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HomeMy WebLinkAboutPart 01 General ProvisionsGeneral Provisions PART 1 GENERAL PROVISIONS CHAPTER 1 USE AND CONSTRUCTION OF THE CODE Section 1 -101 How Code Designated and Cited Section 1 -102 Rules of Construction Section 1 -103 Catch Lines of Sections; Citations Section 1 -104 Effect of Repeal of Ordinances Section 1 -105 Severability of Parts of Code Section 1 -106 Amendment to Code; Effect of New Ordinances; Amendatory Language Section 1 -107 Altering Code Section 1 -108 General Penalty for Courts Not of Record Section 1 -109 Fines Recoverable by Civil Action Section 1-110 Ordinances in Effect in Outlying Territory of City CHAPTER 2 CORPORATE AND WARD LIMITS Section 1 -201 Wards and Boundaries Section 1 -202 Ward Boundaries Map Page 1 -1 General Provisions CHAPTER 1 USE AND CONSTRUCTION OF THE CODE Section 1 -101 How Code Designated and Cited Section 1 -102 Rules of Construction Section 1 -103 Catch Lines of Sections; Citations Section 1 -104 Effect of Repeal of Ordinances Section 1 -105 Severability of Parts of Code Section 1 -106 Amendment to Code; Effect of New Ordinances; Amendatory Language Section 1 -107 Altering Code Section 1 -108 General Penalty for Court Not of Record Section 1 -109 Fines Recoverable by Civil Action Section 1-110 Ordinances in Effect in Outlying Territory of City SECTION 1 -101 HOW CODE DESIGNATED AND CITED The provisions embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Owasso, Oklahoma," and may be so cited. (Ord 1132, 6/19/18) State Law Reference: Adoption and revision of codes of ordinances, 11 O.S. Sections 14- 108, 14 -109. SECTION 1 -102 RULES OF CONSTRUCTION In the construction of this code and of all ordinances, the following rules are observed unless the construction would be inconsistent with the manifest intent of the Council: 1. "City" or "this City" shall be construed as if the words "of Owasso, Oklahoma," followed them; 2. "Council" or "City Council" means the City Council of Owasso, Oklahoma; 3. "Computation of time." Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which the notice is given or the act is done shall be counted in computing the time, but the day on which the proceeding is to be had shall not be counted; 4. "County" or "this county" means the County of Tulsa, Oklahoma, unless otherwise stated; 5. "Gender" A word importing one gender only shall extend and be applied to other genders and to firms, partnerships, and corporations as well; 6. "Joint authority" All words giving 'joint authority" to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers; 7. "Law" includes applicable federal law, provisions of the Constitution and statutes of the State of Oklahoma, the ordinances of the City, and, when appropriate, any and all rules and regulations promulgated thereunder; 8. "Manager" or "City Manager" means the City Manager of the City; 9. "Mayor" means the Mayor of the City; 10. "Month" means a calendar month; 11. "Non- technical and technical words." Words and phrases which are not specifically defined shall be construed according to the common and accepted usage of the language; but technical words and phrases as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning; Page 1 -2 General Provisions 12. "Number' A word importing the singular number only may extend and be applied to several persons and things, as well as to one person and thing. Words used in the plural number may also include the singular unless a contrary intention plainly appears; 13. "Oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath and, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed;" 14. "Other officials or officers, etc." Whenever reference is made to officers, agencies or departments by title only, i.e. "clerk", "City clerk ", "City attorney ", "fire chief', "chief of police ", etc., they shall mean the officers, agencies or departments of the City; 15. "Person" shall extend and be applied to an actual person, any persons and to associations, clubs, societies, firms, partnerships, and bodies politic and corporate, or the manager, lessee, agent, servant, officer or employee of any of them, unless a contrary intention plainly appears; 16. "Preceding, following" means next before and next after, respectively; 17. "Property" shall include real and personal property; 18. "Signature or subscription" includes a mark when a person cannot write; 19. "State" or "this state" shall be construed to mean the State of Oklahoma; 20. "Statutory references" means references to statutes of the State of Oklahoma as they now are or as they may be amended to be; 21. "Street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, highways, courts, places, squares, curbs and all other public ways in the City which are dedicated and open to public use; 22. "Tense." Words used in the past or present tense include the future, the past and the present; 23. " "Week" means seven (7) days; and 24. "Year' means a calendar year. (Ord 1 132, 6/19/18) SECTION 1 -103 CATCH LINES OF SECTIONS; CITATIONS The catch Lines of sections in this code are printed in CAPITAL LETTERS and citations included at the end of sections are intended to indicate the contents of the section and original historical source respectively, and shall not be deemed or taken to be titles and official sources of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of the sections, including the catch Lines, or citations, are amended or re- enacted. (Ord 1 132, 6/19/18) SECTION 1 -104 EFFECT OF REPEAL OF ORDINANCES A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the Ordinance repeal took effect. B. