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Home My WebLink About1200_Amend Part 15 Ch 2_accidents occuring on private propertyTulsa county Clerk - Michael Willis Doc # 2022119677 Page(s): 2 11/29/2022 2:36:53 PM Receipt # 22-76748 Fee: $20.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1200 AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 2, ENFORCEMENT, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Fifteen, Traffic and Vehicles, Chapter Two, Enforcement, Section 15- 217.1, Motor Vehicle Accidents Occurring on Private Property, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be adopted and codified as follows: SECTION 15 -217.1 MOTOR VEHICLE ACCIDENTS OCCURRING ON PRIVATE PROPERTY Police officers shall not complete a written collision report for motor vehicle accidents that occur on private property within this jurisdiction except when: 1. A personal injury or fatality is involved; 2. A driver that may be under the influence of alcohol or other intoxicating substance is involved; 3. The collision involves a vehicle that is the property of the state or a political subdivision of the state; 4. A hit - and -run is involved; 5. Prosecution or follow -up investigation is contemplated; 6. There is damage to public property; 7. Directed by a supervisor. Police officers shall provide assistance to motorists as a public service, such as exchanging information or arranging for the removal of vehicles. SECTION TWO (2): REPEALER All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Page 1 of 2 Ordinance 1200 SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION This ordinance shall be adopted and codified in Part 15, Chapter 2, as Section 15 -217.1 in the Owasso Code of Ordinances. ADOPTED by the City Council of the City of Owasso, Oklahoma on the 15th day of November, 2022. ATTEST: City Clerk and legality: Julie Lotbardi, City Attorney Page 2 of 2 Ordinance 1200 Alvan I'raj4j vice- gyor NOV 15 2022 APPROVED BY COUNCIL TO: The Honorable Mayor and City Council NOV 15 2022 FROM: Daniel Yancey Chief of Police SUBJECT: Ordinance 1200, Motor Vehicle Accidents occurring on Private Property DATE: November 10, 2022 BACKGROUND: For years, law enforcement has not had a clearly defined policy regarding working motor vehicle accidents on private property. Some officers choose to generate a report and some do not because there are very few options with respect to enforcement, meaning the "Rules of the Road" in most cases do not apply on private verses public property. For example, if someone makes an illegal turn or disobeys a stop or even speeds on private property, little can be done enforcement wise, even if the infraction causes an accident. Oklahoma State Statute Title 47 Section 10 allows Municipal Governments the authority to adopt either an ordinance or resolution regarding the response by law enforcement to motor vehicle accidents occurring on private property. State law does prescribe in certain cases where a driver is under the influence, personal injury is involved, or a vehicle that is property of a political subdivision or state is involved, law enforcement shall respond and file a report. PROPOSED ORDINANCE: The department strives on providing the best overall service to the public while taking into account the efficiency of officer's time and being fiduciary responsible. The proposed ordinance includes those responses mandated by state statute as well as those required responses the department feels is necessary to carry out the mission of the agency. In addition to the before mentioned requirements, the department recommends including a law enforcement response, with a written report, in those cases where a "Hit and Run" accident has occurred, a prosecution or follow up investigation is contemplated, damage has occurred to public property or in those cases where a supervisor directs a response. Finally, the department is recommending law enforcement shall provide assistance to motorists in the exchanging of information, or arranging for the removal of vehicles. Staff has prepared Ordinance 1200, amending Part 15, Traffic and Vehicles, Chapter 2, Enforcement, of the Code of Ordinances by creating a new Section 15- 217.1, Motor Vehicle Accidents Occurring on Private Property. RECOMMENDATION: Staff recommends adoption of Ordinance 1200. ATTACHMENT: Ordinance 1200 Weekly Group CITY OF OWASSO/LEGALS Attn Julie Stevens PO BOX 180 OWASSO, OK 74055 Date Category Description 11/2312022 Legal Notices ORD 1200 785035 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, November 23, 2022 CITY OF OWASSO, OKLAHOMA ORDINANCE 1200 AN ORDINANCE RELATING TO PART 15, TRAFFIC AND THE CITY OF is and Vehicles, I, Motor Vehicle the Code of Or. shall be adopted to a written collision report that Occur on private prop- ence of alcohol or is the Property of le state; or la Ilow -up investigation is contemplated; 7. Directed by a supervisor. Police officers shall Provide assistance to motorists as a Public service, such as exchanging information or ar- ranging for the removal of vehicles. SECTION TWO (2): REPEALER All ordinances, or parts of ordinances, In conflict With this or- dinance are hereby repealed to the extent of the conflict Only. SECTION THREE (3): SEVERABILITY If any Part or parts of this artlinance are deemed unconst)iu. tional, invalid or Ineffective, the remaining portion shall Prot be affected but shall remain in full force and effect. SECTION FOUR (0): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall became effective thirty (30) days from the date of final passage Ps provided by state law. SECTION FIVE (5): CODIFICATION This ordinance shall be adopted and codified in Part 15, Chapter 2, as Section 15217.1 In the Owasso Code of Ordinan. ces. ADOPTED by the City Council of the City of Owasso, Oklaho me on the 15th day of November, 2022. /sr Alvin Fruga, Vlce Mayor ATTEST: 15/7ullann M. Stevens, City Clerk. APPROVED as to form and legality: 7s1 Julie Lombardi, City Attorney Owasso Reporter Sand Springs Leader Sklalook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Ad Size 2 x 54.1 Account Number 1015023 Date November 23, 2022 Affidavit of Publication Total Cost 1, Brenda Brumbaugh of lawful age, being duly sworn, am a legal representative of the Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa County, Oklahoma, a legal newspaper qualified to publish legal notices, as defined in 25 O.S. § 106 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publication. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the DATE(S) LISTED BELOW 11/232022 Newspaper reference: 0000785035 Legal Representative Sworn to and subscribed before me this date: 1 Ob Public AMBER SHELL NOTARY PUBLIC - STATE OF OKLAHOMA MY COMMISSION EXPIRES SEP.11, 2023 My commission ezptres! : COMMISSION # 19009197 69.12