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Home My WebLink About696_Amend Part 1 10 15_code of Ord_State Law Relating to TrafficTulsa County Clerk. - EARLENE WILSON Doc# 02013208 Pgs 3 BAP 6682/1081-1083 R6ceipt # 561904 01/29/02 13:51:04 Feb 17.00 000561904005 CITY OF OWASSO,OKLAHOMA ORDINANCE NO.696 AN ORDINANCE RELATING TO PNISHMENT, CRIME, AND OFFENSES SPECIFICALLY RELATING TO PART 1, GENERAL PROVISIONS, CHAPTER 1, USE AND CONSTRUCTION OF THE CODE, SECTION 1-108, GENERAL PENALTY, AMENDING SAME BY INCREASING PENALTIES AS AUTHORIZED BY STATE STATUTE; RELATING TO PART 10, OFFENSES AND CRIMS, CHAPTER 2, OFFENSES AGAINST PROPERTY, SECTION 10-201, AMENDING SAME BY INCREASING THE VALUE OF PROPERTY TAKEN FROM $50.00 TO $500.00; RELATING TO CHAPTER 4, OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS, SECTION 10-416, FALSE OR BOGUS CHECKS, AMENDING SAME BY INCREASING THE DOLLAR VALUE OF FALSE OR BOGUS CHECKS FROM $50.00 TO $500.00; RELATING TO CHAPTER 6, OFFENSES AGAINST PUBLIC AUTHORITY, SECTION10-612, RESISTING PUBLIC OFFICIALS BY DELETING THEREFROM THE WORLDS RESIST AND OPPOSE IN 10-601 (1); RELATING TO PART 15 TRAFFIC AND VEHICLES, CHAPTER 5, DRIVING, OVERTAKING AND PASSING, SECTION 15-524, DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AMENDING SAME BY DECREASING THE LEVEL OF ALCOHOL CONCENTRATION FROM .10% TO .08%; RELATING TO PART 15, CHAPTER 5, DRIVING, OVERTAKING AND PASSING, SECTION 15-526, EVIDENCE OF INTOXICATION OR IMPAIRED ABILITY IN PROSECUTION OF DUI, AMENDING SAME BY DECREASING THE BLOOD ALCOHOL CONCENTRATION FROM .10% TO .08% OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION 1. Part 1, General Provisions, Chapter 1, Use and Construction of the Code, Section 1- 108, General Penalty of the Code of Ordinances of the City of Owasso. Oklahoma, be amended in the following respects, to -wit: A. CLASS "A" VIOLATIONS. Unless after the date hereof a different penalty is provided, anF person, upon conviction for any of the following offenses, shall be punished by a fine, excluding costs, of not exceeding Five hundred ($500 00) Dollars and /or sixty (60) days imprisonment. Such offenses are as follows: I . Actual Physical Control 2. Assault & Battery on a Police Officer I Driving Under the Influence 4. Driving While Impaired 5. Eluding or Attempting to Elude a Police Officer 6. Resisting a Police Officer /Public Official /Arrest 7. Violation of the provisions of Part 8, Health and Sanitation. of the Code 8. Violation of the provisions Title 5, Building Regulations and Codes 9. Violation of the provisions of Tile 7, Utilities B. CLASS "B" VIOLATIONS. Unless after the. date hereof a different penalty is provided, agly person, upon conviction for any of the following offenses, shall be punished by a fine, excluding costs, of not exceeding Three Hundred ($300.00) Dollars and /or sixty (60) days imprisonment. Such offenses are as follows: Possession of Marijuana 2780- 288.Amendment to Code of Ordinances 2. Possession of Paraphernalia 3. Assault & Battery 4. Damaging Property 5. Prohibited /Obscene Conduct 6. Reckless Conduct 7. Tampering With an Automobile 8. Failure to Field to an Emergency Vehicle 9. Leaving a Scene of an Accident 10. Feckless Driving 11. Driving Under Suspension, Revocation or Cancellation 12. Speeding more than 25 m.p.h. over the Speed Limit 13. Sale of Alcohol or Beer to a Minor 14. Disorderly House 15. Harmful Deception C. CLASS "C" VIOLATIONS. Unless after the date hereof a different penalty is provided, whenever in this Code of Ordinances an act is prohibited or made or declared to be unlawful or an offense or misdemeanor, or whenever in this Code of Ordinances the doing of any act as required or the failure to do any act is declared to be unlawful, except for the offenses referred to in Section A and B hereof, any person, upon conviction thereof, shall be punished by a fine of not more than Two Hundred ($200.00) Dollars, excluding costs. D. Each day or any portion of a day during which any violation of this code or any ordinance shall constitute a separate offense. E. Any person who shall aid, abet, or assist in the violation of any provisions 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. SECTION TWO: That Part 10, Offenses and Crimes, Chapter 2, Offenses Against Property, Chapter 4, Offenses Against the Health, Welfare and Morals and Chapter 6, Offenses Against Public Authority of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended in the following respects, to -wit: Chapter 2, Section 10 -201 shall be amended by increasing the dollar value of property taken from fifty ($50.00) dollars to five hundred ($500.00) dollars; Section 10 -416 False or Bogus Checks, shall be amended by increasing the dollar value of False or Bogus Checks from fifty ($50.00) dollars to five hundred ($500.00) dollars and that Section 10 -612 shall be amended by deletion therefrom in subsection I of the words resisting and oppose. SECTION THREE: That Part 15, Traffic and Vehicles, Chapter 5, Driving, Overtaking and Passing, Section 15 -524 Driving While Under the Influence of Alcohol or Drugs, and Section 15 -526, Evidence of Intoxication or Impaired Ability in Prosecution of DUI of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended in the following respects, Section 15 -524 Driving While Under the Influence of Alcohol or Drugs shall be amended by decreasing the blood alcohol concentration from .10% to .08% and that Section 15 -526 Evidence of Intoxication or Impaired Ability in Prosecution of DUI shall be amended by decreasing the blood alcohol concentration from .10% to .08 %. SECTION FOUR: That by reason of the change in State Law providing for the foregoing modifications and the necessity for immediate implementation of such in the Code of Ordinances of the City of Owasso, Oklahoma, an emergency is hereby declared to exist whereby the provisions of this Ordinance shall become effective immediately upon passage and first publications provided by State Law. 2780- 288.Amendment to Code of Ordinances Dated this day of a , 2001, with the Emergency Clause being voted upon and approved separately. Marci Aoutwell, City Clerk Ronald D. Cates, City Attorney 2780- 288.Amendment to Code of Ordinances APPROVED AS TO FORM: ISI Ronald D. Cates Ronald D. Cates, City Attorney ATTEST Marcia Boutwell Marcia Boutwell, City Clerk CITY OF OWASSO. OKLAHOMA. Marv Lou Barnhouse Mary Lou Barnhouse, Mayor Law, Dated this 4th day ot December. 2001, with the Emergency Clause being votea upon and approved separately. SECTION THREE: That Part 15, Traffic and Vehicles, Chapter 5, Driving, Overtaking and Passing, Section 15-524 Driving While Under the Influence of Alcohol or Drugs, and Section 15526, Evidence of Intoxication or Impaired Ability in Prosecution of DUI of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended in the following respects, Section 15-524 Driving While Under the Influence of Alcohol or Drugs shall be amended by decreasing the blood alcohol concentration from .10% to .08% and that Section 15-526 Evidence of Intoxication or Impaired Ability in Prosecution of DUI shall be amended by decreasing the blood aico- hol concentration from .10% to .08%" SECTION FOUR: That by reason of the change in State Law pro- viding for the foregoing modifications and the necessity for immedi- ate implementation 01 such in the Code of Ordinances of the, City of Owasso. Oklahoma, an emergency is hereby declared to eXist whereby the provisions of this Ordinance shall become effective immediately upon passage and first publications provided by State Affidavit Of Publication OWASSO REPORTER STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter, a weekly newspaper published in the City of Owasso, Tulsa County, Oklahoma, a news- paper qualified to publish legal notices, advertise- ments and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. 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 following dates: Subscribed and sworn to before me this 14th day of My Commission expire PUBLISHER'S FEE $ 253.00 AN ORDINANCE RELATING TO PUNISHMENT, CRIME, AND OFFENSES SPECIFICALLY RELATING TO PART 1, GENERAL PROVIStONS, CHAPTER 1, USE AND CON- STRUCTION OF THE CODE, SECTION 1-108, GENERAL PENALTY, AMENDING SAME BY INCREASING PENAL" TIES AS AUTHORIZED BY STATE STATUTE; RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 2, OFFENSES AGAINST PROPERTY, SECTION 10-201, AMENDING SAME BY INCREASING THE VALUE OF PROPERTY TAKEN FROM S50.00 TO S500.00; RELATING TO CHAPTER 4, OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS, SECTION 10-416, FALSE OR BOGUS CHECKS. AMENDING SAME BY INCREASING THE DOLLAR VALUE OF FALSE OR BOGUS CHECKS FROM S50.00 TO S500.00; RELATING TO CHAPTER 6. OFFENSES AGAINST PUBLIC AUTHORITY, SECTION 10- 612, RESISTING PUBLIC OFFICIALS BY DELETING THEREFROM THE WORDS RESIST AND OPPOSE IN 10- 612 (1); RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 5, DRIVING, OVERTAKING AND PASSING. SECTION 15-524, DRIVING WHILE UNDER THE INFLU- ENCE OF ALCOHOL OR DRUGS, AMENDING SAME BY DECREASING THE LEVEL OF ALCOHOL CONCENTRA- TION FROM .10% TO .08%; RELATING TO PART 15, CHAP- TER 5, DRWING, OVERTAKING AND PASSING, SECTION 15-526, EVIDENCE OF INTOXICATION OR IMPAIRED ABIL- iTY IN PROSECUTION OF DUI, AMENDING SAME BY DECREASING THE BLOOD ALCOHOL CONCENTRATION FROI\/i 10% TO .08% OF THE CODE OF ORDINANCES OF THE C:TY OF OWASSO, OKLAHOMA, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA. THAT, TO-WIT: SECTION i. Part 'I, General Provisions. Chapter 1, Use and Construction ot lhe Code. Section 