CITY OF IDABEL

CODE OF ORDINANCES

Containing all of the ordinances of
the City of Idabel, Oklahoma
of a general and permanent nature passed prior to
January 1, 2009, and still in effect on that date

ORDAINED AND PUBLISHED BY THE
AUTHORITY OF THE CITY COUNCIL
CITY OF IDABEL

City of Idabel
201 E. Main
Idabel, OK 74745
(580) 286-7608

Compiled and codified by:
Mitchell K. Leonard
Attorney at Law
2100 E. Washington, Suite C
Idabel, OK 74745
(580) 286-3635

CORPORATE AND WARD LIMITS

SECTION 1-201 MAP OF CITY DESIGNATED AS OFFICIAL MAP

The map of the city showing its territorial limits and zoning districts is hereby designated as the official map of the city, and the corporate limits as shown thereon are declared to be the true and correct corporate limits of the city including all annexations made to the city through and including the date of January 1, 2009.

SECTION 1-202 WARD NUMBER AND BOUNDARIES

The city is divided into four (4) wards as shown on the city’s ward boundary map, and as also described as follows:

  1. Ward One (1) consists of the territory beginning South at the utmost Northeasterly point, South on Old U.S. Highway 70 and Central Street to N.W. 1st (MLK Ave.) Thence West to Kansas Avenue, thence Southward to Southwest Madison Street, thence West to Seminole Avenue, thence South to the city Limit, thus making the new boundary line contiguous to S.W. Kansas Avenue- S.W. Madison to Seminole to the Southmost City Limit-Highway 70 Truck By-pass.
  2. Ward Two (2) consists of the territory beginning South at the utmost Northwesterly point, South on Old U.S. Highway 70 and Central Street to East Main Street thence Eastward to Lynn Lane thence South to the City Limit thus making the new boundary line contiguous to East Main South to the City Limit-Highway 70 Truck By-pass thence East-Northeasterly point of the annexed boundary of Ward Two (2).
  3. ard Three (3) consists of the territory beginning North at the utmost Southeasterly point on LeFlore Street to Southwest Van Buren thence East to Jamaica Street thence North to S.W. Madison thence East on Madison Street to Lynn Lane, thence North East Main, thence West to North Central thence Northwesterly to N.W. First (MLK Ave.) Thence West to Kansas Avenue, thence South to S.W. Madison, thence West to Seminole Street thus making the new boundary South on Seminole to the City Limit-Highway 70 Truck By-pass South, and a portion of Lynn Lane on the East; and
  4. Ward Four (4) consists of the territory beginning North at the utmost Southwesterly point on LeFlore Street to the Southwest Van Buren, thence East to Jamaica Street, thence North to

General Provisions

S.W. Madison, thence East on Madison Street to Lynn Lane thus making the new boundary South Lynn Lane across Highway 70 Truck By-pass South to the Southeast corner of Southern Oaks Subdivision, including two (2) lots in Village East Addition, thence Westerly, on existing boundary, including Ginn Addition West to utmost Southwesterly point.

Ed. Note: The Oklahoma Tax Commission has not completed its review of the annexations to Wards 1 and 2 for the revised boundaries for these wards. This should be reviewed and updated at the time this information is provided by the Oklahoma Tax Commission.

(Prior Code, Chapter 22; Ord. No. 510,2/5/93)

State Law Reference: Municipal wards, review after ten years, 11 O.S. 20-101.

Part 2: Administration & Government

Government Organization

Section 2-101 Mayor-council form of government.

The city is governed by the statutory aldermanic mayor-council form of government. the powers of the city are vested in the city council.

State Law Reference: Aldermanic mayour council form, Sections 9-101 et seq. Title 11 of Oklahoma Statutes.

Section 2-102 Mayor

  1. The mayor shall preside at meetings of the council and shall certify to the correct enrollment of all ordinances and resolutions passed by it. The mayor is not considered a member of the council for quorum or voting purposes, except the he may vote on questions when there is a tie.
  2. The mayor, as chief executive officer and head of the administrative branch of the city, shall have further powers and duties to appoint and remove officers and employees, subject to confirmation of the council, and powers and duties authorized by state law.
  3. The mayor may sign or veto any city ordinance passed by the city council. If the mayor neglects or refuses to sign any ordinance or return it with his objections in writing at the next regular meeting of the council, the ordinance shall become law without his signature.

