HomeMy WebLinkAbout977_TruancyTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 977
AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES, CHAPTER 4, OFFENSES AGAINST THE
HEALTH, WELFARE & MORALS, SECTION 10-426, TRUANCY, OF THE CODE OF ORDINANCES OF THE CITY
OF OWASSO, OKLAHOMA, MAKING IT UNLAWFUL FOR CHILDREN BETWEEN THE AGES OF TWELVE (12)
AND EIGHTEEN (18) TO NEGLECT OR REFUSE TO ATTEND SCHOOL, AND AUTHORIZING ISSUANCE OF A
CITATION BY LAW ENFORCEMENT IF A CHILD IS DEEMED TRUANT AS DEFINED BY SCHOOL DISTRICT
POLICY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT:
SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Four, Offenses Against the Health,
Welfare & Morals, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended
and codified as follows:
SECTION 10-426 TRUANCY
A. It shall be unlawful for any child who is over the age of twelve (12) years and under the age
of eighteen (18) years, and who has not finished four (4) years of high school work, to
neglect or refuse to attend and comply with the rules of some public, private or other
school, or receive an education by other means for the full term the schools of the district
are in session; provided, that this section shall not apply if any child:
(1) Is prevented from attending school by reason of mental or physical ability, to be
determined by the Board of Education of the district upon a certificate of the school
physician or public health physician or, if no such physician is available, a duly licensed
and practicing physician;
(2) Is excused from attendance at school, due to an emergency, by the principal
teacher of the school in which the child is enrolled, at the request of the parent,
guardian, custodian or other person having control of such child;
(3) Who has attained his or her sixteenth birthday is excused from attending school by
the school administrator in the school district where the child attends school, and the
parent, guardian or custodian of the child unless and until it has been determined that
such action is for the best interest of the child and/or the community, and that such child
shall thereafter be under the supervision of the parent, guardian or custodian until the
child has reached the age of eighteen.
B. Any child under the age of eighteen (18) years who has been deemed truant by the school
administrator in the school district where the child attends school shall be subject to citation
by a law enforcement officer. A citation for truancy shall require a mandatory appearance
in Municipal Court by the child. A parent, guardian or custodian shall also appear in
Municipal Court with the child.
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 4, as section 10-426.
PASSED by the City Council of the City of Owasso, Oklahoma on the 21st day of December, 2010.
t? Doug Bonebrake, Mayor
APPROVED as to form and legality this 10 s f- day of December, 2010.
Julie Lombardi, City Attorney
PUBLISHER'S AFFIDAVIT
ORD NO. 977
PUBLICATION DATE(S)
12/29/10
CASE NUMBER: ORD NO. 977
AD NUMBER: 00116655
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa SS
I, of lawful age, being duly sworn, am a legal representative
of Owasso Reporter of Owasso, Oklahoma, a weekly newspa-
per of general circulation in Tulsa, Oklahoma, a newspaper
qualified to publish legal notices, advertisements and publica-
tions as provided in Section 106 of Title 25, Oklahoma
Statutes 1971 and 1982 as amended, and thereafter, and com-
plies 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 publi-
cation and not in a supplement, on the ABOVE LISTED
DATE(S)
Representati Signature
Subscribed to and sworn to me this 30th day of December, 2010.
Notary Public
CARMEN T P
My commission number: 06011683
My commission expires: December 8, 2014
Customer 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 133.00
CARMEN TAPP
NOTARY PUBLIC
STATE OF OKLAHOMA
COMMISSION NO. 06011683
EXPIRES 12-8-2014
116655
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
December 29, 2010.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 977
AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES,
CHAPTER 4, OFFENSES AGAINST THE HEALTH, WELFARE &
MORALS, SECTION 10-426, TRUANCY, OF THE CODE OF ORDI-
NANCES OF THE CITY OF OWASSO, OKLAHOMA, MAKING IT
UNLAWFUL FOR CHILDREN BETWEEN THE AGES OF TWELVE
(12) AND EIGHTEEN (18) TO NEGLECT OR REFUSE TO ATTEND
SCHOOL, AND AUTHORIZING ISSUANCE OF A CITATION BY LAW
ENFORCEMENT IF A CHILD IS DEEMED TRUANT AS DEFINED BY
SCHOOL DISTRICT POLICY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO-WIT-
SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Four,
Offenses Against the Health, Welfare & Morals, of the Code of
Ordinances of the City of Owasso, Oklahoma, shall be amended and
codified as follows:
SECTION 10.426 TRUANCY
A. It shall be unlawful for any child who is over the age of twelve (12)
years and under the age of eighteen (18) years, and who has not fin-
ished four (4) years of high school work, to neglect or refuse to attend
and comply with the rules of some public, private or other school, or
receive an education by other means for the full term the schools of the
district are in session; provided, that this section shall not apply if any
child:
(1) Is prevented from attending school by reason of mental or physical
ability, to be determined by the Board of Education of the district upon
a certificate of the school physician or public health physician or, if no
such physician is available, a duly licensed and practicing physician;
(2) Is excused from attendance at school, due to an emergency, by the
principal teacher of the school in which the child is enrolled, at the
request of the parent, guardian, custodian or other person having con-
trol of such child;
(3) Who has attained his or her sixteenth birthday is excused from
attending school by the school administrator in the school district where
the child attends school, and the parent, guardian or custodian of the
child unless and until it has been determined that such action is for the
best interest of the child and/or the community, and that such child shall
thereafter be under the supervision of the parent, guardian or custodi-
an until the child has reached the age of eighteen.
