A. It is unlawful for any person to: 1. Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians; or 2. Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, and regress, therein, thereon and thereto. B. When any person causes or commits any of the conditions enumerated in Subsection A of this section, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section. SECTION 10-419 REPEALED (Ord. 897, 7/17/07; 539, 2/11/97) SECTION 10-420 OBSCENE AND HARASSING TELEPHONE CALLS AND OTHER ELECTRONIC TRANSMISSIONS A.It shall be unlawful for a person to, by means of a telephone, willfully either: 1. Make any comment, request, suggestion or proposal which is obscene, lewd, filthy or indecent; 2. Make a telephone call, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death; 3. Make a telephone call, whether or not conversation ensues, without disclosing his or her identity and with the intent to annoy, abuse, threaten, or harass any person at the called number; 4. Knowingly permit any telephone under his or her control to be used for any purpose prohibited by this section; and 5. In conspiracy or concerted action with other persons, make repeated calls or simultaneous calls solely to harass any person at the called number(s). B.Use of a telephone facility under this section shall include all use made of such a facility between the points of origin and reception. Any offense under this ordinance is a continuing offense and shall be deemed to have been committed at either the place of origin or the place of reception. C. No person, through the use of any electronic method of transferring information, including, but not limited to, any computer, computer network, computer program, computer system, or cellular telephone shall post a message, including posts on the Internet or a computer network, send electronic mail, an instant message, a text message, a personal digital assistant message, or a pager message, or otherwise willfully communicate using a computer or other method of electronic information transmission with any person with an intent to annoy, abuse, threaten or harass such person. Neither shall any person make any suggestion or communication using an electronic method of transferring or posting information which is obscene, lewd, filthy or indecent, or with any intent to put the person contacted in fear of physical harm or death. (Ord. 848, 04/18/2006) (State Law Reference: Obscene, Threatening or Harassing Telephone Calls-Penalty, 21 O. S. §1172.) SECTION 10-421 OUTRAGING PUBLIC DECENCY It shall be unlawful for any person to willfully and wrongfully commit any act which grossly injures the person or property of another, or which grossly disturbs the public peace or health, or which openly outrages public decency, and is injurious to public morals. (Ord. 852, 04/18/2006) (State Law Reference: Acts Resulting in Gross Injury, 21 O. S. §22.) SECTION 10-422 CONTRIBUTING TO THE DELINQUENCY OF A MINOR It shall be unlawful for any parent or other adult person to knowingly and willfully: A.Cause, aid, abet or encourage a minor to be, to remain, or to become, delinquent, in need of supervision, or dependent and neglected, or, B.To omit the performance of any duty, which act or omission causes or tends to cause, aid, abet or encourage any minor to be delinquent, in need of supervision, or dependent and neglected, within the purview of the Oklahoma Children’s Code, or the Oklahoma Juvenile Code of the State of Oklahoma, or any applicable ordinance of the Owasso Municipal Code. (Ord. 850, 04/18/2006) (State Law Reference: Parent-Causing Delinquency-Punishment, 21 O. S. §858.1; Other Person Aiding in Delinquency of Minor-Penalty, 21 O. S. §858.3) SECTION 10-423 PERMITTING OR ALLOWING GATHERINGS WHERE ALCOHOL IS SERVED TO MINORS 1. For the purposes of Section 10-423, the following definitions shall apply: “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. “Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one (1) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. This term includes intoxicating beverages and low point beer as defined herein. “Gathering” is a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity. “Legal Guardian” means (1) a person who, by court order, is the guardian of a minor; or, (2) a public or private agency with whom a minor has been placed by the court. “Minor” means any person under twenty-one (21) years of age. “Parent” means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person. “Premises” means any residence or other private property, place or premises, including any commercial or business premises. 2. Consumption of Alcohol by Minor in Public Place, Place Open to Public, or Place Not Open to Public. A. Except as permitted by state law, it is unlawful for any minor to: (1) consume any alcoholic beverage at any public place or any place open to the public; (2) consume any alcoholic beverage at any place not open to the public, unless that minor is being supervised by his or her parent or legal guardian, or is participating in a religious service with a parent or guardian; or (3) host, permit, or allow a party, gathering, or event where minors consuming alcoholic beverages are permitted: (a) It is unlawful for any person having control of any premises to host, permit, or allow a gathering to take place and to allow any minor to consume an alcoholic beverage while present at said gathering. Reasonable steps to prevent the consumption of alcohol by a minor at such a gathering must be taken, and include: limiting access to alcoholic beverages at the gathering, controlling the quantity of alcoholic beverages present at the gathering, verifying the age of persons attending the gathering by inspecting drivers’ licenses or other government-issued identification cards, and supervising the activities of minors at the gathering. (b) This Section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian. (Ord. No. 899, 8/21/07) SECTION 10-424 EMBEZZLEMENT PROHIBITED A.It shall be unlawful for any person to knowingly embezzle money, property, or anything of value from any other person, corporation or legal entity. Any person who commits embezzlement 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.Embezzlement is defined as the fraudulent appropriation of money or property of value less than $1,000.00, owned by any person, corporation or legal entity, for any use or purpose not intended or authorized by its owner, or the concealment of the property with the fraudulent intent to appropriate it to such use or purpose. Embezzlement does not require a distinct act of taking, but only a fraudulent concealment, appropriation, conversion, or use of the property. (Ord. 890, 4/17/07; 1162, 2/18/20) SECTION 10-425 OBTAINING PROPERTY BY TRICK OR DECEPTION, FALSE REPRESENTATION, OR PRETENSE A. It shall be unlawful for any person, with the intent to cheat and defraud, to obtain or attempt to obtain from any person, firm, or corporation any money, property or valuable thing, of a value less than $1,000.00, by means or by use of any trick or deception, or false or fraudulent representation or statement or pretense, or by any other means or instruments or device commonly called the “confidence game,” or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin. B. Any person who violates this section 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. (Ord. 889, 4/17/07; 1162, 2/18/20) SECTION 10-426 TRUANCY A.It shall be unlawful for any child who is over the age of twelve (12) years and under the age of eighteen (18) years, and who has not finished four (4) years of