HomeMy WebLinkAbout965_ObstructionTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 965
AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES,
CHAPTER 6, OFFENSES AGAINST PUBLIC AUTHORITY, SECTION 10-
614, OBSTRUCTION, OF THE CODE OF ORDINANCES OF THE CITY
OF OWASSO, OKLAHOMA, AMENDING SAME BY MAKING IT
UNLAWFUL FOR ANY PERSON TO WILLFULLY DELAY OR
OBSTRUCT ANY PUBLIC OFFICER.
THIS ORDINANCE AMENDS PART 10, CHAPTER 6, OF THE CITY OF
OWASSO CODE OF ORDINANCES BY ADDING A NEW SECTION TO BE
CODIFIED AS SECTION 10 -614, OBSTRUCTION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Six, Offenses against Public
Authority, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by
providing and codifying a new ordinance as follows:
SECTION 10 -614 OBSTRUCTION
It shall be unlawful for any person to willfully delay or obstruct any public officer
in the discharge of the public officer's duties.
SECTION TWO (2): REPEALER
All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
SECTION THREE (3): 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 FOUR (4): 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 FIVE (5): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be
codified in Part 10, Chapter 6, as section 10 -614.
At
PASSED by the City Council of the City of Owasso, Oklahoma on the day of March,
2010.
Sherry Bishop/,City Cler OFFICIAL k $EAI,
(SEAL)
Steph Cataudella, Mayor
APPROVED as to form and legality this day of March, 2010.
Julie Lombardi
City Attorney
PUBLISHER'S AFFIDAVIT
ORD NO. 965
PUBLICATION DATE(S)
03/25/10
CASH: NUMBER: ORD NO. 965
NO: 00099821
LEGAL NOTICE
STATE OF OKLAHOMA
COUN'T'Y OF Tulsa I SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a weekly newspaper
ol' scrleral circulation in Tulsa, Oklahoma, a newspaper quali-
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
Icgal publications. That said notice, a true copy of which is
111ached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
n supplement, on the ABOVE LISTED DATE(S)
sentative Signature
Subscribed to and sworn to me this 26th day of March, 2010.
Notary Public
NAl CY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer-: CITY OF OWASSO
NIANCV CAPO. MCORE
Publisher's Fee: 88.20 l
December 2010 i
99821
Published in the Owasso Reporter, Owasso, Tulsa County,
Oklahoma, March 25, 2010,
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 965
AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES,
CHAPTER 6, OFFENSES AGAINST PUBLIC AUTHORITY, SEC-
TION 10 -614, OBSTRUCTION, OF THE CODE OF ORDINANCES
OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY
MAKING IT UNLAWFUL FOR ANY PERSON TO WILLFULLY
DELAY OR OBSTRUCT ANY PUBLIC OFFICER.
THIS ORDINANCE AMENDS PART 10, CHAPTER 6, OFTHE CITY
OF OWASSO CODE OF ORDINANCES BY ADDING A NEW SEC-
TION TO BE CODIFIED AS SECTION 10 -614, OBSTRUCTION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): Part Ten. Offenses & Crimes, Chapter Six,
Offenses against Public Authority, of the Code of Ordinances of the
City of Owasso, Oklahoma, shall be amended by providing and cod-
ifying a new ordinance as follows:
SECTION 10 -614 OBSTRUCTION
It shall be unlawful for any person to willfully delay or obstruct any
public officer in the discharge of the public officer's duties.
SECTION TWO (2): REPEALER
All ordinances, or parts of ordinances, in conflict with this ordinance
are hereby repealed to the extent of the conflict only.
SECTION THREE (3): 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 FOUR (4): 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 FIVE (5): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by
adding a new ordinance to be codified in Part 10, Chapter 6, as sec-
tion 10 -614.
PASSED by the City Council of the City of Owasso, Oklahoma on the
16th day of March, 2010.
