HomeMy WebLinkAbout981_Amend Part 15 ch 1-5, 13_TrafficTulsa County Clerk - EARLENE WILSON
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Owasso, OKLAHOMA
ORDINANCE NO. 981
AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 1 , GENERAL
PROVISIONS, CHAPTER 2, ENFORCEMENT, CHAPTER 3, VEHICLE EQUIPMENT, CHAPTER 4,
SPEED REGULATIONS, CHAPTER 5, DRIVING, OVERTAKING, PASSING AND CHAPTER 13,
MOTORCYCLES, SECTIONS 15 -103, 15 -215, 15 -216, 15 -217, 15 -223, 15 -306, 15 -307, 15 -402,
15 -515, 15 -540 AND 15 -1315 OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, AMENDING INDIVIDUAL SECTIONS AS SET FORTH BELOW.
THIS ORDINANCE AMENDS PART 15, CHAPTERS 1, 2, 3, 4, 5 & 13 OF THE CITY OF OWASSO
CODE OF ORDINANCES BY AMENDING THE SECTIONS NAMED ABOVE AND TO BE CODIFIED
AS SHOWN BELOW.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): Part Fift een, Traffic and Vehicles, Chapter One, General Provisions,
of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as
follows:
SECTION 15 -103 DEFINITIONS
As used herein:
1. "Alley" means any narrow highway ordinarily located in the interior portion of
platted blocks and ordinarily used for service or delivery purposes at the rear of stores,
dwellings, or buildings;
2. "Ambulance" means a motor vehicle constructed, reconstructed or arranged
for the purpose of transporting ill, sick, or injured persons;
3. 'Bicycle" means a device propelled by human power upon which any person
may ride, having two (2) tandem wheels, either of which is more than twenty (20) inches
in diameter;
4. "Bus" means every motor vehicle including church buses, designed for
carrying more than ten (10) passengers and used for the transportation of persons, and
every motor vehicle, other than a taxicab, designed and used for the transportation of
persons for compensation. A "church bus" is any bus operated by a nonprofit religious
organization which transports persons including school -age children to and from religious
activities;
5. "Controlled access highway' means every highway, street or roadway in
respect to which owners or occupants of abutting lands and other persons have no legal
right of access to or from the same except at such points only and in such manner as
may be determined by the public authority having jurisdiction over such highway, street
or roadway;
6. "Commercial vehicles" means every vehicle designed, maintained, or used
primarily for the transportation of property;
7. "Center lane' means any clearly marked center lane. If the center lane is not
marked and no cars are parked on the roadway, then the center lane is equally
distanced between the curbs or traveled portion of the roadway. In the event a vehicle
or vehicles are parked on one side of the roadway only, then the center lane is equally
distanced from the side of the parked vehicle or vehicles toward the street and curb on
the opposite roadway. If vehicles are parked on each side of the roadway, then the
center lane is equally distanced from the edges of the parked vehicles;
8. "Cross walk" means that part of a roadway at an intersection included within
the connections of the lateral lines of the sidewalks on opposite sides of the street
measured from the curbs; or in the absence of curbs from the edges of the traversable
roadway. "Cross walk" also means any portion of a roadway at an intersection or
elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the
surface;
9. "Drive' or "to drive' means to drive, operate or be in actual physical control of
a vehicle;
10. "Driver or operator" means a person who drives or is in actual physical control
of a vehicle;
11. "Emergency" means an unforeseeable occurrence of temporary duration
causing or resulting in an abnormal increase in traffic volume, cessation or stoppage of
traffic movement, or creation of conditions hazardous to normal traffic movement,
including fire, storm, accident, riot, or spontaneous assembly of large numbers of
pedestrians in such a manner as to impede the flow of traffic;
12. "Emergency vehicle" or "authorized emergency vehicle' means vehicles of the
fire department, police vehicles and ambulances;
13. "Highway," See Street;
14. "Intersection" means:
a. The area embraced within the prolongation or connection of the lateral
curb lines, or, if none, then the lateral boundary lines of the roadway of two
(2) streets, which join one another at, or approximately at, right angles, or the
area within which vehicles traveling upon different streets join at any other
angle, may come in conflict; or
b. Where a street includes two (2) roadways thirty (30) feet or more apart,
then every crossing of each roadway of such divided street by an intersecting
street, shall be regarded as a separate intersection. In the event such
intersecting street also includes two (2) roadways thirty (30) feet or more
apart, then every crossing of two (2) roadways of such streets shall be
regarded as separate intersections;
15. "Laned roadway" means a roadway which is divided into two (2) or more
clearly marked lanes for vehicular traffic;
16. "Limited access highway', see controlled access highway;
17. "Loading zone" means a space adjacent to a curb reserved for the exclusive
use of vehicles during the loading or unloading of passengers or material. A freight curb
loading zone is a loading zone for the exclusive use of vehicles during the loading or
unloading of freight; a passenger curb loading zone is a loading zone for the exclusive
use of vehicles during the loading or unloading of passengers;
18. "Limit lines" means boundaries of parking areas, loading zones and non - traffic
areas and lines indicating the proper place for stopping where stops are required;
19. "Motor cycle, motor scooter, and motor bicycle" mean a motor vehicle, other
than a tractor, having a seat or saddle for the use of the driver and designed to travel on
not more than three (3) wheels in contact with the ground, but excluding a tractor;
20. "Motor vehicle" means every vehicle which is self - propelled and every vehicle
which is propelled by electric power obtained from overhead trolley wires, but not
operated upon rails;
21. "Official time" shall mean whenever certain hours are named herein they shall
mean Central Standard Time, or Daylight Savings Time, as may be in current use in the
city;
22. "Official traffic control device" means all signs, signals, markings, and devices
not inconsistent with this ordinance, placed or erected by authority of a public body or
official having jurisdiction, for the purpose of regulating, warning, or guiding traffic;
23. "Park or parking" means the standing of a vehicle whether occupied or not,
otherwise than temporarily for the purpose of, and while actually engaged in loading or
unloading merchandise or passengers, providing such loading and unloading is in an
authorized place;
24. "Pedestrian" means any person afoot;
25. "Police officer' means every officer of the municipal police department, or
any officer authorized to direct or regulate traffic, or to make arrests for violation of traffic
regulations including authorized officers from other law enforcement agencies and
officers who have been cross - deputized by the City of Owasso;
26. "Private road or roadway" means a way or place in private ownership or