high school work, to neglect or refuse to attend and comply with the rules of some public, private or other school, or receive an education by other means for the full term the schools of the district are in session; provided, that this section shall not apply if any child: (1)Is prevented from attending school by reason of mental or physical ability, to be determined by the Board of Education of the district upon a certificate of the school physician or public health physician or, if no such physician is available, a duly licensed and practicing physician; (2) Is excused from attendance at school, due to an emergency, by the principal teacher of the school in which the child is enrolled, at the request of the parent, guardian, custodian or other person having control of such child; (3)Who has attained his or her sixteenth birthday is excused from attending school by the school administrator in the school district where the child attends school, and the parent, guardian or custodian of the child unless and until it has been determined that such action is for the best interest of the child and/or the community, and that such child shall thereafter be under the supervision of the parent, guardian or custodian until the child has reached the age of eighteen. B.Any child under the age of eighteen (18) years who has been deemed truant by the school administrator in the school district where the child attends school shall be subject to citation by a law enforcement officer. A citation for truancy shall require a mandatory appearance in Municipal Court by the child. A parent, guardian or custodian shall also appear in Municipal Court with the child. CHAPTER 5 OFFENSES AGAINST PERSONS Section 10-501 Assault and Battery Prohibited Section 10-502 Lawful Use of Force SECTION 10-501 ASSAULT AND BATTERY PROHIBITED A. It is unlawful to commit an assault or an assault and battery within the city. B. For the purposes of this section, an assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another. A battery is any willful and unlawful use of force or violence upon the person of another. State Law Reference: Similar provisions, 21 O.S. Sections 641, 642, 644. SECTION 10-502 LAWFUL USE OF FORCE To use or to attempt to offer to use force upon or toward the person of another is not unlawful in the city in the following cases: 1. When necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting him or acting by his direction; 2. When necessarily committed by any person in arresting one who has committed any felony, and delivering him to a public officer competent to receive him in custody; 3. When committed either by the party about to be injured, or by any other person in his aid or defense, in preventing or attempting to prevent an offense against his person, or any trespass or other unlawful interference with real or personal property in his lawful possession; provided the force used is not more than sufficient to prevent such offense, and that the same shall be necessary for the self-defense of his person or property; 4. When committed by a parent or authorized agent of any parent, or by any guardian, master or teacher, in the exercise of a lawful authority to restrain or correct his child, ward, apprentice or scholar, provided restraint or correction has been rendered necessary by the misconduct of such child, ward, apprentice or scholar, or by his refusal to obey the lawful command of such parent or authorized agent or guardian, master or teacher, and the force used is reasonable in manner and moderate in degree; 5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them at their request, in expelling from any carriage, interurban car, vessel or other vehicle, any passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is sufficient to expel the offending passenger, with a reasonable regard to his personal safety; and 6. When committed by any person in preventing a person who is impaired by reason of mental retardation or developmental disability as defined by the Oklahoma Statutes, a mentally ill person, insane person or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to such person's self or to another, or enforcing such restraint as is necessary for the protection of the person or for restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of the person. (Ord 984, 4/18/11) State Law Reference: 21 O.S. §643. CHAPTER 6 OFFENSES AGAINST PUBLIC AUTHORITY Section 10-601 False Alarms Section 10-602 Removal of Barricades Section 10-603 Rescuing Prisoners Section 10-604 Escape of Prisoners Section 10-605 Assisting Escape of Prisoners Section 10-606 Unlawful Communication with Prisoners Section 10-607 Eluding Police Officer Section 10-608 Impersonating an Officer or Employee Section 10-609 False Representation to an Officer Section 10-610 Refusing or Failing to Assist an Officer Section 10-611 Assault or Battery upon Police or other Law Officer Section 10-612 Resisting Public Officer Section 10-613 Interference Section 10-614 Obstruction SECTION 10-601 FALSE ALARMS It is unlawful for any person to turn in a false alarm of any nature or in any manner to deceive or attempt to deceive the fire department, police department, emergency medical services, or any officer or employee thereof with reference to any fire alarm or reported fire, accident or other emergency or knowingly to cause the fire department, police department, emergency medical services, or its officers or employees to make a useless or unnecessary run to any part of the city or outside the city. (Ord. No. 963, 3/16/10) SECTION 10-602 REMOVAL OF BARRICADES It is unlawful for any person, except by proper authority, to remove any barricade or obstruction placed by authority of the city to keep traffic off any pavement, street, curb, sidewalk or other area. (Ord. No. 963, 3/16/10) SECTION 10-603 RESCUING PRISONERS It is unlawful for any person, by use of force or in any other illegal manner, to set at liberty, rescue or attempt to set at liberty, any prisoner from any officer or employee of the city having legal custody of such prisoner or from the city jail or other place of confinement by the city. It is unlawful to assist such prisoner in any manner to escape from such prison or custody either before or after conviction, including escape from a vehicle of confinement. (Ord. No. 963, 3/16/10) SECTION 10-604 ESCAPE OF PRISONERS It is unlawful for any person confined in the city jail or other place of confinement by the city, or working upon the streets or other public places of the city in pursuance of any judgment, or otherwise held in legal custody by authority of the city, to break or attempt to break from any such jail, prison or custody, or to escape or attempt to escape therefrom. (Ord. No. 963, 3/16/10) SECTION 10-605 ASSISTING ESCAPE OF PRISONERS A. It is unlawful for any person, by use of force or in any other illegal manner, to set at liberty, rescue, or attempt to set at liberty or rescue, any prisoner from any officer or employee of the city having legal custody of such prisoner or from the city jail or other place of confinement by the city. B. It is unlawful for any person to convey into the city jail or other city prison any instrument or other thing useful to facilitate the escape of any prisoner therein, or to give any such instrument or thing to a prisoner in custody or in prison, whether such escape is effected or attempted or not. (Ord. 963, 3/16/10) State Law Reference: Similar provisions, 21 O.S. 1971, Sections 437, 441, 521. SECTION 10-606 UNLAWFUL COMMUNICATION WITH PRISONERS It is unlawful for any person