B. Any child under the age of eighteen (18) years who has been
deemed truant by the school administrator in the school district where
the child attends school shall be subject to citation by a law enforce-
ment officer. A citation for truancy shall require a mandatory appear-
ance in Municipal Court by the child. A parent, guardian or custodian
shall also appear in Municipal Court with the child.
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, Chapter4, as section 10-426.
PASSED by the City Council of the City of Owasso, Oklahoma on the
21st day of December, 2010.
/s/Doug Bonebrake, Mayor
/s/ Sherry Bishop, City Clerk
/s/ Julie Lombardi, City Attorney
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie T. Lombardi
City Attorney
SUBJECT: Proposed Truancy Ordinance & Amendment of Mandatory Seat Belt Use
Ordinance
DATE: December 17, 2010
BACKGROUND:
A. Truancy
Reduction of student truancy is a goal jointly shared by the Owasso Police Department
and the Owasso Public Schools. As a part of that effort, the Police Department and the
schools have requested that the City of Owasso consider enactment of an ordinance
imposing penalties upon truant students. This ordinance would allow police officers to
issue a citation to any student deemed truant by the school. The definition of "truant"
and "truancy" shall be established by school district policy. School District policy
currently provides that a student is truant when he or she is absent, or is not in his or her
assigned area within the school at the designated time, without parental or school
permission.
The proposed ordinance authorizes the City's police officers to issue a citation to any
student deemed truant by the schools. The citation would compel a mandatory court
appearance by the truant student and would further require attendance at the court
proceeding by the student's parent or legal guardian. As in other juvenile matters
adjudicated in Owasso's Municipal Court, the judge may make an assessment of the
circumstances in each case and determine the appropriate sentence or other court
action. The Court's sentencing options include ordering the minor to return to school,
imposition of a fine and/or community service, referral for individual or family counseling,
referral of the truant student for an alcohol or drug assessment if indicated and any other
incentives or consequences the Court determines are necessary.
Currently, police officers have few or no options when dealing with a student who refuses
to attend school. Not uncommonly, the request for law enforcement assistance is made
by the child's parent or guardian who is unable for whatever reason to compel school
attendance by the child. Under the proposed ordinance, police officers would be
authorized to issue a citation to the minor which requires him or her to appear in
Municipal Court thereby subjecting the truant child to the court's jurisdiction and
supervision. This is particularly desirable in situations where sanctions imposed by the
parent and the school are no longer effective in compelling school attendance by the
child.
B. Mandatary Seat Belt Use
Owasso Municipal Code Section 15-308, "Mandatory Seat Belt Use," substantially mirrors
state law and requires that children under the age of four (4) to be placed in an
approved child passenger restraint system when travelling in a motor vehicle. However,
the companion state statute upon which that ordinance is based, 1 1 O.S. § 1 112, entitled
"Child Passenger Restraint System" has recently been amended by the State Legislature
to increase the age of the child required to use a child passenger restraint system from
four (4) to six (6) years of age.
The Owasso Police Department and the Municipal Court have recommended
amendment of the City's ordinance to increase the age of a child required to use a
child passenger restraint system from four (4) to six (6) years commensurate with the
changes in the state law. In addition, the language contained within subsection (E) of
this section addressing fines which may be imposed upon violators has also been revised.
State law specifying what fines may be imposed by municipal courts is revised frequently.
The fine schedule used by Owasso's Municipal Court is reviewed annually and revisions
are made wherever needed so that the City's Municipal Court fine schedules are fully
compliant with state law limitations. Accordingly, staff consistently recommends removal
of old and/or inapplicable language specifying dollar amounts of allowable fines for any
particular offense. A proposed amendment of the City Code Section 15-308 reflecting
the recommended changes is provided for your review.
PROPOSED ACTION:
Adoption of proposed Ordinance No. 977, "Truancy," and approval of the proposed
amendment in Ordinance No. 976, "Mandatory Seat Belt Use."
RECOMMENDATION:
Staff recommends City Council approval of Ordinance No. 976 and Ordinance No. 977.
ATTACHMENT:
A. Ordinance No. 976, Mandatory Seat Belt Use
B. Ordinance No. 977, Truancy