HomeMy WebLinkAbout984_Amend Part 10_Offenses & Crimes_Chapter 2 thru 5Tulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 984
AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 2, OFFENSES
AGAINST PROPERTY, CHAPTER 3, OFFENSES AGAINST THE PUBLIC, CHAPTER 4, OFFENSES
AGAINST HEALTH, WELFARE AND MORALS, AND CHAPTER 5, OFFENSES AGAINST PERSONS,
SECTIONS 10-206, 10-209, 10-213, 10-301, 10-306, 10-403, 10-414 & 10-502 OF THE CODE
OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING INDIVIDUAL
SECTIONS AS SET FORTH BELOW.
THIS ORDINANCE AMENDS PART 10, CHAPTERS 2, 3, 4 & 5 OF THE CITY OF OWASSO CODE
OF ORDINANCES BY AMENDING THE SECTIONS NAMED ABOVE AND TO BE CODIFIED AS
SHOWN.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT:
SECTION ONE (1): Part Ten, Offenses and Crimes, Chapter Two, Offenses against Property,
of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as
follows:
SECTION 10-206 TAMPERING WITH OR DAMAGING PUBLIC UTILITIES, LARCENY
A, It is unlawful for any person to adjust, connect, disconnect, molest, injure,
destroy or in any way tamper with any water or gas pipe, any telephone pole or
apparatus, meter loop, riser or connection belonging thereto, or any water, gas or
electric meter or meter box or housing, or any pipe, wire, cable equipment, conduit or
connection belonging thereto, or any other part of water, gas, cable equipment or
electrical system, or to do any act or use any contrivance to prevent or affect correct
and proper registration by any such meter. This shall not apply to officers and employees
of the city or of any person, firm or corporation owning or operating such water, cable
equipment, gas or electric system, acting in line of duty.
B. No person shall, without lawful authority, make any splice, tap or other
connection into or on any cable, wire, pipe or other service furnished to the residents of
the city by the city or by any person, firm or corporation operating in the city under a
valid permit issued by the city,
C. Any person who with intent to defraud, makes or causes to be made any
pipe, wire, cable equipment or other instrument or contrivance and connects the same
or causes the same to be connected with any pipe or cable provided for the purpose of
conducting water, gas or cable service, or with any wire or other electrical conductor
provided for the purpose of conducting electricity, so as to conduct such gas, water,
cable equipment or electric current, to a point where the same may be consumed,
without its passing through meters provided for registering the quantity consumed, or in
any manner so as to evade payment therefore, whether the gas, water, cable service or
electrical current is furnished through a meter or not, shall be guilty of an offense. Every
person who, with like intent, injures or alters any gas, electric, or water meter or cable
equipment, or obstructs its action, is guilty of an offense.
SECTION 10-209 THROWING OR PLACING ADVERTISEMENTS ON STREETS AND
VEHICLES PROHIBITED
It is unlawful for any person to throw, leave or deposit, or cause to be thrown, left or
deposited upon any automobile, street, alley, sidewalk or other public area, any
handbill, circular, or other advertisement.
SECTION 10-213 DAMAGING, DESTROYING TREES, PLANTS OR FRUIT; TRESPASS
It is unlawful for any person to willfully cut down, root up, sever, injure or destroy any
fruit tree, shade or ornamental tree, cultivated root, plant, vine, shrub or bush whatever,
which is the property of another, standing on or attached to the land of another, or to
pick, destroy or carry away, or in any way interfere with, any part of the fruit on the tree
or to trespass on the premises of another, without the consent of the owner or person in
charge.
SECTION TWO (2): Part Ten, Offenses and Crimes, Chapter Three, Offenses against the
Public, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended
as follows:
SECTION 10-301 DISTURBING THE PEACE
A. It is unlawful to disturb or alarm the peace of another or others by doing any
of the acts set out in Subsection B of this section.
