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HomeMy WebLinkAbout114_Curfew EstablishedORDINANCE NUMBER 114 AN ORDINANCE ESTABLISHING A CURFEW PROHIBITING MINORS, UNDER THE AGE OF EIGHTEEN (18) YEARS FROM GOING UPON AND BEING ON THE PUBLIC STREETS OR PLACES IN THE TOWN OF OWASSO, OKLAHOMA BETWEEN THE HOURS OF TWELVE (12) O'CLOCK, MIDNIGHT, AND FIVE (5) O'CLOCK, A.M., AT NIGHT; PROVIDING EXCEPTIONS IN CERTAIN CASES; DECLARING DUTIES AND AUTHORITY OF LAW ENFORCEMENT OFFICERS AND JUDGE OF THE MUNICIPAL COURT OF THE TOWN OF OWASSO; PROVIDING DEFINITIONS OF WORKDS; CONTAINING A SAVING CLAUSE; PROVIDING PENALTIES FOR VIOLATION SOF ORDINANCE AND FOR ACTION TO AFFECT ENFORCEMENT; AND DECLARING AN EMERGENCY. BEIT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA: SECTION 1. Curfew Affecting Minors. No minor person under the age of eighteen (18) years shall stroll, walk, rund, loiter, stand or be, or ride or occupy any vehicle designed for travel, in or upon any alley, stree, hightway, public place or any vacant premises, between the hours of twelve o'clock, midnight, and five (5) o'clock, A.M., at night, withtin The Town of Owasso, Oklhaoma, unlewss being at the time engaged in some lawful and legitimate employment ot in the company of his or her parent, guardian or legal custodian, except as otherwise provided in Section Two (2) of this Ordinance. SECTION 2. Exceptions to Application of Curfew Enforcement. The provisions of Section One (1) of this Ordinance shall not apply on or in the following instances and times: a. Within one (1) hour folowing the ending, closing, adjournement or dismissal of a meeting, servce or activity of, and sponsered by, a public school, church or religious organization, which has been attened or participated in by such minor, who is returning directly to his or her home or place of abode. b. When a minor has in his possession a written exempttion granted by the Chief Marshal or Chief of Police of The Town of Owasso. SECTION 3. Procedure to Obtain Exemption to Curfew. A parent, guardian or legal custodian, of such minor, may file a written application directed to the Chief Marshal or Chief of Police of The Town of Owasso, who may grant a special exemption of enforcement of the curfew provided by this ordinance 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 Town Clerk of The town of Owasso. SECTION 4. Granting Exemptions Discretionary - Review. The Chief Marshal or Chief of Police shall have the authority to grant or reject any request for an exemption to enforcement of the curfew provided by this Ordinance, or may reduce the time limit of such exemption to enforcement of the curfew provided by this Ordinance, or may reduce the time limit of such execmptoin -- Provided: that any applicant for such exemption feeling aggrived by the action of the Chief Marshal or Chief of Poilice, may file a request for hearing before the Judge of the Municipal court of The Town of Owasso, who shall summarily hear same, and his judgment shall be final. SECTION 5. Authority of Law Enforcement Officers. Any law enforcement officer who shall witness a violation of this Ordinance may take such offender into custody to be prosecuted for such violation, require the posting of a sufficient bond for such minor's apparance in Court, or may place the minor in the custody of his or her parents or some responsible person. SECTION 6. "Minor" described. The word "Minor" or "minor Perons" as used in this Ordinance shall mean any male or femail person who has not reached the age of eighteen (18) years. SECTION 7. Violations -- Penalty. Any person convited of a violation of any provision of this ordinance shall be punished by a fine not exceeding the sum of Twenty Dollars ($20.00) including costs. SECTION 8. Provisions Severable. The provisions of this Orinance are hereby declared to be severable, and if any section, part of section, paragraph, sentance or clause of this Ordinance shall be held invalid or inoperative or any reason by any court of competent jurisdiction, any other section, part of section, paragraph, sentence or clause shll not be affected thereby. SECTION 9. EMERGENCY. That, by reason of immediate need for protection of minors being necessary, an emergency is hereby declared to exist for the preservation of the public peasce, health, and safety, by reason whereof this ordinance shall take effect immediately upon its adoption and approval. ADOPTED, and the emergency clause ruled upon separately and passed by unanimous vote of the Board of Trustees of The Town of Owasso and adopted this 26th day of July, 1969. APPROVED by the President of the Board of Trustees of The Town of Owasso, this 26th day of July, 1969. ATTEST: Inez Odom, Town Clerk. President of the Board of Trustees of The Town of Owasso, Oklhaoma, Approved:, Attorney for The Town of Owasso. Board Member, PROOF OF PUBL.