leading to property in private ownership and used for vehicular traffic by the owner and
those having express or implied permission from the owner;
27. "Railroad" means a carrier of persons or property upon cars other than
streetcars operated upon stationary rails;
28. "Railroad train" means a steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails, except streetcars;
29. "Residence district" means the territory contiguous to and including a highway
not comprising a business district;
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30. 'Right -of -way" means the privilege of the immediate use of the roadway. It is
the right of one vehicle or pedestrian to proceed in a lawful manner in preference to
another vehicle or pedestrian approaching under such circumstances of direction,
speed and proximity as to give rise to danger of collision unless one grants precedence
to the other;
31. 'Roadway' means that portion of a street improved, designed, ordinarily used
for vehicular travel, exclusive of the shoulders. In the event a street includes two (2) or
more separate roadways, the term roadway, as used herein, shall refer to any such
roadway, separately, but not to all such roadways, collectively;
32. "Safety zone' means the area or space officially set apart within a roadway
for the exclusive use of pedestrians and which is protected or is so marked or indicated
by adequate signs as to be plainly visible at all times, while set apart as a safety zone;
33. "School bus" means every motor vehicle owned by a public or governmental
agency and operated for the transportation of children to or from school or privately
owned and operated for compensation for the transportation of children to or from
school; provided, however, that this definition of "school bus" shall not be extended to
include buses normally used in city transit which may be used part time for the
transportation of school children during some portion of the day;
34. "School zone" means all streets or portions of streets immediately adjacent to
a school, or school ground, where same is adjacent and for a distance of three hundred
(300) feet in each direction;
35. "Sidewalk" means that portion of a street between the curb lines or at lateral
lines of the roadway and adjacent property lines, intended for use of pedestrians;
36. "Stand" or "standing" means any stopping or halting of a vehicle whether
occupied or not, otherwise than temporarily for the purpose of and while actually
engaged in receiving or discharging passengers;
37. "Stop," when required, shall mean the complete cessation from movement;
38. "Stop or stopping," when prohibited, means any halting even momentarily of
a vehicle whether occupied or not, except when necessary to avoid conflict with other
traffic or in compliance with the direction of a police officer or traffic signal;
39. "Street" or "highway" means the entire width between the boundary lines of
every way when any part thereof is open to the use of the public for purposes of
vehicular travel;
40. 'Through street or highway" means a street, or boulevard or highway or
portion thereof at the entrances to which:
a. Vehicular traffic from intersecting streets or highways is required by law
to come to a full stop before entering or crossing; and
b. Stop signs are erected as provided in this part;
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41. 'Traffic" means pedestrians, ridden or herded animals, vehicles and other
conveyances, either singularly or together, while using any highway or street for purpose
of travel;
42. 'Traffic control devices or signals" mean any device legally authorized and
used for the purpose of regulating, warning or guiding traffic;
43. "U-turn" means a turn by which a vehicle reverses its course of travel on the
same street;
44. "Vehicle" means every device in, upon, or by which any person or property is,
or may be transported, or drawn, upon a highway or street, except devices moved by
human power or used exclusively upon stationary rails or tracks.
State Law Reference: Definitions, state traffic code, 47 O.S. Sections 1 -101 et seq.
SECTION TWO (2): Part Fifteen, Traffic and Vehicles, Chapter Two, Enforcement, of
the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows:
SECTION 15 -215 AUTHORIZED EMERGENCY VEHICLES
A. The driver of an authorized emergency vehicle, when responding to an
emergency call or when in the pursuit of an actual or suspected violator of the law or
ordinance or when responding to but not upon returning from a fire alarm, may exercise
the privileges set forth in this section, but subject to the conditions stated in this section.
B. The driver of an authorized emergency vehicle may do any of the following
when in pursuit of an actual or suspected violator of the law or ordinance or when
responding to but not upon returning from a fire alarm:
Park or stand, irrespective of the provisions of this part;
2. Proceed past a red or stop signal or stop sign, but only after slowing
down as may be necessary for safe operation;
3. Exceed the maximum speed limits so long as life or property is not
endangered; or
4. Disregard regulations governing direction of movement or turning in
specific directions.
C. The exemptions granted in this section to an authorized emergency vehicle
shall apply only when the driver of any such vehicle is properly and lawfully making use
of an audible signal or of flashing red or blue lights or a combination of flashing red and
blue lights except that an authorized emergency vehicle operated as a police vehicle
need not be equipped with or display a red light visible from in front of the vehicle.
D. The provisions of this section shall not relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the safety of all persons,
nor shall such provisions protect the driver from the consequences of his reckless
disregard for the safety of others.
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State Law Reference: Emergency vehicle driving rules, 47 O.S. Section 11 -106.
SECTION 15 -216 OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED
EMERGENCY VEHICLES
A. Upon the immediate approach of an authorized emergency vehicle making
use of audible and visual signals meeting the requirements of the laws of this state, or of
a police vehicle properly and lawfully making use of an audible signal only, the driver of
every other vehicle shall yield the right of way and shall immediately drive to a position
parallel to, and as close as possible to, the right hand edge or curb of the roadway clear
of any intersection, and shall stop and remain in such position until the authorized
emergency vehicle has passed, except when otherwise directed by a police officer.
B. This section shall not be construed to require an officer operating a police
vehicle properly and lawfully in response to a crime in progress to use audible signals, nor
shall it operate to relieve the driver of an authorized emergency vehicle from the duty to
drive with due regard for the safety of all persons using the highway.
State Law Reference: Authorized emergency vehicles and their equipment, 47 O.S.
Sections 11 -106, 12 -218; approach of emergency vehicles, 47 O.S. Section 1 1 -405.
