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HomeMy WebLinkAbout945_Establishing Curfew Public Parks_11 pm 5 amTulsa County Clerk - EARLENE WILSON Doc # 2009088238 Page(s): 2 8 Recorded 08/24/2009 at 11:26 AM Receipt # 165335 Fee $15.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 945 AN ORDINANCE RELATING TO PART 11, PARKS, RECREATION & CULTURAL AFFAIRS, CHAPTER 1, ADMINISTRATION AND CONTROL OF PARKS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY PROHIBITING PERSONS FROM BEING PRESENT ON CITY PARK PROPERTY FROM 11 P.M. TO 5 A.M. THIS ORDINANCE AMENDS PART 11, CHAPTER 1, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ADDING A NEW SECTION TO BE CODIFIED AS SECTION 11 -116, PARK CURFEW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Eleven, Parks, Recreation & Cultural Affairs, Chapter One, Administration and Control of Parks, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION 11 -116 PARK CURFEW SECTION TWO (2): It shall be unlawful for any person to be on or within the premises of any city park property between the hours of 11 p.m. and 5 a.m. SECTION THREE (3): REPEALER A. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY B. 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 C. 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 D. The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 11, Chapter 1, as section 11 -116. PASSED by the City Council of the City of Owasso, Oklahoma on the / day of 92009. Stephen Cataudella, Mayor ATTES Sherry Bishop ity Clerk OFFICIAL SEAL as to and legality this 14 day of Auq 2009. City Attorney AFFIDAVIT PUBLISHER'S ORD NO. 945 87918 PUBLICATION DATE(S) Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, August 25, 2009. 08/25/09 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 945 I, of lawful age, being duly sworn, am a legal representative of AN ORDINANCE RELATING TO PART 11, PARKS, RECREATION CASE NUMBER: ORD NO. 945 & CULTURAL AFFAIRS, CHAPTER 1, ADMINISTRATION AND CONTROL OF PARKS, OFTHE CODE OF ORDINANCES OFTHE circulation in Tulsa, Oklahoma, a newspaper quah CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY PRO- of general fied to publish legal notices, advertisements and publications as HIBITING PERSONS FROM BEING PRESENT ON CITY PARK provided in Section 106 of Title 25, Oklahoma Statutes 1971 PROPERTY FROM 11 P.M. TO 5 A.M. fter, and complies with all and 1982 as amended, and thereafter, THIS ORDINANCE AMENDS PART 11, CHAPTER 1, OFTHE CITY AD NUMBER: 00087918 OF OWASSO CODE OF ORDINANCES BY ADDING A NEW SEC - other Icgal publications. That said notice, a true copy of which is TION TO BE CODIFIED AS SECTION 11 -116, PARK CURFEW. attached hereto was published in the regular edition of said BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, LEGAL NOTICE OKLAHOMA,THAT,TO -WIT: a supplement, On the ABOVE LISTED DATE(S) SECTION ONE (1): Part Eleven, Parks, Recreation & Cultural Affairs, Chapter One, Administration and Control of Parks, of the STATE OF OKLAHOMA Code of Ordinances of the City of Owasso, Oklahoma, shah oe Samended by providing and codifying as follows: COUNTY OF Tulsa SECTION 11 -116 PARK CURFEW I, of lawful age, being duly sworn, am a legal representative of SECTION TWO (2): OWaSSO Reporter Of Owasso, Oklahoma, a Weekly newspaper It shall be unlawful for any person to be on or within the premises of any city park property between the hours of 11 p.m. and 5 a.m. circulation in Tulsa, Oklahoma, a newspaper quah of general fied to publish legal notices, advertisements and publications as SECTION THREE REPEALER provided in Section 106 of Title 25, Oklahoma Statutes 1971 A. All ordinances, or parts of ordinances, in conflict with this ordi- nce are hereby repealed to the extent of the conflict only. fter, and complies with all and 1982 as amended, and thereafter, requirements of the laws of Oklahoma with reference to SECTION FOUR (4): SEVERABILITY other Icgal publications. That said notice, a true copy of which is B. If any part or parts of this ordinance are deemed unconstitution- al, invalid or ineffective, the remaining portion shall not be affected attached hereto was published in the regular edition of said but shall remain in full force and effect. newspaper during the period and time of publication and not in SECTION FIVE (5): DECLARING AN EFFECTIVE DATE a supplement, On the ABOVE LISTED DATE(S) C. 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 D. The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 11, Chapter 1, as sec - Representative Signature PASSED by the City Council of the City of Owasso, Oklahoma on the Subscribed to and sworn to me this 26th day of August, 2009. 18th day of August, 2009. /s/ Stephen Cataudella, Mayor A.-TEST: Notary Public /s/ Sherry Bishop, City Clerk NANC4 CAROL MOORF APPROVED as to form and legality: My commission number: 06011684 /s/ Julie Lombardi, City Attorney My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO NANCY CAROL MOORE Publisher's Fee: 99.40 °` Notary Public - State of Oklahoma Tulsa County My Commission Expires December 8, 2010 Commission # 06011684 APPROVED BY COUNCIL AUb 1$ LUU9 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: PROPOSED ORDINANCES ANIMAL EXCREMENT AND PARK CURFEW DATE: AUGUST 14, 2009 BACKGROUND: Two ordinances are proposed for adoption by the City Council. The first ordinance, Animal Excrement, would require pet owners to dispose of excrement deposited by their pet on public property or on the private property of another person or entity. The second ordinance, Park Curfew, would impose a curfew from 11 p.m. to 5 a.m. in the City's parks and is intended to increase both protection to citizens and prevention of criminal activities from taking place in the city's parks during the nighttime hours. DISCUSSION OF ORDINANCES: A. Animal Excrement Proposed Ordinance No. 944 would require pet owners to immediately remove excrement deposited by their pet on any public property or on the private property of another person or entity. The majority of cities in Oklahoma, and throughout the United States, have adopted similar ordinances. An ordinance of this nature promotes health and sanitation while simultaneously placing full responsibility for a pet's waste upon the owner rather than the public or another property owner. B. Park Curfew Proposed Ordinance No. 945 would impose a curfew in the City's parks from 11 p.m. until 5 a.m. The proposed ordinance has the dual goals of increasing safety during the nighttime hours and reducing potential vandalism and other crimes during that period of time as well. Imposing a curfew from 11 p.m. to 5 a.m. has a number of benefits including the prevention of vandalism in the parks, enhancing the safety of park users, reducing potential accidents during the nighttime hours in parks without lights designed for night usage and preventing potential criminal acts by both adults and juveniles in the parks during the nighttime hours. RECOMMENDATION: Staff recommends City Council approval of the proposed Animal Excrement and Park Curfew ordinances. ATTACHMENTS: 1. Proposed Ordinance No. 944 2. Proposed Ordinance No. 945