HomeMy WebLinkAbout966_Repeal_Resisting Public Officials_Ord Section 10.612Tulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 966
AN ORDINANCE REPEALING PART 10, OFFENSES & CRIMES,
CHAPTER 6, OFFENSES AGAINST PUBLIC AUTHORITY, SECTION
10 -612, RESISTING PUBLIC OFFICIALS, OF THE CODE OF
ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA.
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, Section 10 -612, Resisting Public Officials, of the Code of Ordinances of the City of
Owasso, Oklahoma, SHALL BE REPEALED:
Section 10 -612 to be repealed reads as follows:
SECTION 10 -612 RESISTING PUBLIC OFFICIALS
It is unlawful for any person knowingly or willfully to:
1. Obstruct the chief of police, any other police officer, the municipal judge, or any
other officer or employee of the city in the discharge of his official duties;
2. Threaten or otherwise intimidate or attempt to intimidate any such officer or
employee from the discharge of his official duties; or
3. Assault or beat, or revile, abuse, be disrespectful to, use abusive or indecent
language toward or about, any such officer or employee while such officer or
employee is in the discharge of his official 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All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the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
This ordinance shall repeal Part 10, Chapter 6, section 10 -612 in the Owasso Code of
Ordinances.
PASSED by the City Council of the City of Owasso, Oklahoma on the –� day of March,
Stephen Cataudella, Mayor
ATTES
OFFICIAL
Sherry Bishop, 97ity Clerk
(SEAL)
APPROVED as to form and legality this �� day of March, 2010.
Julie Lombardi
City Attorney
PUBLISHER'S AFFIDAVIT
ORD NO. 966
PUBLICATION DATE(S)
03/25/10
CASE NUMBER: ORD NO. 966
AD NO: 00099822
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa I SS
1, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a weekly newspaper
ol' general circulation in Tulsa, Oklahoma, a newspaper quali-
fied to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
,ind 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
amached 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 26th day of March, 2010.
Notary Public's
CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
CITY OF OWASSO
Publisher's Fee: 103.60
8, 2010
# 0601,1684
99822
Published in the Owasso Reporter, Owasso, Tulsa County,
Oklahoma, March 25, 2010.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 966
AN ORDINANCE REPEALING PART 10, OFFENSES & CRIMES,
CHAPTER 61 OFFENSES AGAINST PUBLIC AUTHORITY, SEC-
TION 10 -612, RESISTING PUBLIC OFFICIALS, OF THE CODE OF
ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA.
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, Section 10 -612, Resisting Public
Officials, of the Code of Ordinances of the City of Owasso,
Oklahoma, SHALL BE REPEALED:
Section 10 -612 to be repealed reads as follows:
SECTION 10 -512 —RE STIN(' P OFFICALS
It is unlawful for any person knowingly or willfully to.
1. Obstruct the chief of police, any other police officer, the municipal
judge, or any other officer or employee of the city in the discharge of
his official duties;
2. Threaten or otherwise intimidate or attempt to intimidate any such
officer or employee from the discharge of his official duties, or
3. Assault or beat, or revile, abuse, be disrespectful to, use abusive
or indecent language toward or about, any such officer or employee
while such officer or employee is in the discharge of his official
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
This ordinance shall repeal Part 10, Chapter 6, section 10 -612 in the
Owasso Code of Ordinances.
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:
FROM:
SUBJECT:
DATE:
THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
JULIE TROUT LOMBARDI
CITY ATTORNEY
M06110, 441010)
MAR 16 2010
ORDINANCE NO. 966 — REPEAL OF RESISTING PUBLIC OFFICIALS
ORDINANCE
March 12, 2010
BACKGROUND:
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
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; Renumberiny, 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. 966.
ATTACHMENTS:
A. Ordinance No. 966 — Repeal of Resisting Public Officials Ordinance