B. Disturbing the peace is the doing of any of the following in such a manner as
would foreseeably alarm or disturb the peace of another or others;
1. Using obscene, offensive, abusive, profane, vulgar, threatening, violent
or insulting language or conduct;
2. Appearing in an intoxicated condition;
3. Engaging in a fistic encounter;
4. Pointing any pistol or any other deadly weapon, whether loaded or not,
at any other person or persons either in anger or otherwise;
5. Holding an unlawful assembly of two (2) or more persons, including
being assembled together and acting in concert, to do any unlawful act against
the peace or to the terror of others or preparing for or moving toward such acts, or
otherwise assembling unlawfully or riotously;
6. Interrupting any lawful assembly of people by making noise, by rude,
indecent or improper behavior, by profane, improper or loud language, or in any
other manner, either within the place of assembly or within hearing distance
thereof;
7. Making unnecessarily loud, offensive noises;
8. Disturbing any congregation or assembly of persons meeting for religious
worship by making noise, by rude, indecent or improper behavior, by profane,
improper or loud language, or in any other manner, either within the place of
worship or within hearing distance thereof; or
9. Committing any other act in such a manner as to unreasonably disturb
or alarm the public.
SECTION 10-306 CARRYING WEAPONS AND EXCEPTIONS; TRANSPORTING
CONCEALED HANDGUN
A. It is unlawful for any person, except those persons authorized by law, to carry
upon or about their persons or in their vehicles any weapon of the kind usually known as
slingshot, bowie knife, dirk knife, switchblade knife, spring-type knife, knife having a blade
which opens automatically by hand pressure applied to a button, spring or other device
in the handle of the knife, loaded cane, billy, metal knuckles, or any other offensive or
defensive weapon, excluding firearms, the carrying of which is governed by State law.
B. Any person stopped pursuant to a moving traffic violation who is transporting
a loaded pistol in the motor vehicle without a valid concealed handgun permit
authorized by the Oklahoma Self-Defense Act or a valid license from another state,
whether the loaded firearm is concealed or open in the vehicle, shall be issued a traffic
citation in the amount specified by state law, plus court costs, for transporting a firearm
improperly. In addition to the traffic citation provided in this ordinance, the person may
additionally be arrested for any other violation of law.
C. When the arresting officer determines that a valid handgun license exists,
pursuant to the Oklahoma Self-Defense Act or any provision of law from another state,
for any person in the stopped vehicle, any firearms permitted to be carried pursuant to
the license shall not be confiscated unless;
1. The person is arrested for violating another provision of law other than that
set forth in subsection (B) of this ordinance; provided, however, if the person is
never charged with an offense pursuant to this paragraph or if the charges are
dismissed or the person is acquitted, the weapon shall be returned to the person.
2. The officer has probable cause to believe the weapon is;
a. contraband; or
b, a firearm used in the commission of a crime other than a violation of
subsection (B) of this ordinance.
C. Nothing in this section shall be construed to require confiscation of
any firearm.
SECTION THREE (3): Part Ten, Offenses and Crimes, Chapter Four, Offenses against the
Health, Welfare and Morals, of the Code of Ordinances of the City of Owasso, Oklahoma,
shall be amended as follows:
3
SECTION 10-403 DRUG PARAPHERNALIA
A. For the purpose of this section, "drug paraphernalia" means all equipment,
products and materials of any kind which are used, intended for use, or designed for use,
in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise
introducing into the human body a controlled substance in violation of the state Uniform
Controlled Dangerous Substances Act in the Oklahoma Statutes, hereinafter referred to
as "the act", and adopted by reference herein. It includes, but is not limited to those
equipment, products and materials specified in Section 2-101.1 of Title 63 of the
Oklahoma Statutes, or as that section may be renumbered in the future, on drug
paraphernalia.
B. It is unlawful for any person to use, sell, or to possess with intent to use or sell,
drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a
controlled substance in violation of the act.
