HomeMy WebLinkAbout896_Part 15 Ch 2_Increase in Fines_Speed in Work/Construction ZoneTulsa County Clerk- EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 896
AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 2,
ENFORCEMENT, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, AMENDING SAME BY AUTHORIZING AN INCREASE OF THE FINE
FOR VIOLATIONS OF THE POSTED SPEED LIMIT IN CONSTRUCTION ZONES.
THIS ORDINANCE AMENDS PART 15, CHAPTER 2, OF THE CITY OF OWASSO CODE
OF ORDINANCES BY AMENDING SECTION 15 -210, MAINTENANCE AND
CONSTRUCTION ZONES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part t5, Traffic and Vehicles, Chapter 2, Enforcement, of the Code of
Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as
follows:
SECTION 15 -210 MAINTENANCE AND CONSTRUCTION ZONES
SECTION TWO (2):
A. City personnel or contractors, while repairing, improving or maintaining the streets of the
J City, and City personnel and utility companies, when installing, improving, or repairing lines or
other utility facilities in the streets, are hereby authorized as may be necessary, subject to control by
the City Manager, to close any street or section thereof to traffic during such repair, maintenance, or
construction. In exercising this authority, the appropriate personnel, contractor or utility company
J shall erect or cause to be erected proper traffic control devices and barricades to warn and notify the
public that the street has been closed to traffic.
Lam.. B. When any street has been closed to traffic under the provisions of Subsection A of this
section and traffic control devices or barricades have been erected, it is unlawful for any person to
drive any vehicle through, under, over, or around such traffic control devices or barricades, or
otherwise to enter the closed area. The provisions of this subsection shall not apply to persons
entering the closed area or zone for the purpose of protecting lives or property, or to those engaged
in the construction, maintenance or repair of the street or utility. Persons having their places of
residence or places of business within the closed area may travel, whenever possible to do so,
through the area at their own risk.
C. Whenever construction, repair, or maintenance of any street, utility line or any other facility
is beitig performed at or near a place where vehicles travel, the City personnel, contractor, or utility
company concerned shall erect, or cause to be erected, traffic control devices to warn and guide the
public. Every person using the street shall obey all signs, signals, markings, flag persons, or other
traffic control devices which are placed to regulate, control, and guide traffic through the
construction or maintenance area. "Construction or maintenance area" means any area upon or
around any street or alley that is visibly marked as an area where street or utility construction, repair
or maintenance is temporarily occurring, and where workers engaged in the construction,
maintenance or repair may be present. The construction area also includes the lanes of a street
leading up to the area where construction, repair or maintenance is occurring, starting at the point
where properly posted traffic control devices begin to warn and guide the public into and through the
construction area, including, but not limited to, instructions to merge from one lane into another lane,
to reduce speed or to follow the directions given by flag persons.
D. The maximum speed a vehicle may be driven in a construction area shall be plainly posted
in the construction area. Violation of the posted speed limit in the repair, maintenance or
construction area, or violation of any other provision within this ordinance, shall result in the
doubling of the appropriate fine.
(State Law Reference: 47 O.S. § 11 -1302 — Maintenance and Construction Zones; 47 0. S. 511 -806 —
Special Speed Limitations.)
SECTION THREE (3): REPEALER
All ordinances, or parts of ordinances, in conflict with this amended ordinance are hereby repealed to
the extent of the conflict only.
SECTION FOUR (4): 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.
SECTION FIVE (5): 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 SIX (6): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by amending an existing ordinance
codified in Part 15, Chapter 2, as Section 15 -210.
2
PASSED by the City Council of the City of Owasso, Oklahoma on the 19`x' day of June, 2007.
Stephen ataudella, Mayor
Sherry Bis p, City Clerk o
(S E A L)
OkCAHOMP�
APPROVED as to form and legality this 19th day of June, 2007.
41b� A
Julie Ombardi, City Attorney
1
PUBLISHER'S AFFIDAVIT
ORDINANCE NO. 896
PUBLICATION DATE(S)
06/28/07
CASE NUMBER: ORD NO. 896
INVOICE NO: 00034378
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa I SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a daily newspaper of
general circulation in Tulsa, Oklahoma, a newspaper qualified
to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 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 ABOVE LISTED DATE(S)
Representative Signature
Subscribed to and sworn to me this 29th day of June, 2007
Notary Public
N CY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
NANCY CAROL CAROL MOORE
Publishers Fee: 118.20a Notary Public - 8iate of Oklahoma
Tulsa County
My Commission Expires December 8, 2010
Commission # 06011684
34378
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, June 28, 2007
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 896
AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 2, ENFORCE-
MENT, OFTHE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING
SAME BY AUTHORIZING AN INCREASE OF THE FINE FOR VIOLATIONS OF THE POSTED
SPEED LIMIT IN CONSTRUCTION ZONES.
THIS ORDINANCE AMENDS PART 15, CHAPTER 2, OF THE CITY OF OWASSO CODE OF
ORDINANCES BY AMENDING SECTION 15 -210, MAINTENANCE AND CONSTRUCTION
ZONES.