State Law Reference: Similar provisions, 11 O.S. Secs. 9-104 to 9-106

CITY COUNCIL

Section 2-201 Elections to be held annually; overlapping terms
Section 2-202 Time of regular meetings of the council
Section 2-203 Place of meetings of the council

SECTION 2-201 ELECTIONS TO BE HELD ANNUALLY; OVERLAPPING TERMS

In a statutory mayor-council aldermanic city, the terms of the elected officers are staggered so that at any one general municipal election, the following officers are to be elected for four-year terms:

    1. Council members from odd-numbered wards;
    2. The mayor;
    3. The marshal;
    4. The street commissioner.

At the next general municipal election, the following officers are to be elected for four-year terms:

    1. Council members from even-numbered wards.

*The term of office for the clerk-treasurer shall be for a six-year term, beginning April 15, 2007.

(Reference Ordinance No. 582, dated January 16, 2007)

State Law Reference: Governing body designated, 11 O.S. §9-102; election schedule, 11 O.S. §16-201.

SECTION 2-202 TIME OF REGULAR MEETINGS OF THE COUNCIL

The council of the city shall hold a regular meeting at 7:30 P.M. on the first and third Tuesdays of every month. If such a Tuesday falls on a holiday, the regular meeting shall be held at that time on the next day which is not a holiday.

SECTION 2-203 PLACE OF MEETINGS OF THE COUNCIL

Every meeting of the council shall be held in the council chamber in the city hall unless, in case of emergency, the mayor or the council members calling a special meeting designate another place in the city for the holding of the special meeting. Any adjourned meeting may be held at any other place within the city designated by the council.

 

CITY CLERK-TREASURER

Section 2-301 City clerk-treasurer
Section 2-302 Duties
Section 2-303 Additional duties

SECTION 2-301 CITY CLERK-TREASURER

The city clerk-treasurer shall be an officer of the city. (Prior code, Sec. 1-5, 1-6 in part; Ord. No. 510, 1/5/93)

State Law Reference: City clerk, creation of office and duties. 11 O.S. §10-117; City treasurer, creation of office and duties,11 O.S. §10-118.

Ed. Note: Ord. 510, 1/5/93, consolidated the offices of city clerk and city treasurer effective with the election on April 6, 1993.

SECTION 2-302 DUTIES

  1. As clerk, the clerk-treasurer shall serve as the clerical officer of the city council. The city clerk-treasurer shall:
    1. Keep the journal of the proceedings of the city council;
    2. Enroll in a book or books kept for the purpose all ordinances and resolutions passed by the council;
    3. Have custody of documents, records and archives as may be provided by law or ordinance, and have custody of the seal of the city;
    4. Attest and affix the seal of the city to documents as required by law or ordinance;
    5. Have such other powers, duties and functions as may be prescribed by law or ordinance.
  2. As treasurer, the clerk-treasurer, subject to regulations as the council may prescribe, shall deposit daily funds receive for the city in depositories as the council may designate. He/she shall have such other powers, duties and functions as maybe prescribed by law or by ordinance.
  3. The pay period for the city clerk-treasurer shall be semi-monthly. The clerk-treasurer shall be paid each pay period the amount set by the council by ordinance contingent upon the clerk-treasurer’s performance of the statutory duties of the offices of city clerk and the city treasurer. (Prior Code, Secs. 1-5, 1-6 in part)

Cross reference: See also officers’ salaries, 2-405.

SECTION 2-303 ADDITIONAL DUTIES

  1. There is hereby created a position for the performance of such duties relating to the maintenance of the books and records and office operations of the city as the council shall prescribe. The position shall be filled by the person serving as city clerk-treasurer or as otherwise provided by the council. The person shall serve at the pleasure of the council.
  2. There is hereby created the position of Public Works Authority treasurer for the performance of such duties relating to financial responsibilities as the council shall prescribe. The position shall be filled by the city clerk-treasurer or as otherwise provided by the council. The person shall serve at the pleasure of the city council
  3. The pay period for these positions set out in Subsection A and B shall be monthly and semi-monthly, respectively. The salary for the positions shall be the amount set by council each pay period. The salary of the positions shall not be subject to constitutional restrictions.
    (Ord. No. 487, 4/20/87; Ord. No. 502, 4/15/91; Ord. No. 509, 10/20/92)

Cross Reference: See Ordinance Table and Section 2-405 on elected official salaries.

