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HomeMy WebLinkAbout412_Amend Part 15 Ch 1_Providing Traffic Enforcement n Private Strees that Open to Public TrafficBOOK 5264 PAGE 1511 912773 ORDINANCE NUMBER 412 CITY OF OWASSO, OKLAHOMA AN ORDINANCE AMENDING PART 15, TRAFFIC AND VEHICLES, CHAPTER 1 GENERAL PROVISIONS, SECTION 15 -103 DEFINITIONS, SUBSECTION 39 DEFINING STREET OR HIGHWAY, AMENDING SAID SECTION BY DELETION THEREIN OF THE WORDS "PUBLICLY MAINTAINED ", REPEALER, DECLARING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One: Part 15, Traffic and Vehicles, Chapter 1 General Provisions, Section 15 -103 Definitions, Subsection 39 relating to street or highway providing as follows, to -wit: "Street" or "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, be and same hereby is repealed and in lieu thereof there will be provided as follows: "Street" or "Highway" means the entire width between the boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular travel. Section Two: That this Ordinance, upon passage, shall become effective thirty (30) days from the date of first publication as provided-by state law. DATED this 6th day of February, 1990. CITY OF OWASSO, OKLAHOMA By: Patricial K. Marlar, Mayor ATTEST: Jane Buchanan, City Clerk Ronald D. Cates, City Attorney V, �� == 11 all other requirements of the laws of Oklahoma with reference to legal publications. M �, MEMORANDUM TO: The Honorable Mayor and City Council FROM: Rodney J. Ray SUBJECT: Ordinance No. 412 Amending the City code to allow for the Enforcement of City Treaffic Laws on Private Streets and used by the Public. DATE: February 2, 1990 Background: Current City ordinances define "street" or "highway" as the entire width between the boundary lines of every way publicly maintained (emphasis mine) when any part thereof is open to the use of the public for the purposes of vehicular traffic". The use of the term "publicly maintained" effectively restricts the enforecement of out City traffic laws from these streets that are open to public use but are not dedicated public streets. The City Attorney and I have conducted a series of meetings with the residents of "Three Lakes Village" in response to inquires relating to their streets. It appears that these citizens are experiencing a problem with traffic violations and parking problems that cannot be addressed by our police department becuase the streets in that addition are privately owned and maintained. As the ordinances now read out laws cannot be applied to violations in that area (except in cases wherein a clear and present danger exists to life or property). Research indicates that this development has a long history concerning this problem. Briefly, the streets in the development are too narrow to meet our development standards. It appears that the original developer (Terry Davis) was denied the rgith to construct the narrow streets but won a lawsuit against the City that eventually did allow the construction (in some places as much as four feet short of minimum standards). The development was then built and homes sold to individuals. Now, some twelve years later. the traffic enforcement problem is of such a magnitude that these citizens are seeing relief from the City. WHile there are many other problems associated with this development (drainage, water lines, street conditions, and street width), there is one very serious problem that has caused the staff to be concerned. Due to the narrow streets and the restriction we face in enforcing even the most basic of our laws, we are regularly faced wtih a situation that prevents access to this area by fire trucks, ambulances, and some other emergency vehicles. The on street parking in the neighborhood caused this problem while speeding and other violations increase the probability of accidents or damage requiring the use of these vehicles. The staff, including the fire and police chiefs, share this concern with the citizens of the area are recognize the need for a solution. While a true solution to the problem lies in the reconstruction of all the streets to meet city standards, such a project is very costly and most likely will not be proposed or acceptted by the current property owners. There is, however, another solution that can be implemented by the City that will offer some immediate relief to the homeowners and the City. The City Attorney, in an option (89-5) dated December 11, 1989 has outlined a course of action that, if adopted, would allow for parking and violation enforecement on "private streets" when those streets are utilized by the "general traveling public". In this opnion, Mr. Cates states that the power to enforce traffic ordinances on private streets used by the general public "clearly exists" under state law. A slight change in our ordinances deleting the words "publicly maintained" in part 15, chapter 1, section 15-103 of the "City Code of Ordinances" will have the effect of allowing the city police to enforce our ordinances in this area. It will also allow for the creation of "no parking" areas that will open these streets to emergency vehicles without endangering the lives of citizens or out employees. NOTE: It should be noted that such an ordinance change may also allow the same type of enforcement in other "general use" areas. We do not interpret the language to inculde apartment streets or parking lots. It should also be notied that his change allows enforcement but does not mandate such enforcement, thus our policies relating to private parking lots, etc., would not change. Mr. Compton, Mr. Cates, Chief Motto and I have received a change in the language as described above and believe it would be a positive move. RECOMMENDATION: I recommend that the Council adopt ordinance no. 412 thus providing for the enforcement of traffic and parking lows in private streets open to use by the general traveling public. ATTACHMENTS: 1. Letter from City Attorney 2. Ordinances No. 412 3. City Attoney opinion 89-5 4. Map of Three Lakes Village CATES & COBB, P.A. AN ASSOCIATION OF INDEPENDENT RONALD D. CATES ATTORNEYS AND COUNSELORS AT LAW OF COUNSEL JANE ANN COBB SUITE 109 EXECUTIVE CENTER ELLIOTT H. HOWE I2620 E. 86m ST N. OWASSO. OKLAHOMA 74055 918/272-9592 january 15, 1-990 Mr. Rodney Ray City