BE IT ORDAINED BYTHE COUNCIL OFTHE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT
SECTION ONE (1): Part 15, Traffic and Vehicles, Chapter 2, Enforcement, of the Code of
Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as fol-
lows:
SECTION 15 -210 MAINTENANCE AND CONSTRUCTION ZONES
SECTION TWO (2):
A. City personnel or contractors, while repairing, improving or maintaining the streets of the City,
and City personnel and utility companies, when installing, improving, or repairing lines or other util-
ity facilities in the streets, are hereby authorized as may be necessary, subject to control by the City
Manager, to close any street or section thereof to traffic during such repair, maintenance, or con-
struction. In exercising this authority, the appropriate personnel, contractor or utility company shall
erect or cause to be erected proper traffic control devices and barricades to warn and notify the pub-
lic that the street has been closed to traffic.
B. When any street has been closed to traffic under the provisions of Subsection A of this section
and traffic control devices or barricades have been erected, it is unlawful for any person to drive any
vehicle through, under, over, or around such traffic control devices or barricades, or otherwise to
enter the closed area. The provisions of this subsection shall not apply to persons entering the
closed area or zone for the purpose of protecting lives or property, or to those engaged in the con-
struction, maintenance or repair of the street or utility. Persons having their places of residence or
places of business within the closed area may travel, whenever possible to do so, through the area
at their own risk.
C. Whenever construction, repair, or maintenance of any street, utility line or any other facility is
being performed at or near a place where vehicles travel, the City personnel, contractor, or utility
company concerned shall erect, or cause to be erected, traffic control devices to warn and guide the
public. Every person using the street shall obey all signs, signals, markings, flag persons, or other
traffic control devices which are placed to regulate, control, and guide traffic through the construc-
tion or maintenance area. "Construction or maintenance area" means any area upon or around any
street or alley that is visibly marked as an area where street or utility construction, repair or main-
tenance is temporarily occurring, and where workers engaged in the construction, maintenance or
repair may be present. The construction area also includes the lanes of a street leading up to the
area where construction, repair or maintenance is occurring, starting at the point where properly
posted traffic control devices begin to warn and guide the public into and through the construction
area, including, but not limited to, instructions to merge from one lane into another lane, to reduce
speed or to follow the directions given by flag persons.
D. The maximum speed a vehicle may be driven in a construction area shall be plainly posted in the
construction area. Violation of the posted speed limit in the repair, maintenance or construction area,
or violation of any other provision within this ordinance, shall result in the doubling of the appropri-
ate fine.
(State Law Reference: 47 O.S. 11 -1302 - Maintenance and Construction Zones; 47 O.S. 11 -806 -
Special Speed Limitations.)
SECTION THREE (3): REPEALER
All ordinances, or parts of ordinances, in conflict with this amended ordinance are hereby repealed
to the extent of the conflict only.
SECTION FOUR (4): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remain-
ing portion shall not be affected but shall remain in full force and effect.
SECTION FIVE (5): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final pas-
sage as provided by state law.
SECTION SIX (6): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by amending an existing ordinance cod -
died in Part 15, Chapter 2, as Section 15 -210.
PASSED by the City Council of the City of Owasso, Oklahoma on the 19th day of June, 2007.
ATTEST:
/s/Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form:
/s/ Julie Lombardi, City Attorney
/s/ Stephen Cataudella, Mayor
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY AND GENERAL COUNSEL
DAN YANCEY
CHIEF OF POLICE
SUBJECT: ORDINANCE NO. 896 - RELATING TO FINES FOR SPEEDING IN A
CONSTRUCTION WORK ZONE
DATE: June 12, 2007
BACKGROUND
The Owasso Police Department, as well as the Public Works department and contractor crews
hired by the City, are experiencing increasing difficulty ensuring the safety of workers
performing maintenance, repair and construction tasks in construction area work zones. A
construction or maintenance work zone is defined within the Oklahoma statutes as a place where
street or utility construction, repair or maintenance is in progress and where workers are present.
Although these construction, maintenance and repair zones are clearly marked with traffic
control devices and reduced speed limits are plainly posted, motorists habitually speed through
these work zones, fail to obey the traffic control devices and disregard the directions and
instructions of flag persons posted at the construction site to guide traffic. As a result, worker
safety in these areas is severely compromised.
In 2001, the State of Oklahoma enacted a statute addressing this problem which doubled the
fines assessed against motorists guilty of speeding in construction areas and /or disobeying other
traffic control devices in a work zone. Since that time, numerous municipalities have followed
suit and enacted ordinances mirroring the state statute. Adoption of such a municipal ordinance
allows speeding and other vehicular violations occurring in construction work zones to continue
to be prosecuted in our municipal court while providing some "teeth" to the penalty by doubling
the applicable fine assessed against the offender. Staff believes this strengthened penalty will
effectively act as a deterrent to motorists who speed or commit other moving violations within a
construction zone.
The proposed amendments to Section 15 -210 in this ordinance are substantially taken from two
state statutes addressing the issue of speed limitations and other motorist violations in
construction work zones, ( 47 O.S. §11 -1302; 47 O.S. §11 -806). This ordinance defines a
construction or maintenance work zone and provides that fines shall be doubled for speeding
violations and other violations of the ordinance. In connection with that penalty, the ordinance
requires that the applicable speed limit shall be posted in all construction areas.
RECOMMENDATION
Staff recommends Council adoption of Ordinance No. 896 amending Section 15 -210 of the
Owasso Code of Ordinances which increases the fines for speeding in a work construction zone.
ATTACHMENT
Ordinance No. 896 - Maintenance and Construction Zones, Section 15 -210