OTHER DEPARTMENTS AND PERSONNEL

Section 2-401 City attorney
Section 2-402 Cooperative health department; director
Section 2-403 Compensation of officers
Section 2-404 Certain personnel to be bonded
Section 2-405
Section 2-406

SECTION 2-401 CITY ATTORNEY

  1. The city attorney shall be appointed by the mayor, subject to confirmation by the council. The city attorney is an officer of the city. He is the chief legal advisor of the council and all other officers, departments, and agencies of the city government in matters relating to their official powers and duties. He represents the city in proceedings in the courts, and performs all services incident to his position which may be required by law or ordinance.
  2. The salary of the city attorney shall be established by the mayor and council to compensate for all routine duties performed for the city. However, the mayor and council may employ the city attorney or any other attorney or firm for any particular matter at a fee to be agreed upon between them. (Prior code, Sec. 1-30, 1-31)

SECTION 2-402 COOPERATIVE HEALTH DEPARTMENT; DIRECTOR

The cooperative health department of he county and its director shall have the powers of a city health department and city health officer respectively for the city. References to health department and health officer or director of the health department in this code and in other ordinances of the city mean the cooperative health department and its director, unless the context clearly indicates another meaning.

SECTION 2-403 COMPENSATION OF OFFICERS

  1. A. The pay period for elected officials of the city shall be monthly for council member and semi-monthly for the mayor, police chief and street commissioner.
  2. The mayor and council by ordinance, subject to constitutional restrictions, shall establish the salary for the following elected officials:
    1. Mayor;
    2. Council member;
    3. Clerk-treasurer;
    4. Police chief;
    5. Street commissioner.

      Ed. Note: Ordinance No. 582, 1/16/07, set yearly salaries for the mayor at $48,792.00, clerk-treasurer at $36,480.00, Police Chief at $36,480.00 and Street Commissioner at $36,480.00. All salaries except the council members are semi-monthly.

  3. Elected officials may be reimbursed for expenses actually incurred by them in the performance of their official duties. However, no such reimbursement shall be made unless the incurrence thereof shall have been approved or authorized in advance by the city council. (Prior code, Sec. 1-53, 1-54 in part; Ord. No. 486, 1/20/87; Ord. No. 501, 1/15/91; Ord. No. 518, 12/6/94)

SECTION 2-404 CERTAIN PERSONNEL TO BE BONDED

  1. Before entering upon their official duties, the following personnel of the city government shall provide bonds for the faithful performance of their official duties, payable to the city, with a surety company authorized to operate within the state, in the amounts respectively established by the mayor and city council:
    1. City clerk-treasurer; and
    2. Such other officials designated by the mayor and council.
  2. The mayor and council, by motion or resolution, may require other officers and employees in such positions as it may designate to be bonded. By motion or resolution the council may increase the amount of the bonds for the personnel listed in Subsection A of this section and also may provide for blanket bonds for city personnel. (Prior Code, Sec. 1-7, 1-10, as amended)

State Law Reference: Treasurer and officers designated by ordinance to give bond, city pays premium, 11 O.S. §8-105.

Note: Does city still require police officers to give bond?

SOCIAL SECURITY

SECTION 2-501 DECLARATION OF POLICY TO COME UNDER COVERAGE

It is hereby declared to be the policy and purpose of the city to extend, at the earliest date, to the eligible employees and officials of the city the benefits of the system of Federal Old-Age and Survivors Insurance as authorized by the Federal Social Security Act and all amendments thereto, and Sections 121 et seq of Title 51 of the Oklahoma Statutes. In pursuance of this policy, the officers and employees of the city shall take such action as may be required by applicable state or federal laws or regulations (Prior Code, Sec. 1-59)

State Law Reference: Social security coverage for local governments, 51 O.S. Section 125

SECTION 2-502 EXECUTION OF AGREEMENT WITH STATE AGENCY

The mayor is authorized and directed to execute all necessary agreements and amendments with the State Department of Human Services to accomplish the provisions of Section 2-501 of this code. (Prior Code, Sec. 1-60)

SECTION 2-503 WITHHOLDINGS

Withholdings from salaries or wages of employees and officials for the purposes provided in Section 2-501 of this code are hereby authorized to be made in the amounts and at such times as may be required by applicabel state and federal laws or regulations, and shall be paid over to the state or federal agency designated by the laws and regulations. (Prior Code, Sec. 1-61)