C. It is unlawful for any person to sell, deliver, possess with intent to deliver, or
manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances
where one reasonably should know, that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance in violation of the act.
D. It is unlawful for any person to place in any newspaper, magazine, handbill, or
other publication any advertisement, knowing, or under circumstances where one
reasonably should know, that the purpose of the advertisement, in whole or in part, is to
promote the sale of objects designed or intended for use as drug paraphernalia.
SECTION 10-414 BEING ABOUT PLACE WHERE GAMBLING IS GOING ON
REPEAL
It is unlawful for any person to loiter about in the immediate vicinity where a person
or persons are gambling, whether by playing games, operating a slot machine or other
device, or otherwise.
SECTION FOUR (4): Part Ten, Offenses and Crimes, Chapter Five, Offenses against Persons,
of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as
follows:
SECTION 10-502 LAWFUL USE OF FORCE
To use or to attempt to offer to use force upon or toward the person of another is
not unlawful in the city in the following cases;
1. When necessarily committed by a public officer in the performance of any
legal duty, or by any other person assisting him or acting by his direction;
4
2. When necessarily committed by any person in arresting one who has
committed any felony, and delivering him to a public officer competent to receive him
in custody;
3. When committed either by the party about to be injured, or by any other
person in his aid or defense, in preventing or attempting to prevent an offense against his
person, or any trespass or other unlawful interference with real or personal property in his
lawful possession; provided the force used is not more than sufficient to prevent such
offense, and that the same shall be necessary for the self-defense of his person or
property;
4. When committed by a parent or authorized agent of any parent, or by any
guardian, master or teacher, in the exercise of a lawful authority to restrain or correct his
child, ward, apprentice or scholar, provided restraint or correction has been rendered
necessary by the misconduct of such child, ward, apprentice or scholar, or by his refusal
to obey the lawful command of such parent or authorized agent or guardian, master or
teacher, and the force used is reasonable in manner and moderate in degree;
5. When committed by a carrier of passengers, or the authorized agents or
servants of such carrier, or by any person assisting them at their request, in expelling from
any carriage, interurban car, vessel or other vehicle, any passenger who refuses to obey
a lawful and reasonable regulation prescribed for the conduct of passengers, if such
vehicle has first been stopped and the force used is not more than is sufficient to expel
the offending passenger, with a reasonable regard to his personal safety; and
6. When committed by any person in preventing a person who is impaired
by reason of mental retardation or developmental disability as defined by the Oklahoma
Statutes, a mentally ill person, insane person or other person of unsound mind, including
persons temporarily or partially deprived of reason, from committing an act dangerous to
such person's self or to another, or enforcing such restraint as is necessary for the
protection of the person or for restoration to health, during such period only as shall be
necessary to obtain legal authority for the restraint or custody of the person.
State Law Reference: 21 O.S. §643.
SECTION FIVE (5): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of the conflict only.
SECTION SIX (6): 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 SEVEN (7): 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.
5
SECTION EIGHT (8): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended as shown above and
codified in Part 10, Chapters 2, 3, 4 & 5 as sectionsl0-206, 10-209, 10-213, 10-301, 10-306,
10-403, 10-414 & 10-502.
PASSED by the City Council of the City of Owasso, Oklahoma on the 19th day of
April, 2011.
oug Bonebrake, Mayor
ATTEST:
Sherry Bish , City Clerk
(SEAL)
OFFICIAL
SEAL
APPROVED as to form and legality:
G&O L.-4.,u
Julie Lombardi, City Attorney
6
PUBLISHER'S AFFIDAVIT
CRP XTn non
PUE
123956
0511 Published in the Owasso Reporter, Owasso, Tulsa County,
Oklahoma, May 12, 2011.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 984
AN ORDINANCE RELATING TO PART 10, OFFENSES AND
CRIMES, CHAPTER 2, OFFENSES AGAINST PROPERTY,
CHAPTER 3, OFFENSES AGAINST THE PUBLIC, CHAPTER 4,
OFFENSES AGAINST HEALTH, WELFARE AND MORALS, AND
CHAPTER 5, OFFENSES AGAINST PERSONS, SECTIONS 10-
206, 10- 209,10- 213,10- 301,10- 306,10- 403,10 -414 & 10 -502 OF
THE CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, AMENDING INDIVIDUAL SECTIONS AS SET
FORTH BELOW.
