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Home My WebLink About985_Amend_Part 15 Section 15-211_ Valid DL Required employing unlicensed chauffeurTulsa County Clerk - EARLENE WILSON Doc # 2011035626 Page(s): 2 Recorded 04/26/2011 at 01:27 PM Receipt # 269006 Fee $15.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 985 AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 2, ENFORCEMENT, SECTION 15-211, POSSESSION OF VALID DRIVER'S LICENSE REQUIRED; EMPLOYING UNLICENSED CHAUFFEUR, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING THAT SECTION AS SET FORTH BELOW. THIS ORDINANCE AMENDS PART 15, CHAPTER 2 OF THE CITY OF OWASSO CODE OF ORDINANCES AS SHOWN BELOW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part Fifteen, Traffic and Vehicles, Chapter Two, Enforcement, Section 15-211, Possession of Valid Driver's License Required; Employing Unlicensed Chauffeur, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: SECTION 15-211 POSSESSION OF VALID DRIVER'S LICENSE REQUIRED; EMPLOYING UNLICENSED CHAUFFEUR A. No person shall operate any motor vehicle on the streets without a valid driver's license, unless such person is specifically exempt from such laws by the provisions thereof, Any person operating a motor vehicle on the streets shall have the valid license in his or her possession at all times. No person charged with violating this section shall be convicted if he or she produces in court a license issued to him or her that was valid at the time of the arrest. B, No person shall operate a motor vehicle in any manner in violation of any restriction that may be imposed in a restricted license issued to him with respect to the type of, or special mechanical control devices required on a motor vehicle or any other restriction applicable to the licensee as the state may determine. C. No person shall employ, or permit to remain in his employment as a chauffeur or driver of a motor vehicle calculated to be driven upon the streets, alleys, roads, public places or private places open to public use within the corporate limits of the city, any person not then the holder and in the lawful possession of a valid class A, B, C or D license as may be required by state law, State Law Reference; Driver's licenses, 47 O,S, Section 6-101. SECTION TWO (2): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only.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 as shown above and codified in Part 15, Chapter 2, section 15-211. PASSED by the City Council of the City of Owasso, Oklahoma on the 19th day of April, 2011. Bonebrake, Mayor ATTEST: APPROVED as to form and legality. Julie Lombardi, City Attorney 2 PUBLISHER'S AFFIDAVIT ORD NO. 985 PUBLICATION DATE(S) 05/12/11 CASE NUMBER: ORD NO. 985 AD NO: 00123972 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS 1, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Representative Signature Subscribed to and sworn to the this 13th day of May, 2011. Notary Public NA .CY CAROL MOORE. My commission number: 06011684 My commission expires: December 8, 2014 Customer 00000779 Customer: CITY OF OWASSO Publisher's Fee: 113.40 NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011684 EXPIRES 12-8-2014 123972 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, May 12 , 2011. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 985 AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHI- CLES, CHAPTER 2, ENFORCEMENT, SECTION 15-211, POS- SESSION OF VALID DRIVER'S LICENSE REQUIRED; EMPLOY- ING UNLICENSED CHAUFFEUR, OF THE CODE OF ORDI- NANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING THAT SECTION AS SET FORTH BELOW. THIS ORDINANCE AMENDS PART 15, CHAPTER 2 OF THE CITY OF OWASSO CODE OF ORDINANCES AS SHOWN BELOW. BE IT ORDAINED BY THE COUNCIL OFTHE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE (1): Part Fifteen, Traffic and Vehicles, Chapter Two, Enforcement, Section 15-211, Possession of Valid Driver's License Required; Employing Unlicensed Chauffeur, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: SECTION 15-211 POSSESSION OF VALID DRIVER'S LICENSE REQUIRED: EMPLOYING UNLICENSED CHAUFFEUR A. No person shall operate any motor vehicle on the streets without a valid driver's license, unless such person is specifically exempt from such laws by the provisions thereof. Any person operating a motor vehicle on the streets shall have the valid license in his or her possession at all times. No person charged with violating this sec- tion shall be convicted if he or she produces in court a license issued to him or her that was valid at the time of the arrest. B. No person shall operate a motor vehicle in any manner in viola- tion of any restriction that may be imposed in a restricted license issued to him with respect to the type of, or special mechanical con- trol devices required on a motor vehicle or any other restriction appli- cable to the licensee as the state may determine. C. No person shall employ, or permit to remain in his employment as a chauffeur or driver of a motor vehicle calculated to be driven upon the streets, alleys, roads, public places or private places open to public use within the corporate limits of the city, any person not then the holder and in the lawful possession of a valid class A, B. C or D license as may be required by state law. State Law Reference: Driver's licenses, 47 O.S. Section 6-101. 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 as shown above and codified in Part 15, Chapter 2, section 15-211. PASSED AND APPROVED this 19th day of April, 2011. /s/ Doug Bonebrake, Mayor ATTEST: /s/ Sherry Bishop, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney 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 3