SECTION 2-504 CONTRIBUTIONS

Employer contributions shall be paid from amounts appropriated for these purposes from available funds to the designated state or federal agency in accordance with applicable state or federal agency designated by the laws and regulations (Prior Code, Sec. 1-61)

SECTION 2-505 RECORDS AND REPORTS

The city shall keep such records and submit such reports as may be required by applicable state or federal laws or regulations. (Prior Code, Sec. 1-63)

SECTION 2-506 EXCLUSIONS

Excluded from this chapter authorizing the extension of social security benefits to city officers and employees are the following:

RETIREMENT AND PENSIONS

FIRE PENSION SYSTEM

Section 2-601 Local fire pension and retirement board
Section 2-602 Fund to be operated in accordance with law
Section 2-603 Contributions to fund

SECTION 2-601 LOCAL FIRE PENSION AND RETIREMENT BOARD

There is hereby created a local firefighters’ pension and retirement board composed of the _____________________ which shall have the membership, organization, powers, duties and functions as prescr5ibed by Section 49-103 et seq. Of Title 11 of the Oklahoma Statutes. (Prior code, Sec. 1-56)

State Law Reference: Firefighters’ retirement and pension law, 11 O.S. §49-101 et seq.

SECTION 2-602 FUND TO BE OPERATED IN ACCORDANCE WITH LAW

The city’s firefighter’s pension and retirement system and fund shall be operated in accordance with state law relating to the fund and system. (Prior Code, Sec. 1-57)

SECTION 2-603 CONTRIBUTIONS TO FUND

  1. The clerk-treasurer shall deduct from the salaries or wages of each member of the fire department as required by law the amounts which are required by applicable state law. The treasurer of he city shall deposit in the Oklahoma Firefighters’ Pension and Retirement Board the amounts deducted pursuant to this subsection. Any amounts deducted from the salary or wages of a fire department member shall be made at the time of each payroll. The deductions shall be set forth in the payroll so that each member may be able to ascertain the exact amount which he is contributing.
  2. The city clerk-treasurer shall deposit with the Oklahoma Firefighters’ Pension and Retirement Board the amounts of money which are required by applicable state law for each member of the fire department. (Prior Code, Sec. 1-58)

State Law Reference: Firefighter’s pension law, 11 O.S. §49-122, effective 1/1/81.
Cross reference: Fire department and services, Sections 13-201 et seq. of this code.

POLICE PENSION SYSTEM

Section 2-611 Name of system
Section 2-612 Board of trustees
Section 2-613 State police pension and retirement provisions adopted

SECTION 2-611 NAME OF SYSTEM

The system herein established for the purpose of providing pension retirement allowances and other benefits for police officers, their spouses and children, shall be designated and known as the “Police Pension and Retirement System of the City,” and by such name all of its business transacted, all of its funds handled, and all of its cash and securities and other property be held. (Prior Code, Sec. 1-66)

SECTION 2-612 BOARD OF TRUSTEES

There is hereby created a board of trustees for the police pension and retirement system of the city, which board of trustees shall have membership as required by law, and which shall be designated and known as the board of trustees of the pension and retirement system of the police department of the city. (Prior Code, Sec. 1-68)

SECTION 2-613 STATE POLICE PENSION AND RETIREMENT PROVISIONS ADOPTED

The city hereby adopts the provisions of the state law governing the Oklahoma Police Pension and Retirement Systems and amendments thereto for the purpose of providing the police officers of the city with a retirement program. The city agrees to make contributions to the system in such amounts as are required by law. (Prior Code, Secs. 1-67, 1-70 to 1-96)

State Law Reference: Police pension and retirement system, 11 O.S. § 50-101 et seq.; option to establish local board, 11 O.S. §50-105.1; jointing state system, 11 O.S. §50-106.3; contributions to be paid by municipality and police members, 11 O.S. §10-109 and 50-110.

EMPLOYEE RETIREMENT SYSTEM

Section 2-621 Employee retirement system created
Section 2-622 Administration
Section 2-623 Fund
Section 2-624 Appropriations
Section 2-625 Execution
Section 2-626 Conflicting laws

SECTION 2-621 EMPLOYEE RETIREMENT SYSTEM CREATED

Pursuant to the authority conferred by the laws of the state and for the purpose of encouraging continuity and meritorious service on the part of city employees and thereby promote public efficiency, there is hereby authorized, created, established, approved and adopted, the funded pension plan designated “Employee Retirement System of Idabel, Oklahoma” (hereinafter called “system”), and as amended, an executed counterpart of which is marked “Exhibit A”.