THIS ORDINANCE AMENDS PART 10, CHAPTERS 2, 3, 4 & 5 OF
THE CITY OF OWASSO CODE OF ORDINANCES BY AMEND-
ING THE SECTIONS NAMED ABOVE AND TO BE CODIFIED AS
SHOWN.
BE IT ORDAINED BYTHE COUNCIL OFTHE CITY OF OWASSO,
OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): PartTen, Offenses and Crimes, ChapterTwo,
Offenses against Property, of the Code of Ordinances of the
City of Owasso, Oklahoma, shall be amended as follows:
SECTION 10 -206 TAMPERING WITH OR DAMAGING
PUBLIC UTI ITI AR NY
A. It is unlawful for any person to adjust, connect, disconnect,
molest, injure, destroy or in any way tamper with any water or gas
pipe, any telephone pole or apparatus, meter loop, riser or connec-
tion belonging thereto, or any water, gas or electric meter or meter
box or housing, or any pipe, wire, cable equipment, conduit or con-
nection belonging thereto, or any other part of water, gas, cable
equipment or electrical system, or to do any act or use any con-
trivance to prevent or affect correct and proper registration by any
such meter. This shall not apply to officers and employees of the
city or of any person, firm or corporation owning or operating such
water, cable equipment, gas orelectric system, acting in line of duty.
B. No person shall, without lawful authority, make any splice, tap
or other connection into or on any cable, wire, pipe or other service
furnished to the residents of the city by the city or by any person,
firm or corporation operating in the city under a valid permit issued
by the city.
C. Any person who with intent to defraud, makes or causes to be
made any pipe, wire, cable equipment or other instrument or con-
trivance and connects the same or causes the same to be connect-
ed with any pipe or cable provided for the purpose of conducting
water, gas or cable service, or with any wire or other electrical con-
ductor provided for the purpose of conducting electricity, so as to
conduct such gas, water, cable equipment or electric current, to a
point where the same may be consumed, without its passing
ttuough meters provided for registering the quantity consumed, or
in any manner so as to evade payment therefore, whether the gas,
water, cable service or electrical current is furnished through a
meter or not, shall be guilty of an offense. Every person who, with
like intent, injures or afters any gas, electric, or water meter or cable
equipment, or obstructs its action, is guilty of an offense.
SECTION 10 -209 THROWING OR PLACING ADVERT-
IS EMF.NU ON QTBEETS AND
VEHICLES PROHIBITED
It is unlawful for any person to throw, leave or deposit, or cause
to be thrown, left or deposited upon any automobile, street, alley,
sidewalk or other public area, any handbill, circular, or other adver-
tisement.
SECTION 10 -213 DAMAGING, DESTROYING TREES.
PLANTS OR FRUIT: TRESPASS
It is unlawful for any person to willfully cut down, root up, sever,
injure or destroy any fruit tree, shade or ornamental tree, cultivated
root, plant, vine, shrub or bush whatever, which is the property of
another, standing on or attached to the land of another, or to pick,
destroy or carry away, or in any way interfere with, any part of the
fruit on the tree or to trespass on the premises of another, without
the consent of the owner or person in charge.
SECTION TWO (2): Part Ten, Offenses and Crimes, Chapter
Three, Offenses against the Public, of the Code of Ordinances
of the City of Owasso, Oklahoma, shall be amended as follows:
SECTION 10.301 DISTURBING THE PEACE
A. It is unlawful to disturb or alarm the peace of another or oth-
ers by doing any of the acts set out in Subsection B of this section.