to loiter about the city jail or any other city prison with intent to communicate unlawfully with any prisoner confined therein, or to communicate or attempt to communicate unlawfully with any prisoner confined in such jail or prison or held in legal custody. (Ord. 963, 3/16/10) SECTION 10-607 ELUDING POLICE OFFICER It is unlawful for any operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a police officer driving a motor vehicle showing the same to be an official police car, directing the operator to bring his vehicle to a stop, and who willfully increases his speed or extinguishes his lights in an attempt to elude such police officer, or who does elude such police officer. (Ord. 963, 3/16/10) SECTION 10-608 IMPERSONATING AN OFFICER OR EMPLOYEE It is unlawful for any person to impersonate any officer or employee of the city, falsely represent himself to be an officer or employee of the city, or exercise or attempt to exercise any of the duties, functions or powers of an officer or employee of the city without being duly authorized to do so. (Ord. 963, 3/16/10) State Law Reference: Impersonating public officers, 21 O.S. Section 1533. SECTION 10-609 FALSE REPRESENTATION TO AN OFFICER It is unlawful for any person, firm or corporation, or any agent or employee thereof, knowingly to make any material misrepresentation to any officer, employee or agency of the city government in any official application to, or official dealing or negotiation with, such officer or agency; or to commit perjury before any tribunal or officer of the city. (Ord. 963, 3/16/10) SECTION 10-610 REFUSING OR FAILING TO ASSIST AN OFFICER A. An officer of the city making or about to make an arrest, or executing or about to execute a warrant or other process, in accordance with the ordinances of the city or with state or federal law, or suppressing or about to suppress a riot, affray or unlawful assembly, may call upon person or persons to assist him in making such arrest, executing such process or suppressing such riot, affray or unlawful assembly. B. It is unlawful for any person lawfully called upon thus to assist an officer of the city to refuse or fail to do so. (Ord. 963, 3/16/10) SECTION 10-611 ASSAULT OR BATTERY UPON POLICE OR OTHER LAW OFFICER It is unlawful for any person, without justifiable or excusable cause, to knowingly commit any assault, battery or assault and battery upon the person of a police officer or other officer of the law while in the performance of his duties. (Ord. 963, 3/16/10) SECTION 10-612 RESISTING A PUBLIC OFFICER It shall be unlawful for any person to knowingly resist, by the use of force or violence, any public officer in the performance of the public officer’s duties. (Ord No. 963, 3/16/10) (* former resisting public officials repealed by Ord. 966 3/16/10) SECTION 10-613 INTERFERENCE It shall be unlawful for any person to willfully interfere in such a way as to deter any police officer during the officer’s contact with or arrest of another person. (Ord. 964, 3/16/10) SECTION 10-614 OBSTRUCTION It shall be unlawful for any person willfully delay or obstruct any public officer in the discharge of the public officer’s duties. (Ord. 965, 3/16/10) CHAPTER 7 PENALTIES Section 10-701 General Penalties SECTION 10-701 GENERAL PENALTIES Any violation of the provisions of this part is punishable by fine or imprisonment as provided in Section 1-108 of this code. CHAPTER 8 ALARMS Section 10-801 Legislative Intent Section 10-802 Definitions Section 10-803 Alarm Registration Required Section 10-804 Length of Audible Signal Section 10-805 Responsibilities of Police Alarm User Section 10-806 Right of Inspection Section 10-807 False Alarms Section 10-808 Appeals Process SECTION 10-801 LEGISLATIVE INTENT The purpose of this chapter is to reduce the frequency of false alarms and to provide the police department with current alarm user contact information by establishing standards and controls for various types of alarm devices. SECTION 10-802 DEFINITIONS The following terms used in this chapter have the following meanings unless the context clearly indicates otherwise: "Alarm" means any activation of a Police Alarm Device. “Alarm Administrator” means the person or third-party business entity designated by the chief of police to administer the alarm program and to levy fees pursuant to this chapter. “Alarm Appeals Administrator” means the person or entity designated by the chief of police to hear appeals to fees assessed against alarm users for false alarms. "Alarm Business" or "Alarm Provider" means a person or company in the business of installing, servicing, or monitoring Police Alarm Devices at remote Alarm Sites owned by other persons. “Alarm Dispatch Request” means the initiation of communications to the police, via police dispatch, by an Alarm Business indicating that a Police Alarm Device has been activated at an Alarm Site and requesting the police department to respond. “Alarm Response” means police personnel were subject to an Alarm Dispatch Request. “Alarm Site” (also “security alarm site”) means a structure or portion thereof served by a single security alarm system (a “fixed” alarm site). In a multi-tenant building or complex, each portion of the structure or complex having its own security alarm system is considered a separate Alarm Site. “Alarm User” means any person, firm, partnership, corporation or other entity who (which): 1. Controls a Police Alarm Device at an Alarm Site; 2. Is named on the alarm registration; and 3. Is financially responsible for the operation of a Police Alarm Device. As used in this chapter, the term “Alarm User” may mean more than one person, if more than one person is listed on the registration and has accepted financial responsibility for operation of a Police Alarm Device. Persons with Self-monitored Police Alarm Devices, not connected to an Alarm Business, are not considered Alarm Users and are not subject to registration. "Audible Alarm" means any Police Alarm Device designed to produce an audible signal at the property where it is installed. “Cancellation” or “Cancelled” means a cancellation signal is received indicating a valid user has disarmed the alarm and/or voice verification has been received by the Alarm Provider and communicated to the Police Department prior to the arrival of police personnel at the Alarm Site. Cancelled alarms are not subject to a False Alarm Fee. “Commercial” means any business, individual, industrial, retailer, or any other nonresidential Alarm Site. “Failure to Register Fee” means a fee, assessed upon an Alarm User, for failure to register and pay the appropriate Annual Alarm Registration Fee for an Alarm Site which has been subject to an Alarm Response. “False Alarm” means any Alarm Response that is not triggered by criminal or suspicious activity. Alarms triggered by faulty equipment, human error, animals, etc. are all considered to be false alarms for the purposes of this section. “False Alarm Fee” means a fee, assessed upon an Alarm User, for a False Alarm occurring from their Police Alarm Device and their Alarm Site which resulted in police response and was not cancelled prior to police arrival. “Genuine Alarm” means any Alarm Response which was triggered by criminal or suspicious activity. “Government” means the United States Government or the State of Oklahoma or any political subdivision of the state or any agency of a political subdivision of the state. “Hold Up” or “Panic Alarm” means an Alarm which is manually activated by a user and intended to signal a potentially life threatening emergency such