1-108, General Penaity of the (::ode of Ordinances of the City Owasso. Oklahoma, be amend. ed In the fol!owlng respects, to-wit: A CLASS "A" VIOLATIONS. Unless after i:he oate hereor a different penalty IS prOVided, any person, upon conviction for any 01' tile !oi. :owlng offenses. shall be a exciuding costs, of not exceeding F!ve Hundred and/or SIX\Y (60) days :rnpnsonmenl Suei., offenses ,He as tallows Contra; Assault on a POlice Office; 3 Dnving Under the influence 4 Drlv!ng Willie irnp2ired :) EiucJing 0: to Eluae a POlice Officer ReSisting a Pollee OffiCial/Arrest 7 V:oia~lon of the proVISions of Part 8. Healtn and Sanitation, 01 Cocie Vloiatlon Ol tile prOVisions Title 5. Bulidlng Reguiatlons and Cooe;, 9 ViOlation of the proVISions oi Title 7, Utilities B CLASS "B" VIOLATIONS. Unless after the date hereof a different penalty !S proVided. any person, upon conViction for any of trle fOl- lOWing offenses. shail be puniShed by a fine, excluding costs, of not exceeding Three Hundred ($30000) Dollars and/or Sixty (60) days impflsonment. Such offenses arc as t'oilows . l Possession ot Mal-ijuana 2 Possession of Paraphernalia Assault & Battery 4 Propertv 5 . Conduct 6 Reckless Conduct With an AutomObile ;-: Failure to ar: V6n;c18 S. Leaving a Scene of an -10. Reckless Driving '1 Under SuspenSion, Revocation or Canceliation '12 more than 25 m.p,n, over the Speed Limit ! 3 Sale of or Beer to a MIIlOI' 14 DisorderlY House 15, Harmful Deception C, CLASS "C" VIOLATIONS Unless after the date hereof a differ- ent IS provided. whenever In thiS Code of Ordinances an act IS or made or declareo 10 De unlawful or an offense or misoemeanoi', or whenever In thiS Code of OrOlnances the doing aT aCI as I-equlred or the raliure to do any acl is deClared to be exceot for the offenses referred to In Section A and 8 hereof, any oerson upon conviction tIlereo1. shali be puniShed by a tine of not more than Two Hundred ($20000) Dollars, excluding costs o Each day 01 oj a day during which any violation of thiS code or any S1181! constitute a separate offense E_ .D,ny person who sha!1 ald. abet, or assist in the violation of any proVISions 01 thiS COde shail be deemed gUilty 01 an offense and upon conviction therefore. shall be punished in accordance with the punishment prOVided 1m Violation of tne prOVision such person aided. abetted or aSSisted in vlo!ating SECTION TWO: That Part 10, Offenses and Cflmes, Chapter 2. Offenses Against Property, Chapter Offenses Against the Health, Welfare and Morals and Chapter 6, Offenses Against Publio AuthOrity of the Code ot Ordinances of the City of Owasso, Oklahoma, shali be amended in the follOWing respects, to-WIt: Chapter 2, Section 10-201 shall be amended by rncreasing the dol- iar value of property taken from ($50,00) dollars to five hundred IS500 OOi dollars: Section 10.416 or Bogus Checks, shalf be amended by Increasing the dollar value of False or Bogus CheCKS from fifty ($50.00) dollars to five hundred ($500.00) dollars and that Section 10+612 shall be amended by deletion therefrom in subsec. lion 1 oi the words resisting and oppose Published In the Owasso Reporter Owasso, Tulsa County, Oklahoma. Deoember 13, 2001. CITY OF OWASSO, OKLAHOIVIA ORDINANCE NO. 696 MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: JULIANN M. STEVENS COURT CLERK SUBJECT: CITY ORDINANCE 696 DATE: November 27, 2001 BACKGROUND: Recent changes in the Oklahoma State law have increased the authority of Municipal Courts, not of record, to assess maximum fines of $500.00. Municipal Courts, not of record, are defined as those communities with a population less than 200,000 inhabitants. Lawmakers have also modified the language for the offenses of Petit Larceny, by increasing the dollar value of property taken from $50.00 to $500.00 and the offense of Driving Under the Influence, by decreasing the blood/breath alcohol level from .10 to .08. Due to these amendments within the law, the court requested that City Attorney, Ron Cates, be allowed to review them and prepare Ordinance 696 for the council to consider. The ordinance also includes the separation of offenses, as to their severity, and assesses appropriate monetary amounts for the violation of said offense. Judge Michael Hilsabeck, City Prosecutor Charles Ramsey, and Interim City Manager Timothy Rooney, each in agreement with its contents, has reviewed this ordinance. An emergency clause has been attached to Ordinance 696, due to the fact that the implementation of an increase in monetary fines is of need, especially for those who are repeat offenders. Separate action will be required on both the Ordinance and the emergency clause. RECOMMENDATION: Staff recommends Council approval of Ordinance 696 and the accompanying emergency clause. ATTACHMENTS: 1. Ordinance No. 696