B. Disturbing the peace is the doing of any of the following in
such a manner as would foreseeably alarm or disturb the peace of
another or others:
1. Using obscene, offensive, abusive, profane, vulgar, threaten-
ing, violent or insulting language or conduct;
2. Appearing in an intoxicated condition;
3. Engaging in a fistic encounter;
4. Pointing any pistol or any other deadly weapon, whether
loaded or not, at any other person or persons either in
anger or otherwise;
5. Holding an unlawful assembly of two (2) or more persons,
including b_eiI g_ assembled together and acting in concert,
—to do any unlawful adt against the peace or to the terror of
others or preparing for or moving toward such acts, or oth-
erwise assembling unlawfully or riotously;
6. Interrupting any lawful assembly of people by making noise,
by rude, indecent or improper behavior, by profane, improp-
er or loud language, or in any other manner, either within
the place of assembly or within hearing distance thereof;
7. Making unnecessarily loud, offensive noises;
8. Disturbing any congregation or assembly of persons meet-
ing for religious worship by making noise, by rude, indecent
or improper behavior, by profane, improper or loud lan-
guage, or in any other manner, either within the place of
worship or within hearing distance thereof; or
9. Committing any other act in such a manner as to unreason-
ably disturb or alarm the public.
SECTION 10 -306 CARRYING WEAPONS AND EXCEP-
TIONS: TRANSPORTING
CONCEALED HANDGUN
A. It is unlawful for any person, except those persons authorized
by law, to carry upon or about their persons or in their vehicles any
weapon of the kind usually known as slingshot, bowie knife, dirk
knife, switchblade knife, spring type knife, knife having a blade
which opens automatically by hand pressure applied to a button,
spring or other device in the handle of the knife, loaded cane, billy,
metal knuckles, or any other offensive or defensive weapon, exclud-
ing firearms, the carrying of which is governed by State law.
B. Any person stopped pursuant to a moving traffic violation who
is transporting a loaded pistol in the motor vehicle without a valid
concealed handgun permit authorized by the Oklahoma Self -
Defense Act or a valid license from another state. whether the
C. When the arresting officer determines that a valid handgun PASSED AND APPROVED this 19th day of April, 2011.
license exists, pursuant to the Oklahoma Self- Defense Act or any
provision of law from another state, for any person in the stopped
vehicle, any firearms permitted to be carried pursuant to the license
shall not be confiscated unless:
1. The person is arrested for violating another rovision of law
other than that set forth in subsection (B) of this ordinance;
provided, however, if the person is never charged with an
offense pursuant to this paragraph or If the charges are dis-
missed or the person is acquitted, the weapon shall be
returned to the person.
2. The officer has probable cause to believe the weapon is:
a. contraband; or
b. a firearm used in the commission of a crime other than
a violation of subsection (B) of this ordinance.
c. Nothing in this section shall be construed to require con-
fiscation of any firearm.
SECTION THREE (3): Part Ten, Offenses and Crimes, Chapter
Four, Offenses against the Health, Welfare and Morals, of the
Code of Ordinances of the City of Owasso, Oklahoma, shall be
amended as follows:
-40 DRUG PARAPHERNALIA
A. For the purpose of this section, "drug paraphernalia" means
all equipment, products and materials of any kind which are used,
intended for use, or designed for use, in planting, propagating, cul-
tivating, growing, harvesting, manufacturing, compounding, con-
verting, producing, processing, preparing, testing, analyzing, pack-
aging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body a
controlled substance in violation of the state Uniform Controlled
Dangerous Substances Act in the Oklahoma Statutes, hereinafter
referred to as "the act ", and adopted by reference herein. It
includes, but is not limited to those equipment, products and mate-
rials specified in Section 2 -101.1 of Title 63 of the Oklahoma
Statutes, or as that section may be renumbered in the future, on
drug paraphernalia.