as a robbery, home invasion or other event where a user is at the scene of the Alarm. “Intrusion Alarm” means an Alarm which is activated via sensors indicating entry into a secure area such as a glass break, motion detector, or contact sensor on a window, door, etc. “No-Fee Alarm” means an Alarm which is determined by a police patrol supervisor to be free from False Alarm Fees due to compelling circumstances as determined by the responding officer. The Chief of Police or the Chief’s designee may also designate that an alarm be classified as a No-Fee Alarm. "Police Alarm Device" means any device that is designed or used to signal the occurrence of a burglary, robbery, or other criminal offense. This term does not include an alarm affixed to an automobile nor does it include fire alarms or medical emergency alarms. “Registered Alarm” means an Alarm Site that has been duly documented and reported to the city and for which the appropriate Annual Alarm Registration Fee has been paid. “Residential” means any property designed and used principally for single-family or multi-family purposes. SECTION 10-803 ALARM REGISTRATION REQUIRED A. No Alarm User shall operate, or cause to be operated a Police Alarm Device at any Alarm Site without a valid, Registered Alarm. A separate alarm registration is required for each Alarm Site. B. Alarm registrations must be renewed annually and will be valid for one year from the date of registration. C. The schedule of fees for Annual Alarm Registrations and Failure to Register for Residential, Commercial, and Governmental Alarm Sites shall be determined by the City Council. D. Government Alarm Sites are exempt from Annual Registration Fees. SECTION 10-804 LENGTH OF AUDIBLE SIGNAL Audible Alarm signals must terminate within ten minutes from the time activated. Operation of an alarm that does not automatically terminate the audible signal within ten minutes shall be a violation of applicable noise ordinances and shall be subject to penalty. SECTION 10-805 RESPONSIBLITIES OF POLICE ALARM USER Every Alarm User shall: 1. Inspect, maintain, and repair a Police Alarm Device to insure its proper operation. 2. Educate and train all employees and other persons who may in the course of their activities be in a position to accidentally activate a Police Alarm Device. 3. Assure that a responsible person responds to every activation of a Police Alarm Device within twenty minutes after being requested to respond by the City’s police communications center. 4. Ensure that their Alarm Provider attempts to verify any Intrusion Alarm with the Alarm User prior to making an Alarm Dispatch Request to the Police Department. The Alarm User shall provide their Alarm Provider with at least two contact telephone numbers for verification. SECTION 10-806 RIGHT OF INSPECTION The Chief of Police, or designee, may inspect any Police Alarm Device at any Commercial or Governmental Alarm Site in the presence of the property owner, following notification to the property owner no less than twenty-four (24) hours prior to the inspection, to determine whether the alarm device is being used in conformity with the provisions of this chapter. SECTION 10-807 FALSE ALARMS A.Every False Alarm response which has not been cancelled prior to the arrival of a police officer may be subject to a False Alarm Fee. B.Police patrol supervisors, the Chief of Police or those designated by the Chief of Police, may, utilizing their professional good judgment, classify an alarm as a No-Fee Alarm based on exigent circumstances beyond the control of the Alarm User, in order to prevent excessive fees for the Alarm User or to prevent a strain on public safety resources. A patrol supervisor may determine that an Alarm Site be temporarily suspended from alarm response in the event an alarm will not reset or for other repeating false alarm situations. C.False Alarm responses to Alarm Sites that do not have a current alarm registration shall be subject to an additional fee for Failure to Register. D.False Alarm Fees shall be on an escalating fee schedule based on the number of False Alarms during the registration year. E.False Alarm responses to Hold Up or Panic Alarms shall be subject to a fee greater than Intrusion Alarms due to the heightened level of response to such alarms. F.The Alarm Administrator will be authorized to bill the Alarm Users on behalf of the city for all fees accrued due to violations of alarm ordinances. G.The schedule of fees for False Alarm Response to Residential, Commercial, and Governmental registered and non-registered Alarm Sites shall be determined by the City Council. (* See Council Resolution 2017-10) SECTION 10-808 APPEALS PROCESS Failure to Register Fees are not subject to appeal. A False Alarm Response Fee may be appealed to the Alarm Appeals Administrator as follows: A. The appeal process is initiated by the Alarm User sending an appeal notice to the Alarm Appeals Administrator requesting that the False Alarm Fees be waived, and specifying the reasons for the appeal. 1.This appeal notice must be received by the Alarm Appeals Administrator within twenty-one (21) days after the postmarked date or email date of the initial invoice to the alarm user. 2.False Alarm Response Fees may be appealed on the grounds that the incident cited as the basis for the service fee was, in fact, a Genuine Alarm response. 3.The False Alarm Fee may be waived if the appellant can provide detailed, credible evidence that supports the contention that the involved incident was a Genuine Alarm or can provide documentation that the alarm was the result of a compelling circumstance and should be classified as a No-Fee Alarm. B. Appeal decisions of the Alarm Appeals Administrator are subject to review and approval by the City Manager. The City Manager’s decision is final and no further appeals or remedies are available. If the amount of the fee is affirmed or modified, that amount becomes due and payable. (Ord. 902, 9/04/07 - repealed by Ord. 1103, 7/5/17) CHAPTER 9 SMOKING AND TOBACCO Section 10-901 Tobacco to Minors-Definitions Section 10-902 Furnishing, Giving, or Sale of Tobacco or Vapor Products to Minors Section 10-903 Receipt of Tobacco or Vapor Products by a Minor Section 10-904 Proper Signage Required Section 10-905 Notice to Retail Employees Section 10-096 Limited Access to Vending Machines Section 10-907 Distribution of Tobacco Product Samples Section 10-908 Sale of Tobacco Products Except in Original Sealed Package Section 10-909 No Public Access to Tobacco Section 10-910 Restrictions on Manner of Enforcement Section 10-911 Transfer of any Material or Device Used in Smoking, Chewing or Consumption of Tobacco to Minors Prohibited-Administrative Fine for Violations Section 10-912 Smoking in Certain Public Places Prohibited Section 10-913 Tobacco use in City Parks Prohibited SECTION 10-901TOBACCO 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. (Ord. 897, 7/17/07; 1066, 12/15/15) 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, 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 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 vaporproducts 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. (Ord. 897, 7/17/07; 1066,12/15/15) 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. (Ord. 897, 7/17/07; 1066, 12/15/15) SECTION 10-904PROPER SIGNAGE REQUIRED A. Every person who sells or displays tobacco products at retail shall post conspicuously and keep so posted at the place of business a sign, as specified by the Alcoholic Beverage Laws Enforcement (ABLE) Commission, stating the following: “IT’S THE LAW. WE DO NOT SELL TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE”. The sign shall also provide the toll-free number operated by the Alcoholic Beverage Laws Enforcement (ABLE) Commission for the purpose of reporting violations of the Prevention of Youth Access to Tobacco Act. 