SECTION 15 -217 ACCIDENTS, DUTY TO STOP
A. The driver of any vehicle involved in an accident resulting in injury to or death
of any person or damage to any vehicle or property shall immediately stop his vehicle at
the scene of such accident, or as close thereto as possible, return to and remain at the
scene of the accident until he has given his name, address and the registration of his
vehicle and shall upon request exhibit his driver's license to the person injured or the
driver or occupant of, or person attending, any vehicle collided with, and shall render to
any person injured in such accident reasonable assistance, including the carrying or
making arrangement for the carrying of such persons to a physician, surgeon or hospital
for medical and surgical treatment if it is apparent that this treatment is necessary, or if
such is requested by the injured person. Each such stop shall be made without
obstructing traffic more than is necessary.
B. The driver of a vehicle which is in any manner involved in an accident
resulting in bodily injury to or death of any person, or in which it is apparent that damage
to one vehicle or other property is in excess of the amount provided for by state law,
shall, as soon as practicable, report such accident to a police officer or to the police
department. If a driver makes out a written report of the accident in the office of the
police department as soon as practicable after the accident, which report is to be
forwarded to the state department of public safety in accordance with state law, the
driver shall be deemed to be in compliance with this section.
C. Any person failing to stop or to comply with any of the requirements of this
section shall be guilty of a misdemeanor and upon conviction thereof may be fined as
provided in Section 1 -108 of this code.
State Law Reference: Accident reports, 47 O.S. Sections 10 -101 et. seq.
SECTION 15 -223 DISPOSITION AND RECORDS OF TRAFFIC CITATIONS, WARRANTS,
AND COMPLAINTS
A. Every police officer upon issuing a traffic citation to an alleged violator of any
provision of the motor vehicle laws of this state or any traffic law of this city shall deposit
the original and a duplicate copy of the citation with the municipal court.
B. Upon the filing of the original citation in the municipal court, the citation may
be disposed of only by trial in the court or by other official action by a judge of the court,
including forfeiture of bail or by payment of a fine.
C. The chief of police shall maintain a record of all warrants issued by the
municipal court which are delivered to the police department for service, and of the
final disposition of the warrants.
D. No member of the police department or other officer or public
employee shall dispose of, alter, or deface a traffic citation or any copy thereof, or the
record of the issuance or disposition of any traffic citation, complaint, or warrant, other
than to correct or supplement information contained in the document, in a manner
other than as required in this chapter.
SECTION THREE (3): Part Fifteen, Traffic and Vehicles, Chapter Three, Vehicle
Equipment, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be
amended as follows:
SECTION 15 -306 INSPECTION OF VEHICLES
A. City of Owasso police officers may at any time, with reasonable cause
and belief that a vehicle is unsafe or not equipped as required by law, contains
equipment that is not in proper adjustment or repair or that the operator of the vehicle is
not properly licensed, require the driver to stop and submit the vehicle to an inspection
and test as may be appropriate.
B. In the event a vehicle or combination of vehicles is found to be in an
unsafe mechanical condition or not properly equipped as required by law, the officer
making the inspection may give the driver a notice of arrest or written warning. Any
person producing proof within ten (10) working days from the date the citation was
issued that a condition or equipment for which the person was cited as defective,
missing, prohibited, improper, unauthorized or otherwise in violation of this section has
been remedied shall be entitled to dismissal of the charges without assessment of court
costs.
C. No person shall operate or cause to be operated any vehicle or
combination of vehicles after notice of arrest or written warning has been issued of
unsafe condition or that the vehicle is not equipped as required by law, except as may
be necessary to return such vehicle or combination of vehicles to the residence or place
of business of the owner or driver if within a distance of twenty (20) miles or to a garage
until the vehicle and its equipment have been made to conform with the requirements
of this section.
D. Any vehicle or combination of vehicles found to have major mechanical
defects which would be hazardous to other users of the streets if the vehicle were driven
7
from the place of inspection shall be towed to a garage for repairs, and any repair
charge, tow charge or storage charge for the repair, removal and storing of the vehicle
shall be the obligation of the owner or operator.
State law reference: 47 O.S. § 13 -102, Officers May Inspect a Vehicle and its
Equipment.
SECTION 15 -307 MAINTENANCE AND ADJUSTMENT OF BRAKES
REPEAL
SECTION FOUR (4): Part Fifteen, Traffic and Vehicles, Chapter Four, Speed
Regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be
amended as follows:
SECTION 15 -402 SCHOOL ZONES
A. The speed in school zones shall be as posted. The maximum speed limit shall
be forty -five (45) miles per hour.
No vehicle shall be allowed to park in a posted school zone.
803.
State Law Reference: Local authority to set speed limits, 47 O.S. § 15 -102 and § 1 1-
SECTION FIVE (5): Part Fifteen, Traffic and Vehicles, Chapter Five, Driving,
Overtaking, Passing, of the Code of Ordinances of the City of Owasso, Oklahoma, shall
be amended as follows:
SECTION 15 -515 OVERTAKING AND PASSING IN SCHOOL ZONES
A. No driver of a vehicle shall pass any other vehicle which is in motion and
being driven in the same direction in any school zone when schools are in session.
B. Wherever a school zone is located on a multiple lane street which is
divided into three (3) or more clearly marked lanes for traffic or where the right half of the
roadway has been divided into two (2) or more lanes, or on one -way streets, vehicles
shall be allowed to pass slower moving vehicles being driven in the same direction where
passing does not involve a change of lane movement.
SECTION 15 -540 LOADS ON VEHICLES
A. No vehicle shall be driven or moved on any highway unless the vehicle is so
constructed or loaded as to prevent any of its load from dropping, shifting, leaking,
blowing or otherwise escaping therefrom, except that sand may be dropped for the
purpose of securing traction, or water or other substances may be sprinkled on a road-
way in cleaning or maintaining the roadway.
B. No person shall operate on any highway any vehicle with any load unless the
load and any covering thereon is securely fastened so as to prevent the covering or load
from becoming loose, detached or in any manner a hazard to other users of the
highway. Any vehicle loaded with sand, cinders, or other loose material susceptible to
blowing or escaping by reason of wind shall have the load covered or dampened so as
to prevent the blowing or escaping of the load from the vehicle.