B. It is unlawful for any person to use, sell, or to possess with
intent to use or sell, drug paraphernalia to plant, propagate, culti-
vate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain, con-
ceal, inject, ingest, inhale, or otherwise introduce into the human
body a controlled substance in violation of the act.
C. It is unlawful for any person to sell, deliver, possess with intent
to deliver, or manufacture with intent to deliver, drug paraphernalia,
knowing, or under circumstances where one reasonably should
know, that it will be used to plant, propagate, cultivate, grow, har-
vest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the human body a controlled
substance in violation of the act.
D. It is unlawful for any person to place in any newspaper, mag-
azine, handbill, or other publication any advertisement, knowing, or
under circumstances where one reasonably should know, that the
purpose of the advertisement, in whole or in part, is to promote the
sale of objects designed or intended for use as drug paraphernalia.
SECTION 10 -414 BEING ABOUT PLACE WHERE
.AMB IN , IS GOING ON
REPEAL
It is unlawful for any person to lofter about in the immediate vicin-
ity where a person or persons are gambling, whether by playing
games, operating a slot machine or other device, or otherwise.
SECTION FOUR (4): Part Ten, Offenses and Crimes, Chapter
Five, Offenses against Persons, of the Code of Ordinances of
the City of Owasso, Oklahoma, shall be amended as follows:
ION
To use or to attempt to offer to use force upon or toward the per-
son of another is not unlawful in the city in the following cases:
1. When necessarily committed by a public officer in the perform-
ance of any legal duty, or by any other person assisting him or act-
ing by his direction;
2. When necessarily committed by any person in arresting one
who has committed any felony, and delivering him to a public officer
competent to receive him in custody;
3. When committed either by the party about to be injured, or by
any other person in his aid or defense, in preventing or attempting
to prevent an offense against his person, or any trespass or other
unlawful interference with real or personal property in his lawful
possession; provided the force used is not more than sufficient to
prevent such offense, and that the same shall be necessary for the
self- defense of his person or property;
4. When committed by a parent or authorized agent of any par-
ent, or by any guardian, master or teacher, in the exercise of a law-
ful authority to restrain or correct his child, ward, apprentice or
scholar, provided restraint or correction has been rendered neces-
sary by the misconduct of such child, ward, apprentice or scholar,
or by his refusal to obey the lawful command of such parent or
authorized agent or guardian, master or teacher, and the force used
is reasonable in manner and moderate in degree;
5. When committed by a carrier of passengers, or the authorized
agents or servants of such carrier, or by any person assisting them
at their request, in expelling from any carriage, interurban car, ves-
sel or other vehicle, any passenger who refuses to obey a lawful
and reasonable regulation prescribed for the conduct of passen-
gers, if such vehicle has first been stopped and the force used is not
more than is sufficient to expel the offending passenger, with a rea-
sonable regard to his personal safety; and
6. When committed by any person in preventing a person who is
impaired by reason of mental retardation or developmental disabili-
ty as defined by the Oklahoma Statutes, a mentally ill person,
insane person or other person of unsound mind, including persons
temporarily or partially deprived of reason, from committing an act
dangerous to such person's self or to another, or enforcing such
restraint as is necessary for the protection of the person or for
restoration to health, during such period only as shall be necessary
to obtain legal authority for the restraint or custody of the person.
State Law Reference: 21 O.S. §643
SECTION FIVE (5): REPEALER
All ordinances or parts of ordinances in conflict with this ordi-
nance are hereby repealed to the extent of the conflict only.
SECTION SIX (6): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitution-
al, invalid or ineffective, the remaining portion shall not be affected
but shall remain in full force and effect.