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 not more than Fifty Dollars ($50.00) for each day a violation occurs. Each day a violation is continuing shall constitute a separate offense. The notice required by subsection A of this section shall be the only notice required to be posted or maintained in any store that sells tobacco products at retail. (Ord. 897, 7/17/07) SECTION 10-905NOTICE TO RETAIL EMPLOYEES A. Every person engaged in the business of selling tobacco products at retail store shall notify each individual employed by that person as a retail sales clerk that state and local law: 1. Prohibits the sale or distribution of tobacco products to any person under eighteen (18) years of age and the purchase or receipt of tobacco products by any person under eighteen (18) years of age; and 2. Requires that proof of age be demanded from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be less than eighteen (18) years of age. B. This notice shall be provided before the individual commences work as a retail sales clerk. The individual shall signify that he or she has received the requisite notice by reading and signing a notice stating the following: "I understand that state law prohibits the sale or distribution of tobacco products to persons less than eighteen (18) years of age and out-of-package sales, and requires proof of age of purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under eighteen (18) years of age. I promise, as a condition of my employment, to obey the law. I understand that violations by me may be punishable by fines, suspension or non-issuance of my driver license. In addition, I understand that violations by me may subject the storeowner to fines or license suspension." (Ord. 897, 7/17/07) SECTION 10-906LIMITED ACCESS TO VENDING MACHINES It shall be unlawful for any person to sell tobacco products through a vending machine unless the vending machine is located: 1. In areas of factories, businesses, offices or other places that are not open to the public; 2. In places that are open to the public, but to which persons under eighteen (18) years of age are not admitted. (Ord. 897, 7/17/07) SECTION 10-907DISTRIBUTION OF TOBACCO PRODUCT SAMPLES A. It shall be unlawful for any person or retailer to distribute tobacco products or product samples to any person under eighteen (18) years of age. B. No person shall distribute tobacco products or product samples in or on any public street, sidewalk, or park that is within three hundred (300) feet of any playground, school, or other facility when the facility is being used primarily by persons under eighteen (18) years of age. C. When a person violates any provision of 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 of: 1. Not more than One Hundred Dollars ($100.00) for the first offense; 2. Not more than Two Hundred Dollars ($200.00) for the second offense; and 3. Not more than Three Hundred Dollars ($300.00) for a third or subsequent offense. D. Upon failure of any individual to pay an administrative fine within ninety (90) days of the assessment of such fine, the Municipal Court clerk shall notify the Department of Public Safety, and the Department, pursuant to State law, shall suspend or not issue a driver’s license to the individual until proof of payment has been furnished to the Department of Public Safety. (Ord. 897, 7/17/07) SECTION 10-908 SALE OF TOBACCO PRODUCTS EXCEPT IN ORIGINAL SEALED PACKAGE A. It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer. B. When a person violates subsection A of this section, the Municipal Court clerk shall assess such person an administrative fine of not more than Two Hundred Dollars ($200.00) for each offense. (Ord. 897, 7/17/07) SECTION 10-909 NO PUBLIC ACCESS OF TOBACCO A. It is unlawful for any person or retail store to display or offer for sale tobacco products in any manner that allows public access to the tobacco product without assistance from the person displaying the tobacco product or an employee or the owner of the store. The provisions of this subsection shall not apply to retail stores which do not admit into the store persons under eighteen (18) years of age. 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 not more than Two Hundred Dollars ($200.00) for each offense. (Ord. 897, 7/17/07) SECTION 10-910 RESTRICTIONS ON MANNER OF ENFORCEMENT A. Any conviction for a violation of any section within this chapter and any negative results from compliance checks performed by a police officer pursuant to subsection C of this section shall be reported in writing to the ABLE Commission within thirty (30) days of such conviction or compliance check. Such reports shall be compiled in the manner prescribed by the ABLE Commission. B. For the purpose of determining second or subsequent violations, both the offenses penalized by the ABLE Commission as administrative fines and the offenses penalized the municipality and reported to the ABLE Commission shall be considered together in such determination. C. Persons under eighteen (18) years of age may be enlisted by the City to assist in conducting compliance checks and enforcement; provided, such persons may be used to test compliance only if written parental consent has been provided and the testing is conducted under the direct supervision of the ABLE Commission or conducted by another law enforcement agency if such agency has given written notice to the ABLE Commission in the manner prescribed by the ABLE Commission. This subsection shall not apply to the use of persons under eighteen (18) years of age to test compliance if the test is being conducted by or on behalf of a retailer of cigarettes, as defined in Section 301 of Title 68 of the Oklahoma Statutes, at any location the retailer of cigarettes is authorized to sell cigarettes. Use of persons under eighteen (18) years of age to test compliance shall be unlawful and punishable by assessment of an administrative fine of One Hundred Dollars ($100.00). (Ord. 897, 7/17/07) SECTION 10-911 TRANSFER OF ANY MATERIAL OR DEVICE USED IN SMOKING, CHEWING OR CONSUMPTION OF TOBACCO TO MINORS PROHIBITED – ADMINISTRATIVE FINE FOR VIOLATIONS A. It is unlawful for any person to sell, give or furnish in any manner to another person who is under eighteen (18) years of age any material or device used in the smoking, chewing, or other method of consumption of tobacco, including cigarette papers, pipes, holders of smoking materials of all types, and other items designed primarily for the smoking or ingestion of tobacco products. B. When a person violates subsection A of this section, an administrative fine of not more than One Hundred Dollars ($100.00) for each offense may be imposed upon the person. (Ord. 897, 7/17/07) SECTION 10-912 SMOKING IN CERTAIN PUBLIC PLACES PROHIBITED A. The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor place used by or open to the public, public transportation, or any indoor workplace, except where specifically allowed by law. As used in this section, "indoor workplace" means any indoor place of employment or employment-type service for, or at the request of, another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant, or volunteer. An indoor workplace includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor workplace at any given time, whether or not work is being performed. B. The restrictions provided in this section shall not apply to stand-alone bars, stand-alone taverns, and cigar bars as defined by Oklahoma State law in 63 O.S.2001, § 1-1522. C. The restrictions provided in this section shall not apply to the following: 1. The room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games; 2. Up to twenty-five percent (25%) of the guest rooms at a hotel or other lodging establishment; 3. Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises; 4. Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access. "Incidental public access" means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses that depend on walk-in customers for any part of their business. 5. Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access; 6. Private offices occupied exclusively by one or more smokers; 7. Workplaces within private residences, except that smoking shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation; 8. Medical research or treatment centers, if smoking is integral to the research or treatment; 9. A facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to Section 501 (c)(8), 501 (c)(10), or 501 (c)(19) of the Internal Revenue Code, 26 U.S.C., Section 501 (c)(8), 501 (c)(10), or 501 (c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations, except during an event or activity which is open to the public; and 10. Any outdoor seating area of a restaurant; provided, smoking shall not be allowed within fifteen (15) feet of any exterior public doorway or any air intake of a restaurant. D. An employer not otherwise restricted from doing so may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such a manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking room shall be located within fifteen (15) feet of any entrance, exit, or air intake. E. If smoking is to be permitted in any space exempted in subsections B or C of this section or in a smoking room pursuant to subsection D of this section, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from the smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit, or air intake. Any employer may choose a more restrictive smoking policy, including being totally smoke free. F. Restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated smoking rooms. Food and beverage may be served in such designated smoking rooms, which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is re- circulated to nonsmoking areas of the building. No exhaust from such room shall be located within twenty-five (25) feet of any entrance, exit, or air intake. Such room shall be subject to verification for compliance with the provisions of this subsection by the Oklahoma State Department of Health. G. The person who owns or operates a place where smoking or tobacco use is prohibited by law shall be responsible for posting a sign or decal, at least four (4) inches by two (2) inches in size, at each entrance of the building indicating that the place is smoke-free or tobacco- free. H. Responsibility for posting signs or decals shall be as follows: 1. In privately owned facilities, the owner or lessee, if lessee is in possession of the facilities, shall be responsible; 2. In corporately owned facilities, the manager and/or supervisor of the facility involved shall be responsible; and 3. In publicly owned facilities, the manager and/or supervisor of the facility shall be responsible. I. Any person who knowingly violates this section is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than TEN DOLLARS ($10.00) nor more than ONE HUNDRED DOLLARS ($100.00), excluding costs, fees, and assessments. (Ord. 898, 7/17/07) SECTION 10-913 TOBACCO USE IN CITY PARKS PROHIBITED A. The use of tobacco is a public nuisance, is dangerous to the health of both adults and children, and sets an unhealthy example for the City of Owasso’s youth and children. Therefore, the use of tobacco in any form is hereby prohibited in all City owned parks. The use of tobacco in any form shall also be prohibited in and around all public restrooms located in City owned parks, and in and around all parking lots adjacent to City owned parks. B. For purposes of this section, a “City owned park” shall be defined as any parcel of open land which is owned by the City of Owasso and used for recreational activities, including all walking and bicycle trails, and fields used for sporting events. However, the provisions of this ordinance shall not be applicable to the Bailey Ranch Golf Course. C. Any person who knowingly violates this section is guilty of a misdemeanor, and upon conviction thereof, shall be punished by imposition of a fine of not less than TEN DOLLARS ($10.00) nor more than TWO HUNDRED DOLLARS ($200.00), excluding costs, fees, and assessments. (Ord. 906, 11/20/07) CHAPTER 10 NOISE Section 10-1001 Loud, Disturbing Noises Prohibited Generally Section 10-1002 Measurement Section 10-1003 Sounds Impacting Residential Life Section 10-1004 Amplified Sound Section 10-1005 Permits for Additional Amplification Section 10-1006 Outdoor Amplification and Music at Commercial Establishments Section 10-1007 Permits for Large Outdoor Music Facilities Section 10-1008 Chronic Commercial and Industrial Noise Section 10-1009 Animals Section 10-1010 Motor Vehicles Section 10-1011 Enforcement and Penalties SECTION 10-1001 LOUD, DISTURBING NOISES PROHIBITED GENERALLY It shall be unlawful for any person to create or assist in creating any unreasonably loud and disturbing noise in the city. SECTION 10-1002MEASUREMENT For the purpose of determining db(A)s as referred to in this article, the noise shall be measured on the A-weighting scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute. SECTION 10-1003SOUNDS IMPACTING RESIDENTIAL LIFE A. It shall be unlawful to carry on the following activities in any residentially zoned area of the city: (1) The operation of construction machinery between the hours of 9:00 p.m. and 7:00 a.m. (2) The operation of garage machinery between the hours of 9:00 p.m. and 7:00 a.m. (3) The operation of lawn mowers and other domestic tools out-of-doors between the hours of 9:00 p.m. and 7:00 a.m. B. Any mechanical noise other than that regulated in subsection A which registers more than 80 db(A) at the nearest complainant’s property line is a violation. C. This section shall not apply to: (1) Emergency operations designed to protect the public health and safety; or (2) Work by city crews or city contractors in a right-of-way or utility easement when the department responsible for the work has determined that it is necessary to undertake the work between the hours of 9:00 p.m. and 7:00 a.m. in order to avoid unreasonably impacting the flow of traffic or to avoid unreasonably disrupting the provision of a utility service. D. For purposes of this section, “construction machinery” means equipment designed to perform construction operations, and “garage machinery” means equipment generally used to repair cars or other machinery. SECTION 10-1004AMPLIFIED SOUND A. It shall be unlawful to: (1) Operate or allow the operation of any sound amplification equipment so as to create sounds registering at or above 65 db(A), as measured anywhere within the boundary line of the nearest residentially zoned property, other than mixed-use areas. 