SECTION SIX (b): Part Fifteen, Traffic and Vehicles, Chapter Thirteen, Motorcycles, of
the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows:
SECTION 15 -1315 NIGHTTIME DRIVING OF SCOOTERS
REPEAL
SECTION SEVEN (7): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of the conflict only.
SECTION EIGHT (8): 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 NINE (9): 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 TEN (10): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended as shown above and
codified in Part 15, Chapters 1, 2, 3, 4, 5 and 13 as sections 15 -103, 15 -215, 15 -216, 15 -217,
15 -223, 15 -306, 15 -307, 15 -402, 15 -515, 15 -540 & 15 -1315.
PASSED by the City Council of the City of Owasso, Oklahoma on the 15th day of
March, 2011.
Doug Bonebrake, Mayor
ATTEST:
OFFICIAL
Sherry Bishop, City Clerk SEAL
(SEAL)
APPROVED as to form and legality this 15th day of March, 2011.
Julie Lombardi, City Attorney
PUBLISHER'S AFFIDAVIT
120846
Published in the Owasso .Reporter, Owasso, Tulsa County,
Oklahoma, March 23, 2011.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 981
AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHI-
CLES, CHAPTER 1, GENERAL PROVISIONS, CHAPTER 2,
ENFORCEMENT, CHAPTER 3, VEHICLE EQUIPMENT, CHAP-
TER 4, SPEED REGULATIONS, CHAPTER 5, DRIVING, OVER-
TAKING, PASSING AND CHAPTER 13, MOTORCYCLES, SEC-
TIONS 15.103, 15215, 1&216,15-217, 15-223, 15306, 15 -307,
15402, 15-515, 15540 AND 15-1315 OF THE CODE OF ORDI-
NANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING
INDIVIDUAL SECTIONS AS SET FORTH BELOW.
23. 'Perk or perking' means the steel of a vehicle whether
me pled or nob d'1'.'% a than tempowly for the purpose of, and
while actually engaged in loading or unloading merchandise or pas -
sengers, providing such loading and unloading is in an authorized
place;
24. 'Pedestrian' means any person afoot;
25. 'Police officer means every officer of the municipal ppolice
department. or an officer authorized to direct or regulate thffic, or
to make arrests fur violation of traffic regulations Including author-
ized officers from other law enforcement aggenvies and officers who
have been cross - deputized by the City of Dwasso;
26. 'Private mad or raatlway' means away or place in private
ownership or leading to property In private ownership and used for
vehicular traffic by the owner and Nose having express or Implied
permission from the owner;
THIS ORDINANCE AMENDS PART 15, CHAPTERS 1, 2, 3, 4, 5 A
13 OF THE CITY OF OWASSO CODE OF ORDINANCES BY
AMENDINGTHE SECTIONS NAMED ABOVE ANDTO BE CODI-
FIED AS SHOWN BELOW.
BE IT ORDAINED BYTHE COUNCIL OFTHE CITY OF OWASSO,
OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): Part FIY.een,TmfHc and Vehicles, Chapter
One, General Provlslons, of the Coda of Ordinances of the City
of Owasso, Oklahoma, shall be amended as follows:
As used herein:
1. "Alley° means any narrow highwayy ordinarily Icoatetl In the
iniedo, portion w platted blocks and ordnarlly used for service or
delivery purposes at the rear of stores, Dwellings. or buildings;
2. "Ambulance' means a motor vehicle constructed, mconslrial
ad or emerged for the purpose of transporting III, sick, or Injured
persons;
3. °Bicycle' means a civics propelled by human power upon
which any person may ride, having two (2) tandem whcels, ether of
which Is more than twenty (20) inches In diameter;
4. "Bus' means every motor vehicle, including church buses,
designed for carrying more than ten (10) parsongers and used for
the transportation of pereans, and every motor vehcle, Char than a
taxicab, designed and used for the transportation of persons tot
Compensation. A'church bus" is any bus operated by a nonpprofit
religious organization which transports persons Including school -
age children to and from religious adNdies;
27. "Railroad' means a carder of persons or property upon cars
other than Mr tcam operated upon stationary mils;
28. 'Railroad thin' means a steam engine, electric or whet
motor, with or without cars coupled thereto, operated upon allls,
except streetcars;
.29. - Residence district' means the territory contiguous to and
Including a highway not comprising a business district;
30. 'Right -of -way' means the privilege of the Immediate use of
the roadway. It is the right of one vehicle or pedestrian to proceed
in a lawful manner in preference to another vehicle or pedestrian
approaching under such circumstances of direction, speed and
proximity as to give rise to danger C collision unless one grants
precedence to the other;
31. 'ROetlw%y- means that portion of a street Improved.
designed. ordinarily used for vehiculartravel, exclusive of the shoul-
ders. In the event a street Includes We (2) or more separate road-
ways, the term roadway, as used herein, shall refer to an such
roadway, separately, but not to all such roadways, collectively;
32. "Safety zone' means the area or space officially set apart
within a roadway for the exclusive use of pebeddate and which Is
protected or is so marked or indicated by adequate signs as to be
plainly visible at all times, while set apart as a safety zone;
33. 'School bus' means every motor vehicle owned by a public
or governmental agency and operated for the transportation of chil-
dren to or from school or privately owned and operated for compen-
sation for the transpodation of children to or from school; provided.
however, that this definition of'uhcol bus' shall not be Wended to
include buses normally used in city transit which may be used pad
time for the transportation of school children during some portion of
5. 'Controlled access highway' means every highway, street or the day
madway In respect to which owners or occupants of abutting lands
and other persons have no legal right of access to ar from the same
except at such points only and in such manner as may be deter-
mined by the public authority having jurisdiction over such highway,
street or roadway;
6. "Commeroial vehicles' means every vehicle designed, n in-
thred, or used primarily for the transportation Of property;
7. "Center lane' means any clearly marked center lane. If the
center lane Is not marked and no cars are parked on the madway,
then the center lane Is equally distanced between the curbs or new.
eled portion of the roadway. In the event a vehicle or vehicles are
parked on one side of the roadway only, then the center lane is
equally distanced from the side of the parked vehicle or vehicles
toward the street and cum on the opposite roadway. If vehicles are
parked on each side of the roadway, then the center lane is equal-
ly distanced from the edges of the parked vehicles;
B 'Cross walk' means that pad of a roatlway at an Intersection
included within the connections of the lateral lines of the sidewalks
on opposite sides of the Crest measured from the curs; or in the
absence of curbs from the edges of the traversable roadway.