-,ATION STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn, upon oath deposes and says that he is the publisher of the t a newspaper . . . . . . . . . . . . . . e . . . . . . . . . . . . . . printd in the English language, in the City of ........... Tulsa County, Oklahoma, having a bona fide paid general circulation therein, and with entrance into the United States mail as second class mail matter in Tulsa County and published in said county where delivered to the United States mail, and that the notice by publication, a copy of which is hereto attached, was published in said newspaper for .. . . ........... consecutive weeks, the first publication being on the . ............... day of .. . . 19 and the last day of publication being on the . . . .. . .............. day of ............. 19 . . . . . .. and that said newspaper has been continuously and uninterruptedly published in said county during the period of more than One Hundred and Four (104) weeks consecutively, prior to the first publication of said notice, or advertisement, as required by Section one, Chapter four, Title 25 Oklahoma Session Laws, 1943, as amended by House Bill No. 495, 22nd Legislature, and thereafter, and complies with all of the prescriptions and require- ments of the laws-of Oklahoma. (The advertisement above referred to is a true and printed copy. Said notice was published in all"editions of ,taxpl newspaper and not a supplement there /, w: 7 / /- Subscribed and sworn to before me by Bill R. R,$herford, publisher of the 5­'­J . _. "'-o ............ this . V%'_. . day of 19 )0tary Public. My commission expires ........... PUBLISHER'S FEE $... ...F. . BITING MINORS, UNDER THE AGE OF EIGHTEEN (18) YEARS FROM GOING UPON AND BEING ON THE PUBLIC STREETS OR PLACES IN THE TOWN OF OWASSO, OKLA- HOMA BETWEEN THE HOURS OF TWELVE (12) O'CLOCK, MIDNIGHT, AND FIVE (5) O'CLOCK, A.M., AT NIGHT; PROVIDING EXCEPTIONS IN CERTAIN CASES; DELCARING DUTIES AND = AUTHORITY OF LAW ENFORCEMENT OF- FICERS AND JUDGE OF THE MUNICIPAL COURT OF THE TOWN OF OWASSO; PROVIDING DEFINITIONS OF WORDS; CONTAINING A SAVING CLAUSE; PROVIDING PENALTIES FOR VIOLATIONS OF ORDIANANCE AND FOR ACTION TO AFFECT ENFORCEMENT; AND DECLARING AN EMER- GENCY. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA: Section 1. Curfew Affecting Minors. No minor person under the age of eighteen (18) years shall stroll, walk, run, loiter, stand or be, or ride j or occupy any vehicle designed for travel, in or upon any alley, street, highway, public place or any vacant premises, between the hours of t , welve o'clock, Midnight, and five (5) o'clock, A.M.. at night, :i kiruuIdUce. tion 2. Exceptions to.Ap The provisions of Sectio not apply on or in the fc Within one(l) hour fol -nment or dismissal of a id sponsored by, a public 14;-- _111-u U 11 gitimate empioyment or , guardian or legal cas- ed in Section Two (2) :ion of Curfew Enforce- "VAS 41 ,44" P as een &MULUVU us- jJdXLLU1Pat&U ILL by "Such minor, who is returning directly to his or her home or place of abode. b. When a minor has in hispossession a written exemp- tion granted by the Chief Marshal or Chief of Police of The To of Owasso. Section 3. Procedure to Obtain Exemption to Curfew. A parent.; Pguardian or leaal custodian. of such minor. may Section 4. Granting Exemptions Discretionary - Review. The Chief Marshal or Chief of Police shallhave the authority to grant or reject any request for an exemption to enforce- ment of the curfew provided by this Ordianance, or may reduce the time limit of such exemption -- Provided: that any applicant for such exemption, feeling aggrieved by the action of the Chief Marshal or Chief of Police, may file a request for hearing before the Judge of the Municipal Court of The Town of Owasso, who shall summarily hear same, and his judgment shall be final. Section 5. Authority of Law Enforcement Officers. Any law enforcement officer who shall witness a violation of this Ordinance 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 6. "Minor" described. The word "Minor" or "Minor Person" as used in this Ordinance shall mean any male or female person who has not reached the age of eighteen (18) years. Section 7. Violations -- Penalty. Any person convicted of a violation of any provision of this ordianance shall be punished by a fine not exceeding the sum of Twnety, Dollars ($20.00) including costs. Section 8. Provisions Severable. The provisions of this Ordinance are hereby declared to be severable, and if any section, part of section, paragraph, sentence or clause of this Ordianance shall be held invalid or inoperative for any reason by any court of competent jurisdiction, any other section, part of section, paragraph, sentence or clause shall not be affected thereby. Section 9. EMERGENCY. That, by reason of immediate need for protection of minors being necessary, an emergency is hereby deccared to exist for the preservation of the public peace, health, and safety, by reason whereof this ordinance shall take effect immediately upon its adoption and approval. Adopted, and the emergency clause ruled upon separately and passed by unanimous vote of the Board of Trustees of The Town! of Owasso and adopted this '26th day of July, t 1969. APPROVED by the President of the Board of Trustees of The Town of Owasso, this 26th day of July, 1969. JOHN R. GROTH President of the Board of Trustees of The Town of Owasso, Oklahoma ATTEST: Inez:Odem, Town Clerk. (SEAL *) Approved: M. S. Sawyer, Attorney for The