2) Operate or allow the operation of any sound amplification equipment so as to create a ( vibration or produce a rhythmic base component of music detectible within the interior of a nearby residential structure located on residentially zoned property, other than mixeduse areas. (3) As to multifamily structures, including apartments, condominiums, or other residential arrangements where boundary lines cannot readily be determined, operate or allow the operation of any sound amplification equipment so as to create sounds registering 65 db(A), as measured from any point within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially zoned property. (4) As to multifamily structures, including apartments, condominiums, or other residential arrangements where boundary lines cannot readily be determined, operate or allow the operation of any sound amplification equipment so as to create a vibration or produce a rhythmic base component of music detectible within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially zoned property. (5) Operate or allow the operation of any sound amplification equipment in the public right-of-way, including streets or sidewalks, or in mixed-use areas with residential units, or in the public city or county controlled parks: (i) without having actual on-site possession of a permit issued by the City of Owasso; (ii) so as to produce sounds registering more than 85 db(A) ten feet or more from any electromechanical speaker; or (iii) at times other than 11:00 p.m. and 8:00 a.m. Sound amplification equipment operated pursuant to this subsection may not be located more than ten feet off the ground. In addition to the person operating or allowing the operation of sound amplification equipment in violation of this subsection, the person to whom the permit was issued must be present at the location and during the times permitted and shall be liable for any and all violations. An application for a permit pursuant to this subsection shall: (i) be submitted to the City of Owasso at least five (5) full business days before the permit time requested; and (ii) specify the proposed location of the sound amplification equipment and the date and time that the sound amplification will begin and end. Permits shall be issued on a first come, first served basis. A permit shall not be issued for a location that is within 100 feet of another location for which a permit has been issued for the same time. The use of mobile sound amplification equipment (e.g., a car radio, unless the vehicle is parked) shall be exempt from the permitting requirement of this subsection and the prohibition of (iii) in the first paragraph of this subpart, however sounds produced during the times otherwise prohibited in (iii) in the first paragraph of this subpart may not register more than 70 db(A) ten feet or more from the equipment. Sound amplification produced in conjunction with a special event permit shall be exempt from this entire subsection. B. The limitations on the operation of sound amplification equipment in subsection A of this section shall not apply to the operation of horns, sirens, or other emergency warning devices actually being used by law enforcement or public safety officials, or to the operation of sound amplification equipment regulated pursuant to section 10-1005 or in accordance with a permit issued pursuant to section 10-1006 or section 10-1007. C. The limitations on the operation of sound amplification equipment in subsection A of this section shall not apply to religious bodies playing chimes, bells, carillons, or other religious music. D. The limitations on the operation of sound amplification equipment in subsection A of this section shall not apply to events sanctioned by schools, sports organizations, and the City of Owasso. SECTION 10-1005PERMITS FOR ADDITIONAL AMPLIFICATION A. An application for a permit for additional amplification on private property Application. under this section shall be submitted to the City of Owasso at least ten (10) business days in advance of the planned use. The application shall designate and provide contact information for an individual person who shall be in control of the sound amplification equipment and ensure that its use complies with the terms of the permit. Activities regulated under subsection 1004(A)(3) and section 10-1006 shall not be eligible for an additional amplification permit under this section. B. Upon tentative approval, the applicant for a permit shall be Notice of tentative approval. responsible for giving written notice of the name, nature, date, and time period of the event, and the name of and contact information for the permit holder to the occupants of each property within 1,000 feet of the property for which the permit has been granted. The notice shall be hand delivered to each occupant or, if the occupant is unavailable, affixed to the front door of the building or business or residential unit at least 72 hours in advance of the event. The permit shall not be actually granted and issued until the applicant submits an affidavit to the City of Owasso that such notices have actually been so delivered. C. Permits for additional amplification at a property, or adjacent properties Limits on hours. under common ownership, shall be limited to 15 hours in a calendar year. Permits issued pursuant to this section may allow additional amplification only between 8:00 a.m. and 9:00 p.m. Sunday through Thursday and between 8:00 a.m. and 11:00 p.m. on Friday or Saturday. D. In no event shall a permit be granted which allows the creation of sounds Sound limits. registering more than 80 db(A) anywhere within the boundary line of the nearest residentially occupied property. E. If an applicant has been denied a permit under this Denial; issuance of exceptional permit. section and believes the denial is illegal by virtue of applicable state or federal law, they shall promptly submit a copy of the denied permit application together with a short statement of the reasons they believe they are entitled to a permit to the city manager or designee. The city manager or designee shall have the discretion to grant an exceptional permit waiving locational, time, and/or db(A) requirements, upon determination that the applicant has made a substantial showing of legal entitlement. Any such exceptional permit shall be promptly reported to the city council. F. It shall be unlawful to violate the restrictions or requirements of this section or the Violation. terms of a permit issued pursuant to this section. SECTION 10-1006OUTDOOR AMPLIFICATION AND MUSIC AT COMMERCIAL ESTABLISHMENTS A. Except in accordance with a permit issued pursuant to section 10-1007, it shall be unlawful for any commercial establishment (including but not limited to a restaurant, bar, or nightclub) to Offenses and Crimes operate or allow the operation of sound amplification equipment out of doors or directed out of doors or to allow live acoustic music out of doors or directed out of doors between 2:00 a.m. and 9:00 a.m., or in excess of 95 db(A) after 11:00 p.m., Sunday through Thursday and 2:00 a.m. on Saturday and Sunday mornings. An establishment may be cited for violating this section only if the enforcing authority determines that the sound being produced is, using a reasonable person standard and taking into consideration the day of week and time of day, unreasonably loud and disturbing to the quiet enjoyment and use of residentially occupied property. For purposes of this section, hotels, motels, other short-term accommodations shall be considered residentially occupied property. B. The decibel limits prescribed in this section shall be measured at the property line of the commercial property at which the sound is being generated. C. An establishment that has been determined to be non-cooperative pursuant to