'Cross walk' also means an portion of a roadway at an intersec-
tion or elsewhere distinctly Indicated for pedestrian crossing by
lines or other markings on the surface;
9. 'Drive' or'to drive" means to drive, operate or be in actual
physical control of a vehicle;
10. 'Driver or operatee means a person who drives or Is in actu-
al physical control of a vehicle;
11. ' Emergenn" means an unforeseeable occurrence of tempo-
nary duration Causing or resulting in an abnormal increase In traffic
volume, cessation or stoppage of traffic movement, or creation of
corrections hazardous to normal traffic movement, including Ere,
storm, accident. riot, or spontaneous assembly of large numbers of
pedestrians in such a manner as to impede the flow of traffic;
12. 'Emergency vehicle' or 'authorized emergency vehicle'
means vehicles of the fire department, police vehicles and ambu-
lances;
13. 'Highway," See Strew;
14. 'Iwersewion' means:
a. The area Meta tl within the prolongation or Connec-
tion of the lateral cum lines, or, H none, then the lateral
boundary lines of the roadway of two (2) streets, which join
one another at, or approximately at. right angles, or the
area within which vehicles travelling upon different strews
join at any other angle, may come in conflict ; or
b Where a greet includes two (2) roadways thirty (30) feet
or more apart, then every crossing of each roadway of such
divided greet by an iwersewingg strew, shall be regarded
as a separate Intersection. In the ever) such intersecting
street also includes two (2) roadways IN (301 feet or
mom apart, then every crossing of two (2) roadways of
such streets shall be regarded as separate intersections;
15. 'Lend roadway' means a roadway, which is divided Into two
(2) or more clearly marked lanes for vehicular traffic;
16. 'Limited access highway', see controlled access highway;
17. 'Loading zone' means a space adjacent to a cum reserved
far the exclusive use of vehicles during the loading or unloading of
passengers or material. A freight cum loading zone is a loading
zone tot the exclusive use of vehicles during the loatling or unload-
ing of freight; a passenger curb loading zone is a loading zone for
the exclusive use of vehicles during the loading or unloading of pas
sengers;
18. 'Lima lines' means boundaries of parking areas, loading
zones and non -tmffc areas and lines indicating the proper place for
Copping where stops are required;
19. "Mater Cycle, motor scooter, and motor bicycle' mean a
motor vehicle, other than a trader, having a seat or saddle for the
use w the driver antl designetl to tmvel an not more than three (3)
wheels in contact with the ground, bud excluding a
20. 'Motor vehicle' means everryy vehicle which
and every vehicle which is popelled by electric
from overhead trolley wires, bid net operated upon
21. 'OHp:ialtima' shall mean whenevercertam In
herein they shall mean Cantrel Branded Time, or Daylight Savings
Time, as may be in current use in the city;
22. 'Official traffic control device' means all signs, signals, mark-
ings, and devices net inconsistent with this ortlinance, placed or
created by authority of a public body or official having jurisdiction. for the purpose of regulating, warding, or guiding traffic;
34. 'School zone' means all strews or portions of streets imme-
diately adjacent to a school, or school ground, More same Is adja-
cenf and for a distance of three hundred (300) few in each direction;
35. 'Sidewalk° means that portion of a street between the curb
lines of M lateral lines of the roadway and adjacent property lines,
intended for use of pedestrians;
36. °Stand or'standing° means any stopping or hakingg C a vehi-
cle whether Occupied or not, otherwise than temporarilyy for the pur-
pose of and while actually engaged Ip receiving or discharging pas-
sengers;
37. 'Stop; when required, shall mean the complete cessation
from movement'
SECTION 15 -216 OPERATION OF VEHICLES ON
APPROA H OF A THORI D
EMERGENCV VEHICLES
A. Upon the immediate approach of an authorized emergency
vehicle making use of audible and visual signals meeting the
requirements of the laws of this state, or of a police vehicle proper-
ly and lawfully making use of an audible signal only, the driver of
every other vehicle shall yield the right of way and shall Immediate-
ly drive to a position parallel to, and as close as possible to, the right
hand edge or cum of the roadway clear of any intersection, and
shall stop and remain in such portion call the authorized emer-
gency vehicle has passed. except when otherwise directed by a
police officer.
B. This section shall not be construed to require an officer oper.
ating a police vehicle properly and lawfully In response to a crime in
progress to use audible signals, nor shall k operate to relieve the
driver of an authorized emergency vehicle from the duly to drive
with due regard for the safety of ell persons using the highway.
State Law Reference: Authorized emsrgency vehicles and their
equipment, 47 O.S. Sections 11.106, 12 -218; approach w eal
gency vehicles, 47 O.S. Section 11405.
SECTION 15-217 ACCIDENTS, TO STOP
A. The driver of any vehicle involved In an accident resulting in
Injury to or death of any person or damage to any vehicle or prop-
en shall immediately stop his vehicle at the were w such seek
dent, or as close thereto as possible, return to and remain at the
A. No driver of a vehicle shall pass an other vehicle which is In
motion and being driven In the same direction in an school zone
when schools are in session.
B. Wherever a school zone is located on a multiple lane street
Mich is divided Into three (3) or more clearly marked lanes for traf-
fic or whore the right hall of the roadway has been divided into two
(2) or more lanes, or on one -way streets, vehicles shall be allowed
to pass slower moving vehicles being driven in the same direction
More passing dam not Involve a Change of lane movement.