/s/ Stephen Cataudella, Mayor
ATTEST:
/s/ Sherry Bishop, City Clerk
APPROVED as to form:
/s/ Julie Lombardi, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: ORDINANCE NO. 965 - OBSTRUCTION
DATE: March 12, 2010
BACKGROUND:
MAR 16 2010
Proposed ordinances have been presented to the City Council for consideration which would
repeal the City's current ordinance entitled "Resisting Public Officials" and adopt three
individual ordinances prohibiting persons from resisting, interfering and obstructing public
officer's while such officer is discharging their official duties. The primary reasons for this
action are:
1) In an effort to align our local Code of Ordinances with statutory state law;
2) To enable and authorize prosecution of selected offenses within the City of Owasso's
Municipal Court System rather than by referral to the District Attorney for prosecution in
the District Court of Tulsa County; and
3) To better enable the Owasso Police Department in its efforts to provide law enforcement
services. The Police Department has noted ordinances contained in Part 10, Chapter 6,
which are overlapping, unclear, or different than the corollary state statute. In an effort to
resolve these omissions and disparities within our Code, amendment and enactment of
the ordinances discussed below is recommended.
Adoption of the proposed ordinances allows offenders to be prosecuted within our municipal
court rather than requiring that the matter be forwarded to the Tulsa County District Attorney,
and provides greater clarity to an officer in making an arrest. While the Police Department has
authority to issue citations or make arrests for violations of state statutes, including those
discussed below, the matter cannot be prosecuted within Owasso's Municipal Court System.
This issue is of importance because the District Attorney has declined to prosecute various
offenses in a number of instances, thereby leaving the Owasso Police Department without an
alternative avenue of prosecution. The department has been hampered in its efforts to prevent
certain types of conduct because the current Owasso Code of Ordinances does not clearly or
adequately address or prohibit the conduct, and the District Attorney is reluctant to prosecute
these types of matters due to time, personnel and money constraints, as well as overcrowded
dockets within the State court system. As a result, officers within our department are unable to
effectively enforce the law.
In addition to these concerns, officers are at times unable to make justifiable and valid arrests
because the current Owasso Code of Ordinances does not contain a clear ordinance prohibiting
the unlawful conduct. In that instance, the department is faced with the choice of either
declining to make the arrest or arresting the offender for an offense which is "close to" the
offending conduct but which does not precisely prohibit the offender's actions. Prosecution
under a "close to" offense consistently is subject to dismissal within the court system and thereby
inhibits and obstructs the department's efforts to provide effective law enforcement services.
Finally, and quite significantly, clearly worded ordinances which precisely state the conduct to
be prohibited, and which mirror the state statute prohibiting this conduct, are much less likely to
lead to legal actions and litigation when arrests for these offenses are made. A municipality's
chances of prevailing in a lawsuit arising out of an arrest for conduct clearly prohibited by an
ordinance which is clearly understood and contains the same language as its corollary within the
state's statutes are notably increased.
DISCUSSION OF PROPOSED ORDINANCES:
Ordinance No. 963 - Resisting a Public Officer 10 -612; Renumbering of Part 10, Chapter 6
This ordinance is designed to prohibit resistance through the use of force or violence upon a
public officer during performance of the officer's duties. This proposed ordinance would
address unlawful conduct, including force or violence from the person whom the officer is
addressing or arresting.
In addition to the prohibition of resistance, this ordinance proposes that each of the ordinances
contained within Part 10, Offense and Crimes, Chapter Six, Offenses against Public Authority,
be renumbered as proposed therein. Such renumbering will simplify and clarify Chapter 6 in a
logical and cohesive manner.
Ordinance No. 964 - Interference 10 -613
This section is intended to prohibit interference, by any person, with a public officer while the
officer is in the discharge of his or her official duties. This proposed ordinance would target
unlawful conduct constituting interference from a third party during an officer's contact with or
arrest of another person.
Ordinance No. 965 - Obstruction 10 -614
This ordinance is intended to prevent the delay or obstruction of any public officer while such
officer is discharging his or her duties. This proposed ordinance seeks to prohibit unlawful
conduct constituting a willful delay or obstruction of any public officer in the performance of the
officer's duties. This proposed ordinance, like the related state statutes, is similar to the
Resisting a Public Officer ordinance above but does not require that the conduct include force or
violence.
Ordinance No. 966 - Repeal of Section 10 -612 Resisting Public Officials
If the three proposed ordinances set forth above are adopted by the City Council, the subject
matter contained within current Section 10 -612, Resisting Public Officials, will be redundant and
thereby rendered unnecessary. Therefore, it is recommended that the current Section 10 -612,
Resisting Public Officials, be repealed.
RECOMMENDATION:
Staff recommends City Council approval of Ordinance No. 965.
ATTACHMENTS:
A. Ordinance No. 965 - Obstruction