SECTION SEVEN (7): 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 EIGHT 1`81: CODIFICATION
/s/ Doug Bonebrake, Mayor
ATTEST: /s/ Sherry Bishop, City Clerk
APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney
The City Witiout Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney
SUBJECT: Ordinance No. 984 Containing Amendments to Part 10, Crimes and Offenses, and
Ordinance No. 985 Containing Amendments to Part 15, Traffic and Vehicles
DATE: April 15, 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 10, Crimes and Offenses, are recommended prior to
online publication:
10-206 TAMPERING WITH OR DAMAGING PUBLIC UTILITIES, LARCENY:
This section prohibits any person from damaging or tampering with public utilities including
water, gas and electric. The proposed amendment would add cable equipment to the list of
utilities.
10-209 Throwing OR PLACING ADVERTISING ON STREET AND VEHICLES PROHIBITED
The proposed amendment would add a prohibition against placing circulars, handbills or other
paper advertisements on vehicles. This section is intended to prevent, or at least reduce, the
volume of litter within the City of Owasso. Advertisements placed upon vehicles quite often are
blown off the vehicle by the wind or are tossed on the pavement by the vehicle's driver. In
either case, these circulars, advertisements and handbills become litter on the City's streets.
10-213 DAMAGING, DESTROYING TREES, PLANTS, OR FRUIT; TRESPASS:
The proposed wording changes to this section are quite minor and are an attempt to modernize
language throughout the Code of Ordinances whenever possible.
10-301 DISTURBING THE PEACE:
Sub-section (4) under this provision is recommended for repeal. The offense of indecent
exposure is covered adequately in Section 10-406 entitled "Nudity, Improper Dress, Indecent
Exposure."
10-306 CARRYING WEAPONS AND EXCEPTIONS; TRANSPORTING CONCEALED HANDGUNS:
Amendment to sub-section (B) is proposed removing the specific dollar amount of the fine and
replacing it with language stating the fine shall be in an amount specified by state law.
10-403 DRUG PARAPHERNALIA:
A revision to sub-section (A) is proposed which allows for potential renumbering of the corollary
state law. Additional amendments to sub-sections (B) and (C) would add the selling of drug
paraphernalia as an unlawful act to this section which currently prohibits possession or delivery
of such paraphernalia.
10-414 BEING ABOUT A PLACE WHERE GAMBLING IS GOING ON:
Repeal of this section in its entirety is recommended. Ordinances of this type have been
deemed unenforceable and void for vagueness by the federal courts. In general, criminal
penalties for merely being near a place where gambling or other prohibited act is taking place
are not enforceable and subject the City and its police officers to potential liability if a person is
arrested pursuant to this section.
10-502 LAWFUL USE OF FORCE:
This ordinance substantially mirrors its corollary state statute. Revision was made to that state
statute several years ago removing language such as "idiot," "lunatic" and "insane." It is
recommended that the City likewise amend its ordinance with the language adopted by the
State.
The City Council approved an ordinance in March, 2011 amending Part 15 of the Code of
Ordinances governing traffic and vehicles. An additional revision to Part 15 is proposed to clarify
the requirement that all persons operating motor vehicles within the City of Owasso possess a
valid driver's license:
15-211 POSSESSION OF VALID DRIVER'S LICENSE REQUIRED; EMPLOYING UNLICENSED
CHAUFFEURS:
The Police Department has requested amendment of this section to clarify that all persons
driving on City streets must have a valid driver's license. Currently, the ordinance provides that a
driver must have an "unrevoked or unsuspended" driver's license. While this is true, the current
wording does not contemplate the possibility that a driver may have no license whatsoever.
Therefore, the proposed revisions to sub-section (A) clearly establishing that a driver must have a
valid license are recommended. Prohibitions against driving with a suspended or revoked
license are also additionally covered in 15-212. Additional revisions have been made to sub-
section (C) of 15-211 replacing references to operator and chauffeur licenses with designations
to class A, B, C and D licenses in keeping with revisions to State law.
2
PROPOSED ACTION:
Adoption of Ordinances 984 and 985.
RECOMMENDATION:
Staff recommends City Council approval of Ordinance No. 984 and Ordinance No. 985.
ATTACHMENT:
A. Ordinance 984
B. Ordinance 985