SECTION 15 -540 LOADS ON VEHICLES
A No vehicle shall be driven or moved on an highway unless
the vehicle Is so constructed or loaded as to prevent any M its mad
from dropping, shifting, leaking, blowing or otherwise escaping
therefrom, except that sand may be dropped for the purpose of
securing traction, or water or other substances may be sprinkled on
a roadway in cleaning or maintaining the roadway.
B. No person shall operate on any highway an vehicle with an
load unless the load and any covering thereon Is securely fastened
so as to prevent the covering or load tram becoming loose,
detached or in any manner a hazard to other users of the highway.
Any vehicle loaded with sand. cinders, or other lease material sus-
ceptible to blowing or escaping by reason w wind shall have the
Iaad covered or damppened so as to prevent the blowing or escap-
ing of the load from the vehicle.
SECTION SIX (6): Part Fifteen, Traffic and Vehicles, Chapter
Thirteen, Motorcycles, of the Code of Ordinances of the City of
Owasso, Oklahoma, shall be amended as follows:
scene of the accident until he has given his name, address and the
registration of his vehicle and shall upon request exhibit his dr'iver's SECTION 15 -1315 NIGHTTIME DRIVING OF SCOOTERS
license to the person Injured or the driver, or occupant of. or person
a0andina. env vehicle collided with. and shall render to anv Demon REPEAL
ing or making arrangement for the carrying of such persons to's SECTION SEVEN (7): REPEALER
physiphysician, surgeon or hospital for medical and surgical treament a All ordinances or parts of ordinances in conflict with this ordinance
cian, apparent that this treatment is necessary, or k such is request- are hereby repealed to the extent of the conflict only.
ed by the Injured person. Each such stop shall be made without
obstructing traffic more than Is necessary. SECTION EIGHT (6): SEVERABILI Y
If any part or pads of this wi idance are deemed unconstitutional,
B. The driver of a vehicle which is In an manner Involved in an Inv lid or ineffective, the remaining portion shall nut be affected but
accident resulting in bodily Injury to or death of any person, or in shall remain in full fares and effect.
which k Is apparent that damage to one vehicle or other property is
in excess of the amount provided far by state law, shall, as soon as SECTION NINE ((9): DECLARING AN EFFECTIVE DATE
predicable, report such accident to a police officer or to the police The provisions of this ordinance shall become effective thirty (30)
department. It a driver makes out a written report of the well days from the date w final passage as provided by date law.
the office of the police department as soon as predicable after the
accident, which report Is to be forwarded to the state department of SECTION TEN (10): CODIFICATION
public safety In accordance with state law, the driver shall be The City w Owasso Code of Ordinances Is hereby amended as
deemed to be In compliance with this section. shown above and codified in Part 15, Chapters 1, 2, 3, 4, 5 and 13
as sections 15 -103, 15 -215, 15 -216, 15 -217, 15 -223, 16306, 15-
C. Any person tailing to stop or to comply with any of the require- 307, 15- 402, 15- 515, 15- 540 6 15 -1315.
mans of this section shall be guilty of a misdemeanor antl upon
conviction thereof may be tined as provided In Section 1 -1 08 of this PASSED by the City Council of the City ef Owasso, Oklahoma on
code. the 15th day of Match, 2011.
State Law Reference' Accident reports, 47 O.S. Sections
10-101 et. Doug Bonebreke, Mayor
SECTION 15 -223 DI.SEU ITION AND R ORDS OF ATTEST: /a/ Sherry Bishop, City Clerk
TRAFFIC CITATIONS. WARRANTS.
AND COMPLAINTS APPROVED as to Corm: /g Julia Lombardi, City Attorney
A. Every police officer upon Issuing atreffic citation to an alleged
violator w an provision of the motor vehicle laws of this dale or any
traffic law of this city shall depasd the original and a duplicate copy
of the credited with the municipal court.
glnel chatlon in the municipal could,
f only by trial in the court or by whet
court, including forfeiture of ball or
0. Upon the be thing of the on
38. 'Stop or stopping; when prohibited. means any halting even the carbon maybe disposed o
momera7t et a vehicle whether ocoupied or rat, except when official action by a e. of the
necessary to avoid conflict with whir traffic or in compliance with Fry payment w e tine.
Me direction of a police officer or traffic signal;
39. 'Street' or'highal meatzme entire width between the
boundary lines of every way when an part thereof is open to the
use of the public for purposes of vehicular travel;
40. 7hmugh street or highway' means a street, or boulevard or
highway or portion thereof. at the entrances to which:
a. Vehicular traffic from intersecting streets or highways is
required by law to come to a full stop before entering or
crossing; and
Ix Stop signs am erected as provided In this part;
41. 'Traffic' means Pedestrians, ridden or herded animals, vehi-
cles and Cher conveyances, either singularly or together, while
using an highway or street far purpose of travel;
42. 'Traffic central devices or signals' mean any device legallyy
authorized and used for the purpose of regulating, warning or I=
ing traffic;
43. 'U -tum' means a turn by which a vehicle reverses its course
of travel on the same street;
44. 'Vehicle' means every devise In, upon, or by which any per-
son or property is, or may be transported, or answer, upon a high-
way or street. except devices moved by human power or used
exclusively upon stationary rails or tracks.
State L w Reference Definitions, state traffic Code; 47 O.S.
Sections 1 -101 at seq.
SECTION TWO (2): Pert Fifteen, Yhffld and Vehicles; Chapter
Two, Enforcement, of the Code of Ordinances of. the City of
Owasso, Oklahoma, shall be amended as follows:
SECTION 15215 AUTHORIZED EMERGENCY VEHICLES
A. The driver of Me authorized emergency vehicle, when
responding to an emergency call or when in the pursues of an actu-
al or suspected violator of the law or ordinance or when responding
to but net upon returning farm a fire alarm, may exercise the privi-
leges set forth in this section, but subject to the conditions stated in
this section.