Manager City of Owasso 207 South Cedar Owasso, Oklahoma 74055 Dear Mr. Ray: in accordance with direction of Chief Motto, i have prepared a necessary amendatory Ordinance for purposes of allowing enforcement of the Traffic code of the City of Owasso, Oklahoma, upon private streets utilized by the general public for purposes of vehicular traffic. if you should have any questions or commeata concerning the foregoing, please do not hesitate to contact me at your earliest convenience. Very truly yours, , 'Ronald D. Cates RDC/jek Enclosure cc: Chief Clifford Motto, Owasso Police Department 01150.010 CATES & COBB, P.A. AN ASSOCIATION OF INDEPENDENT ATTORNEYS AND COUNSELORS AT LAW SUITE 109 EXECUTIVE CENTER 12620 E. 86TH ST N. OWASSO, OKLAHOMA 74055 918/272-9592 Mr. Rodney Ray City Manager City of Owasso 207 South Cedar Owasso, Oklahoma 74055 RE: City Attorney Opinion-89-5 Enforceability of Traffic Ordinances on Private Roads in Three Lakes Subdivision, City of Owasso, Oklahoma Dear Mr. Ray, In accordance with your request, I have reviewed the issue of the enforceability of municipal traffic regulations on streets within the municipality, although not publicly dedicated, under circumstances of such streets being utilized for public thoroughfare or for public traveling. Initially, it should be observed that the municipal power to regulate traffic within the municipality's borders is goverened, in part, by the provisions of 11O.S. Sec. 22-117, such providing, in part as follows, to-wit: The municipal governing body may establish ordinances and regulations governing the operation of motor vehicles and traffic upon the roads and streets within (emphasis our own) a municipality in the manner provided by, and not inconsistent with, state law. Further, reference to the case of Loughlin V. City of Tulsa, Okl. Cr. 492 P. 2d 1131 (1972) reveals the following, to-wit: Where language of city ordinance requiring driver of vehicle involved in accident to stop at the scene of the accident did not restrict its application to public streets, the ordinance extended to both public and private property, so that Municipal Court had jurisdiction to entertain prosecution in connection with accident which occurred in a parking lot of shopping center, which by its nature was a quasi-public facility though not owned or operated by the City. Further, reference to the above-cited case indicates application therein of the gneral rule that where the language of a motor vehicle statute does not restrict its application to public streets, the statute applies throughout the jurisdiction and extends to both public and private property. Numerous citations in support of the foregoing are omitted. Based on the foregoing authorites, one must properly conclude that the municipality does possess the power to regulate traffic on streets within tis jurisdiction, although not publicly dedicated or publicly maintained, nevertheless freely utilized by members of the general travelling public. Accordinly, the nexy issue which necessarily follows is whether the ordinance of the City of Owasso, Oklahoma, pertaining to traffic regulations are limited by the terms to city or public streets. In the respect, reference to the code of the city of owasso, oklahoma, in particular, Party 15--Traffic and Vehicles, indicates that although in many instances traffic regulations may by the specific chapters be applied to violations on a private roadway, by virtue of the definitions contained in Chapter 1 of Part 15, speed regulations would be limited in their application to public roads. Your attention is directed to Section 15-103, Subsection 39 of the Code which provides as follows, to-wit: Street or highway means the entire width between the boundary lines of every way publicly maintained (emphasis our own) when any part thereof is open to the use of the public for purposes of vehicular traffic. Although in the above-referenced situation existing in Three Lakes one could not question that the road is used by the public for purposes of vehicular traffic, it is my understanding that it is not a way "publicly maintained". Therefore, it is my opnion that in those sections of the Traffic and Vehicular code of the City of Owasso, Oklahoma, most notable Chapter 4 relating to speed regulations, wherein reference ismade to the offense occurring on any street or highway, by the limiting language of the definitional section, the City would be without power to enfore its ordinances. Althought street or highway is not utilized throughtou the 15 chapters of part 15--Traffic and Vehicles, it nevertheless is utilized to such an extent that it would be advisable to amend such definition to eliminate publicly maintained so as to remove the limiting language which, in many instances, would precllude enforecement of our traffic and vehicular code on roads not dedicated to and maintained by the public if the City is desirous of such enforcement. It is therefore my opinion in regards to our discussions concerning the authority of the municipality to enforece its traffic and vehicular ordinances on streets not dedicated to the public nor maintained by the public. but nevertheless, utilized by the general traveling public, that such power clearly exists under state law. Further, reference to the traffic and vehicular sections of the code of the city of owasso, oklahoma, reveal many instances wherein such would be applicable. however, by virtue of limiting language in the definitional section as regards streets, many of the regulations, in particular speed regulations would not, without an ordinance change, be enforceeable. I hope the foregoing meets with your needs at this time. Should you have any questions or comments concernting the foregoting, please do not hesitate to contact me yours very truly, ronald d cates city attorney rdc/jek cc: cheif clifford R motto owsso police department 5550 SOUTH LEWIS TULSA, OKLAHOMA FINLEY ENGINEERING COMPANY OWNER- DEVELOPER: TERRX L. 13AVIS CORISTRUCTIOPA, MC. 5550 SOUTH LEWIS TULSA, OKLAHOMA 1-918.749 -4637 ENGINEERS FINLEY ENGINEERING COMPANY THE PLAT BOOK –TULSA COUN7Y–C'7PYRIGH7 4978 BY C97Y MAP SERVICE TULSA OKLAHOMA PHONE 743-9909 FEDERAL LAW PROS-98175 REPRODUCTION FOR ANY PURPOSE W11THOUT PERMISSION OF THE COPYRIGHT OWNER