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed. (Ord 1 132, 6/19/18) SECTION 1 -105 SEVERABILITY OF PARTS OF CODE It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph, or section of this code or of any ordinance in the code shall be declared unconstitutional, illegal or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code of ordinances. (Ord 1132, 6/19/18) Page 1 -3 General Provisions SECTION 1 -106 AMENDMENT TO CODE; EFFECT OF NEW ORDINANCES; AMENDATORY LANGUAGE A. All ordinances passed subsequent to this code of ordinances which amend, repeal or in any way affect this code of ordinances may be numbered in accordance with the numbering system of this code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, the repealed portions may be excluded from this code by omission from reprinted pages. B. Amendments to any of the provisions of this code may be made by amending the provisions by specific reference to the section of this code in substantially the following language: "Be it ordained by the City Council of the City of Owasso, Oklahoma, that Section of the code of ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows:" (Set out new provisions in full.). C. When the Council desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the code which the Council desires to incorporate into the code, a section in substantially the following language may be made part of the ordinance: "Section Be it ordained by the City Council of the City of Owasso, Oklahoma, that the provisions of this ordinance shall become and be made a part of the code of ordinances of the City of Owasso, Oklahoma, and the sections of this ordinance may be renumbered to accomplish this intention." D. All sections, articles, chapters or provisions of this code desired to be repealed may be specifically repealed by section or chapter number, as the case may be. (Ord 1 132, 6/19/18) State Law Reference: Enactment of ordinances, 11 O.S. Sections 14 -104 to 14- 106. SECTION 1 -107 ALTERING CODE It is unlawful for any person to change or amend by additions or deletions any part or portion of this code, or to insert or delete pages or portions thereof, or to alter or tamper with this code in any manner whatsoever which will cause the law of the City to be misrepresented. Any person violating this section shall be punished as provided in Section 1 -108 of this code. (Ord 1 132, 6/19/18) SECTION 1 -108 GENERAL PENALTY FOR COURTS NOT OF RECORD A. TRAFFIC OFFENSES: The maximum fine or deferral fee in lieu of a fine for traffic - related offenses relating to speeding or parking shall not exceed Two Hundred Dollars ($200.00). B. ALCOHOL OR DRUG RELATED OFFENSES: The maximum fine or deferral fee in lieu of a fine for alcohol - related or drug - related offenses shall not exceed Eight Hundred Dollars ($800.00). C. OTHER OFFENSES: For all other offenses, the maximum fine or deferral in lieu of a fine shall not exceed Seven Hundred Fifty Dollars ($750.00). D. Each day or any portion of a day during which any violation of this Code or any ordinance shall continue shall constitute a separate offense. E. Any person who shall aid, abet, or assist in the violation of any provision of this Code shall be deemed guilty of an offense and, upon conviction therefore, shall be punished in accordance with the punishment provided for violation of the provision such person aided, abetted or assisted in violating. Page 1 -4 General Provisions F. The Director of the Community Development Department, or their designees within that department, may be sworn and authorized to issue a citation for violations of the Zoning Code of the City of Owasso as adopted in Part 12, Planning Zoning and Development of the Owasso Code of Ordinances and for violations of Part 5, Building Regulations and Codes, Part 8, Health and Sanitation, Part 14, Streets and Public Works and Part 15, Traffic and Vehicles within this Code. The citations shall state the date and location of the violation, the section number of the ordinance or Zoning Code regulation that has been violated and shall direct the defendant to appear in the Owasso Municipal Court on a designated day or pay the required fine by the designated date. The citation shall state that if the defendant fails to appear within the time specified or pay the fine for the violation, a warrant for failure to appear or failure to pay may be issued, which may result in the defendant being arrested. (Ord. 466, 8/3/93; 696, 12/4/01; 941, 7/21/09; 1016 1 1 /6/12; 1132 6/19/18) SECTION 1 -109 FINES RECOVERABLE BY CIVIL ACTION All fines shall be recoverable by civil action before any court of competent jurisdiction, in addition to any other method provided by law. (Ord 1132, 6/19/18) SECTION 1 -110 ORDINANCES IN EFFECT IN OUTLYING TERRITORY OF CITY All ordinances of the City now in effect within the City are hereby extended to all real property belonging to, or under the control of, the City outside the corporate limits of the City, and shall be in full effect therein insofar as they are applicable. All ordinances of the City which shall go into effect in the future, shall also apply to, and be in full effect within the