B. The driver of an authorized emergency vemaa may Do any or
the following when in pursues of an actual or suspected violator of
the law or ordinance or when responding to but not upon returning
from a fire alarm:
1. Park or wand, irrespective of tie provisions w this part;
2. Proceed past a red or gap signal or gap sign, but only after
slowing down as may be necessary for safe operation;
3. Exceed the maximum speed limits so long as fife or proper-
ly is not endangered: or
4. Disregard regulations governing direction of movement or
turning in specific directions.
trader; C. The exemptions granted in this sewbn to an authorized emer-
gency vehicle shall apply only when the driver of any such vehicle
is seff- propelled is property and lawfully making use of an audible signal or of flash-
power obtained ing red or blue lights or a combination of flashing red and blue lights
mils; except that an authorized emergency vehicle operated as a police
vehicle need not be equipped with or display a red light visible from
ours are named In from of the vehicle.
D. The provisions of this section shall net relieve the driver of an
authorize vehicle from the duty to drive with due
regard for the safety of all persons, not shall such provislons protect
the driver tram the consequences of his reckless disregard for the
safety of others.
State -v Referen Emergency vehicle driving rules, 47 O.S.
Section 11406.
C. The chief of police shall maintain a record of all warrants
issued by the municipal Court which am delivered to the police
department far service, and w the final disposition w the wamarts.
D. No member of the police department or other officer or public
employee shall dispose of, after, or deface a tmtfie Matian or any
copy thereof, or the mixed of the Issuance or disposkbn of an tmt-
fic citation, complaint, or warrant, other than to correct or supple-
ment Information contained in the document, in a manner other
than as required in this chapter.
SECTION THREE (3): Part Fifteen, Traffic and Vehicles,
Chapter Three, Vehicle Equipment, of the Code of Ordinances
of the City of Owasso, Oklahoma, shall be amended as follows:
SECTION 15.306 INSPECTION OF VEHICLES
A. City of Owasso police officers may at an time, with reason-
able cause and belief that a vehicle Is unsafe at not equipped as
required by law, contains equipment that is not In proper adjustment
or repair or that the operator of the vehicle Is net properly licensed,
require the driver to stop and submit the vehicle to an Inspection
and test as may be appropriate.
B. In the event a vehicle or combination of vehicles is found to
be In an unsafe mechanical condition or not Drapery equipped as
required by law, the officer making the inspection may give the driv-
er a notice w arrest or written warning. Any person producing proof
within ten (16) working days from the date the citation was Issued
that a condition or equipment for which the person was cited as
defective, missing, prohibited, improper. unauthorized or otherwise
in violation of this section has been remedied shall be entitled to
dismissal of the charges without assessment of court costs.
C. No person shall operate or cause to be operated any vehicle
or combination of vehicles after notice of arrest or written warning
has been Issued of unsafe condition or that the vehicle is not
equipped as required by law, except as may be necessary to return
such vehicle or combination of vehicles to the residence or place of
business of the owner or driver a within a distance of twenty (20)
miles or to a garage umll me vehicle and its equipment have been
made to conform with the requirements of this section.
D. Any vehicle or combination of vehicles found to have major
meahadiCal defeats which would be hazardous to other users of the
strews H the vehicle were driven from the place of inspection shall
be towed to a garage for repairs, and any repair charge, tow charge
or storage charge far the repair, removal and storing of the vehicle
shall be the obligation of the owner or operator.
State law reference: 47 O.S. §13.102, Officers May Inspect a
Vehicle antl its Equipment.
SECTION 15307 MAINTENANCE-AND AD 1 TM NT
REPEAL
SECTION FOUR (4): Part Fifteen, Traffic and Vehicles, Chapter
Four, Speed Regulations, of the Code of Ordinances of the City
of Owasso, Oklahoma, shell be amended es follows:
SECTION 15 -402 R HOO ON S
A. The speed in school zones shall be as posted. The maximum
speed limit shall be forty-five 145) miles per hour.
B. No vehicle shall be allowed to park in a posted school zone.
State Law Reference: Local authority to am speed limits, 47 O.S.
§ 15102 and § 11 -803.
SECTION FIVE (5): Part Fifteen, Traffic and Vehicles, Chapter
Five, Driving, Overtaking, Passing, of the Code of Ordinances
of the City of Owasso, Oklahoma, shalt be amended as follows:
The City without Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney
APPROVED BY COUNCIL
MAR 15 2011
SUBJECT: Ordinance No. 981 Containing Amendments to Part 15, Traffic and Vehicles, of
the Owasso Code of Ordinances.
DATE: March 11, 2011
BACKGROUND:
Staff is currently making preparations to publish the Owasso Code of Ordinances online from the
City's website. Prior to making the Code available online, staff has determined that several
parts, chapters and sections within the Code are in need of amendment or repeal. In some
instances, applicable state law serving as the authority and foundation for an ordinance has
changed thereby requiring amendment of that ordinance. Other ordinances within the Code
are either outdated, inapplicable or in opposition to common custom or practice and not
enforced. Recognizing that the Code of Ordinances governing the City of Owasso should be as
current and consistent with both state law and actual practice as possible, it is desirable to
discern where revisions and updates are necessitated within the Code and make changes
before the Code is made accessible online.
Revisions to the specific sections within Part 15, Traffic and Vehicles, are recommended prior to
online publication:
15 -103 DEFINITIONS:
Revision has been made to (4) to include church buses within the general definition of a "bus"
as that term is used within sections of the Code governing traffic, vehicles and driving. Section
15 -103 substantially mirrors 47 O.S. §1 -105 of the Oklahoma State Statutes and that statute was
amended several years ago to specifically make the general definition of "bus" inclusive of
church buses in the state traffic code. Due to the change in state law, it is suggested that the
corresponding city ordinance also be amended to reflect that change.
Revision has also been made to (25) in this ordinance expanding the definition of "police
officer" as that term is used within Code sections pertaining to traffic, vehicles and driving. The
added language would include authorized officers from other law enforcement agencies and
officers from other jurisdictions who have been cross - depufized as peace officers within the City
of Owasso. The Chief of Police has requested and recommended this addition to Section 15-
103(25) so that traffic citations issued and arrests made in Owasso by authorized officers from
other agencies will be legally valid and enforceable.