subsection 10-1008, after two (2) violations of this section within one year after having been determined to be non-cooperative shall not operate or allow the operation of sound amplification equipment out of doors or directed out of doors or allow live acoustic music out of doors or directed out of doors for a period of 18 months after the second violation. The 18-month prohibition shall apply to the establishment and the property on which the establishment is located. SECTION 10-1007PERMITS FOR LARGE OUTDOOR MUSIC FACILITIES A. For purposes of this section, a "large outdoor music facility" means a facility with a capacity of 1,000 or more persons and that offers musical entertainment at least five times a year. B. A facility that has been issued a permit pursuant to this section shall not be subject to the provisions of section 10-1006. C. It shall be unlawful for a large outdoor music facility to violate the terms of a permit issued pursuant to this section. SECTION 10-1008CHRONIC COMMERCIAL AND INDUSTRIAL NOISE A. The purpose of this section is to establish a collaborative process through which the city and a business that has been identified as a chronic source of objectionable noise (i.e., "chronic noise producer") will develop and implement a noise mitigation plan intended to bring the noise to acceptable levels. A chronic noise producer is an establishment that, because of the sound generated by or at the business, is an annoyance to adjacent or nearby residences, lodgings, schools, businesses, or other places where people may congregate with a reasonable expectation of undisturbed activity. A business may be a chronic noise producer without having violated this article. B. The Chief of Police (or designee) may designate a commercial or industrial business as a "chronic noise producer." In making such a designation, the Chief of Police shall take into consideration the following factors: (1) The number and frequency of valid noise complaints; (2) The proximity and physical relationship between the business and complaining locations; (3) The severity of sound events, both observed or measured; (4) The times and days of the week of sound events; (5) The business' history of cooperation and efforts to alleviate the problem; and Page 10-54 Offenses and Crimes (6) The history and context of the location, including whether the sound producing activity predates the occupation of the complaining locations and whether the sound producing location is located in what is generally recognized as an entertainment area. Upon designation, the Chief of Police shall inform the business that it has been designated a chronic noise producer and refer the business to the City Manager or designee along with the information that established the basis for the designation. C. Upon receiving a chronic noise producer referral, the City Manager or designee shall schedule a mandatory initial meeting with the business that it has been designated a chronic noise producer. At the initial meeting, the City Manager or designee and the business shall review the information that formed the basis for the designation and any evidence or information concerning the complained of noise provided by the business. Following the initial meeting, the City Manager or designee shall determine whether a mitigation plan is warranted. If the City Manager or designee determines that a mitigation plan is not warranted, it shall notify the business and the City Council of that determination and no further action shall be taken under this section. D. If the City Manager or designee determines that a mitigation plan is warranted, the City Manager or designee and the business shall together develop and sign a noise mitigation plan. The plan may include, among other things: (1) Restrictions on days of week or hours of noise producing activity; (2) Placement, orientation, and operation of sound producing activity or equipment; (3) Structural changes including but not limited to sound attenuation and baffling; (4) Self-monitoring and reporting requirements; (5) A schedule for implementation; and (6) A schedule for review for possible revision or termination of the plan. E. In the event that a business designated as a chronic noise producer: (i) fails or refuses to participate in good faith in the development of a noise mitigation plan; (ii) refuses to agree to a noise mitigation plan; or (iii) fails to implement or comply with an agreed to noise mitigation plan, the City Manager or designee may designate the business as non- cooperative and shall notify the business and the City Council of that determination. Should a business designated as non-cooperative cure the basis for the designation, the City Manager or designee shall remove the designation and notify the business and the City Council of that determination. F. In the event that a noise enforcement action is taken against a business that has been designated a chronic noise producer, evidence regarding the business' participation in the development and implementation of and compliance with the noise mitigation plan shall be relevant to any prosecution or administrative or judicial review or appeal of the enforcement action. Specifically, the business' participation and compliance shall be a mitigating factor and may, but is not required to be a justification for dismissing the enforcement action. G. Appeals. A business that has been designated a chronic noise producer or non-cooperative may appeal such designation within ten (10) days after receiving notice of such designation. Appeals shall be heard by the City Council. The appellant shall have the right to present evidence at said hearing. SECTION 10-1009ANIMALS It shall be unlawful for any person to own, keep or have in their possession, or harbor, any dog, other animal or bird which, by frequent or habitually howling, yelping, barking or otherwise, Page 10-55 Offenses and Crimes causes loud noises and produces seriously annoying disturbance to any person or to the neighborhood. SECTION 10-1010MOTOR VEHICLES It shall be unlawful to operate or allow the operation of any motor vehicle in the city: (1) Which has had its muffler-exhaust and/or other noise-control equipment removed, altered or maintained in such disrepair as to create unreasonably loud and disturbing noises. (2) By engaging in jackrabbit starts, spinning tires, racing engines, or other operations which create unreasonably loud and disturbing noises. (3) Off the boundaries of a public street for racing or other operations which create unreasonably loud and disturbing noises. SECTION 10-1011ENFORCEMENT AND PENALTIES Where there is a violation of any section of this chapter, the city, at its discretion, may take one or more of the following enforcement actions: (1) The violator may be charged with a misdemeanor and be subject to a $500.00 fine, plus court costs. (2) A civil action seeking an injunction and order of abatement may be directed toward any person creating or allowing the creation of any unlawful noise, including the owner or person otherwise having legal or actual control of the premises from which it emanates. (3) The violator may be assessed a $750.00 fine, plus court costs for any violation of section 10-1001 or section 10-1006 that occurs within one (1) year after the commercial establishment has been determined to be "non-cooperative" pursuant to subsection 10-1008(e). After two (2) such violations, the prohibition on sound amplification and live acoustic music established in subsection 10-1006(c) shall apply. (Ord No. 1170, 8/4/20) Page 10-56