boundaries of all outlying real property, insofar as they may be applicable. Any words in any ordinance indicating that the effect of an ordinance provision is limited to the corporate limits of the City shall be deemed to mean, and include also, the outlying real property belonging to, or under the control of, the City, unless the context clearly indicates otherwise. (Ord 1132, 6/19/18) Page 1 -5 General Provisions CHAPTER 2 CORPORATE AND WARD LIMITS Section 1 -201 Wards and Boundaries. Section 1 -202 Ward Boundaries Map. SECTION 1 -201 WARDS AND BOUNDARIES The boundaries of the wards of the City of Owasso, Oklahoma shall be as follows: Ward 1 ALL OF that part of the territory included within the corporate limits of the City of Owasso, Oklahoma, in the Sections 1 and 12, Township 21 North, Range 13 East; and Sections 4, 5, 6, 7, 8 and 9 Township 21 North Range 14 East; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 3 Township 21 North Range 14 East lying in the SW /4 SW /4 of said section; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 10 Township 21 North Range 14 East that is north of the following described boundary. Beginning at a point being the centerlines of North 145th East Avenue and East 1 1 1 th Court North, thence east along the centerline of East 1 1 1 th Court North to the centerline of North 145th Place East; thence south along the centerline of North 145th Place East to the centerline of East 11 1 th Place North; thence east along the centerline of East 11 1 th Place North to the centerline of North 146th East Avenue; thence north along the centerline of North 146th East Avenue to the centerline of East 1 1 1 th Court North; thence east along the centerline of East 1 1 1 th Court North to the centerline of North 148th East Avenue; thence south along the centerline of North 148th East Avenue to the centerline of East 1 10th Circle North; thence northeast along the centerline of East 1 10th Circle North and an imaginary extension of said road to the corporate limit boundary. Ward 2 ALL OF all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 18 Township 21 North Range 14 East; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 13 Township 21 North Range 13 East lying east of the SK &O Railroad right of way; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 17 Township 21 North Range 14 East lying west of the centerline of the southbound lanes of US Highway 169 /Mingo Valley Expressway/ Pearl Harbor Expressway; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 24 Township 21 North Range 13 East lying east of the SK &O Railroad right of way in the NE /4 of said section; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 19 Township 21 North Range 14 East lying west of the following described boundary. Beginning at a point being the centerlines of East 96th Street North and North 104th East Avenue; thence south along the centerline of North 104th East Avenue to the centerline of North 105th East Avenue; thence southeasterly along the centerline of North 105th East Avenue to the centerline of Ranch Creek; thence southwesterly along the centerline of Ranch Creek to the north line of the SE /4 of the SW /4 of Section 19 Township 21 North Range 14 East; thence west Page 1 -6 General Provisions and south along the north and west sides of said SE /4 of the SW /4 of Section 19 Township 21 North Range 14 East to the centerline of East 86th Street North. Ward 3 ALL OF that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Sections 15, 16 and 21 Township 21 North Range 14 East; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 10 Township 21 North Range 14 East that is south of the following described boundary. Beginning at a point being the centerlines of North 145th East Avenue and East 1 1 1 th Court North, thence east along the centerline of East 111th Court North to the centerline of North 145th Place East; thence south along the centerline of North 145th Place East to the centerline of East 1 1 1 th Place North; thence east along the centerline of East 1 1 1 th Place North to the centerline of North 146th East Avenue; thence north along the centerline of North 146th East Avenue to the centerline of East 111th Court North; thence east along the centerline of East 111th Court North to the centerline of North 148th East Avenue; thence south along the centerline of North 148th East Avenue to the centerline of East 110th Circle North; thence northeast along the centerline of East 110th Circle North and an imaginary extension of said road to the corporate limit boundary; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 20 Township 21 North Range 14 East lying east of the centerline of the southbound lanes of US Highway 169 /Mingo Valley Expressway/ Pearl Harbor Expressway; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 22 Township 21 North Range 14 East lying north and west of the following described boundary. Beginning at a point being the centerlines of North 145th East Avenue and East 89th Street North; thence east along the centerline of East 89th Street North to the centerline of North 149th East Avenue; thence north along the centerline of North 149th East Avenue to the corporate limit boundary; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 28 Township 21 North Range 14 East being the East 86th Street North Road and right of way lying in the N/2 NW /4 NE /4 of said section; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 17 Township 21 North Range 14 East lying east of the centerline of the southbound lanes of US Highway 169 /Mingo Valley Expressway/ Pearl Harbor Expressway. Ward 4 ALL OF that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Sections 25, 26, 35 and 36 Township 21 North Range 13 East and Sections 30 and 31 Township 21 North Range 14 East; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 13 Township 21 North Range 13 East lying along the west line of said section in the 100' fence line; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 24 Township 21 North Range 13 East lying along the west line of said section in the 100' fence line and that territory east of the SK&O Railroad right of way in the SE /4 SE /4 of said section; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Page 1 -7 General Provisions Oklahoma in Section 19 Township 21 North Range 14 East lying east of the following described boundary. Beginning at a point being the centerlines of East 96th Street North and North 104th East Avenue; thence south along the centerline of North 104th East Avenue to the centerline of North 105th East Avenue; thence southeasterly along the centerline of North 105th East Avenue to the centerline of Ranch Creek; thence southwesterly along the centerline of Ranch Creek to the north line of the SE/4 SW /4 of said section, thence east along said north line to the west line of the SE/4 of said section; thence south along the west line of SE /4 to the centerline of East 86th Street North; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 20 Township 21 North Range 14 East lying west of the centerline of the southbound lanes of US Highway 169 /Mingo Valley Expressway/ Pearl Harbor Expressway; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 29 Township 21 North Range 14 East lying west of the following defined boundary. Beginning at a point being the centerlines of East 86th Street North and North 123rd East Avenue; thence southwesterly along the centerline of North 123rd East Avenue to the intersection of the centerlines of East 83rd Street North and North 122nd East Avenue; thence southerly along the centerline of North 122nd East Avenue to the centerline of East 76th Street North and south line of said section; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 32 Township 21 North Range 14 East lying in the west half of said section LESS AND EXCEPT the 100' fence line along the south line of Section 32 Township 21 North Range 14 East to the east right of way line of North 1 15th East Avenue. Ward 5 ALL OF that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 2 Township 20 North Range 14 East, and Sections 1, 2, 11, 14, 23, 26, 27, 28, 33, 34, 35 and 36 Township 21 North Range 14 East, and Sections 4, 5, 6, 9, 16, 21, 28, 29, 30, 31 and 32 Township 21 North Range 15 East; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 3 Township 21 North Range 14 East along the north line of said section within the 100' fence line; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 22 Township 21 North Range 14 East lying south and east of the following described boundary. Beginning at a point being the centerlines of North 145th East Avenue and East 89th Street North; thence east along the centerline of East 89th Street North to the centerline of North 149th East Avenue; thence north along the centerline of North 149th East Avenue to the corporate limit boundary; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 29 Township 21 North Range 14 East lying east of the following defined boundary. Beginning at a point being the centerlines of East 86th Street North and North 123rd East Avenue; thence southwesterly along the centerline of North 123rd East Avenue to the intersection of the centerlines of East 83rd Street North and North 122nd East Avenue; thence southerly along the centerline of North 122nd East Avenue to the centerline of East 76th Street North and south line of said section; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 32 Township 21 North Range 14 East lying in the E/2 of said section and within the 100' fence line along the south line to the east right of way line for North 115th East Page 1 -8 General Provisions Avenue LESS AND EXCEPT all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 28 Township 21 North Range 14 East being the East 86th Street North Road and right of way lying in the N/2 NW /4 NE /4 of said section. (Ord. 336, 8/21/84; 449, 9/15/92; 653, 8/01 /00; 725, 11/19/02; 1015, 1 1 /6/12; 1207, 4/4/23) SECTION 1 -202 WARD BOUNDARIES MAP The boundaries of the Wards of the City of Owasso, Oklahoma as described in Sec. 1 -201 of this Chapter are general in nature, and the Owasso Ward Boundaries Map of the City of Owasso attached hereto is the official map for determining the official boundary lines of said Wards. In the event that the description of the Ward Boundaries in Sec. 1 -201 of this Chapter are at variance with the official Owasso Ward Boundaries Map, then the Ward Boundaries are defined by the official Owasso Ward Boundaries map on file in the office of the City Clerk shall prevail in the determination of the official Ward Boundary Lines for the City of Owasso, Oklahoma. (Ord. 336, 8/21/84; 449, 9/15/92; 535, 2/18/97; 725; 11/19/02; 1015 11/6/12) Page 1 -9 ��1111111 1 3 ' � 1 5 e - 1 `` � , 1 t � � Page 1 -9