15 -215 AUTHORIZED EMERGENCY VEHICLES:
Section 15- 215(C) grants exemptions from certain traffic laws to drivers of emergency vehicles
215(C) currently states that these exemptions are applicable only when an emergency vehicle is
using both visual and audible signals (lights & sirens). The state statute upon which this
ordinance is based, 47 O.S. §11 -106, has been amended and now specifically provides that an
emergency vehicle must use an audible signal or red and blue flashing lights. Failure to amend
the City's ordinance in conformance with the statute potentially subjects the City to liability if an
emergency vehicle employing only visual or auditory signals rather than both is involved in a
traffic accident while responding to an emergency call. In that situation, an opposing party
could likely establish that the emergency vehicle failed to comply with the City's own governing
ordinance.
15 -216 OPERATION OF VEHICLES ON APPROACH OF AUTHORI7ED EMERGENCY VEHICLES:
Section 15- 216(B) also addresses the use of emergency vehicles and amends the language to
conform with 47 O.S. §11 -106 by specifically stating that a police officer operating an
emergency vehicle in response to a crime in progress is not required to use audible signals as
they proceed to the call. Under certain circumstances, police officers responding to a crime in
progress may wish to make a silent approach.
15 -217 ACCIDENTS, DUTY TO STOP:
Section 15- 217(8) currently provides that a vehicle involved in a traffic accident must report the
accident to the police department if it is apparent that the damage to any vehicle or other
property exceeds three hundred ($300) dollars. This ordinance is based upon 47 O.S. §10-108
which sets the threshold dollar amount of mandatory reporting following a vehicle accident.
This dollar amount is subject to change by the State Legislature, thus it is preferable to remove
and replace provisions within the City's Code specifying dollar amounts with language that
generically sets the amount as "provided by State law."
15 -223 DISPOSITON AND RECORDS OF TRAFFIC CITATIONS, WARRANTS AND COMPLAINTS:
Proposed deletion of language within Section 15- 223(A) merely removes from this ordinance a
requirement that an officer who issues a traffic citation deliver the citation to his or her superior
officer for delivery to the municipal court. Per current policy and practice, each officer directly
delivers citations he or she has issued to the municipal court individually rather than to their
superior officer.
The proposed amendment to sub - section (D)
employee to correct or supplement information
currently prohibits all alteration or defacement
correction and supplementation is desired.
15 -306 INSPECTION OF VEHICLES:
of Section 15 -223 allows a police officer or
contained on a traffic citation. That section
of a citation. A practical exception allowing
The Oklahoma Legislature repealed the statute requiring all vehicles to undergo an annual
inspection and display a valid inspection sticker. Section 15 -306 (A) - (C) mirror the language of
that defunct law and thus are outdated and inapplicable. However, in an effort to ensure the
safety and operability of vehicles driven on public streets, state law enables law enforcement in
47 O.S. §13-102 to identify vehicles that are clearly unsafe or have equipment so in need of
repair that they pose a hazard to other users of the street. That statute authorizes an officer, with
reasonable cause, to stop a vehicle for the purpose of performing an inspection. If the vehicle is
found to be unsafe or contains faulty equipment, the officer may issue a citation. If the driver
necessary repairs within ten (I E)) days from the date the citation is issued the court
shall dismiss the charges without assessment of any costs to the driver. However, the vehicle
may not be operated on the streets, except to return the vehicle to the owner's home or take it
to a repair shop, once the citation has been issued. Vehicles with serious mechanical defects
that pose a significant hazard to other users of the street may be towed from the location where
the citation was issued to a garage for repair rather than be driven.
The underpinning of the state statute is a desire to identify vehicles being operated with such
faulty equipment and so in need of repair that they create serious safety risks to the vehicle's
driver and others on the road. Staff proposes amendment of Section 15 -306 removing defunct
language requiring annual vehicle inspections and up -to -date vehicle inspection stickers and
replacement of that language with the provisions in 47 O.S. § 13 -102 detailing when inspection
of a vehicle may be performed by a police officer and the recourse available to the driver in
the event the vehicle is found to be in unsafe mechanical condition.
15 -307 MAINTENANCE AND ADJUSTMENT OF BRAKES:
Repeal of Section 15 -307 is recommended because its subject matter is adequately addressed
in Section 15 -306 detailed above thereby rendering this section duplicative and unnecessary.
15 -402 SCHOOL ZONES:
The proposed amendment to Section 15- 402(A) increases the maximum speed limit that may be
imposed in a school zone from thirty -five (35) to forty -five (45) miles per hour. This change is
compelled by the forty -five (45) mile per hour speed limit in effect in the Barnes Elementary
School zone. This change would only increase the maximum speed that the City may deem
appropriate for a particular school zone and in no way would operate to increase or change
the existing speed limit in any other school zone. However, given that the City has designated
the school zone adjacent to Barnes Elementary on 76th Street as a forty -five (45) mile per hour
zone, amendment of this ordinance is needed.
15 -515 OVERTAKING AND PASSING IN SCHOOL ZONES:
The proposed amendment to Section 15- 515(A) removes the time designation of 8:00 A.M. to
4:00 P.M. from the prohibition against passing other vehicles in a school zone and instead
provides that such action is prohibited at any time when schools are in session.
15 -540 LOADS ON VEHICLES:
Repeal of Section 15- 540(C) is recommended because that sub- section's subject matter is
adequately addressed in sub - sections (A) and (B). For clarity and to prevent confusion, it is
recommended that sub - section (C) be removed from this ordinance.
15 -1315 NIGHTTIME DRIVING OF SCOOTERS:
Repeal of Section 15 -1315 is recommended. This section is outdated and the Police Department
does not believe enforcement of this section is either desirable or necessary.
Adoption of Ordinance No. 981 amending Part 15, Traffic and Vehicles, Sections 15 -103, 15 -215,
15 -216, 15 -217, 15 -223, 15 -306, 15 -307, 15 -402, 15 -515, 15 -540 and 15 -1315 of the Owasso Code of
Ordinances.
RECOMMENDATION:
Staff recommends City Council approval of Ordinance No. 981.
ATTACHMENT:
A. Ordinance No. 981