Ed. Note: Exhibit A is on file in the city clerk-treasurer’s office and is available for public inspection. Amendments to the system adopted by ordinance are listed on the Ordinance Table and on file in the office of the clerk-treasurer.

SECTION 2-622 ADMINISTRATION

For the purpose of administration of the system there is hereby established a board of trustees, which shall be the members of the city council of the city as now existing or as from time to time duly elected or appointed and constituted. The powers and duties of the board of trustees shall be set forth in the system instrument marked “Exhibit A” as mentioned in Section 2-611.

SECTION 2-623 FUND

A fund is hereby provided for the exclusive use and benefit of the persons entitled to benefits under the system. All contributions to such fund shall be paid over to and received intrust for such purpose by the city treasurer, who shall be the treasurer of the system. Such fund shall be pooled for purposes of management and investment with similar funds of other incorporated cities and towns in the state as a part of the Oklahoma Municipal Retirement Fund, in accordance with a duly executed contract for such purpose which contract shall be executed by the city council as soon as feasible. The city treasurer shall hold such contributions in the form received, and from time to time pay over and transfer the same to the Oklahoma Municipal Retirement Fund, as duly authorized and directed by the board of trustees. The fund shall be nonfiscal and shall not be considered in computing any levy when the annual estimate is made to the county excise board. The fund and system shall be valued each year for actuarial soundness by a qualified actuarial firm.

SECTION 2-624 APPROPRIATIONS

The city is hereby authorized to incur the necessary expenses for the establishment, operation and administration of the system and to appropriate and pay the same. In addition, the city is hereby authorized to appropriate annually such amounts as are required in addition to employee contributions, to maintain its amended retirement system and the fund on a sound actuarial basis in accordance with the respective biannual actuarial valuation. However, the amount so appropriated in any one fiscal year of the city to maintain the system and trust fund shall not exceed ten percent (10%) of the current annual salaries of all employees covered by the system. Any appropriation so made to maintain the amended retirement system and fund shall be for deferred wages or salaries and for the payment of necessary expenses of operation and administration, including separate annual appropriations to be transferred to the trustees of the Oklahoma Municipal Retirement Fund for such purposes, and shall be paid into the Oklahoma Municipal Retirement Fund when available, through the city treasurer, to be by him/her duly transferred to the fund.

SECTION 2-625 EXECUTION

  1. The mayor and city clerk-treasurer be and they are each hereby authorized and directed to execute (in counterparts, each of which shall constitute an original) the original system instrument, and all amendments, and to do all other acts and things necessary, advisable and proper to put the system and amendments and related trust into full force and effect, and to make such changes therein as may be necessary to qualify the same under Section 401(a) and 501(a) of the Internal Revenue Code of the United States. The counterpart marked as Exhibit A, which has been duly executed as aforesaid simultaneously with the passage of this chapter is hereby ratified and confirmed in all respects.
  2. The city council is hereby authorized and directed to proceed immediately on behalf of the city to negotiate a contract with other incorporated cities and towns of the state to pool and combine the fund into the Oklahoma Municipal Retirement Fund a s apart thereof, with similar funds of such other cities and towns, for purposes of pooled management and investment. The city council shall manifest approval of such contract and the execution thereof by the mayor and city clerk-treasurer by a formal resolution.

SECTION 2-626 CONFLICTING LAWS

Any ordinance inconsistent with the terms and provisions of this chapter is hereby repealed, provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this chapter shall be cumulative of other ordinances regulating and governing subject matter covered by this chapter.

  1. Any authority to make any agreement with respect to any position, employee or official now covered or authorized to be covered by any other ordinance creating any retirement system for any employee or official of the city; or
  2. Any authority to make any agreement with respect to any position, employee or official for which compensation is on a fee basis, or any position, employee or official not authorized to be covered by applicable state or federal laws or regulations.

(Prior Code, Secs. 1-64, 1-65)

CITY RECORDS

Section 2-701 Definitions
Section 2-702 Appointment of official custodian
Section 2-703 Designation of additional record custodian
Section 2-704 Requests to be directed to custodians
Section 2-705 Duties of custodians
Section 2-706 Procedures regarding inspection, copying and mechanical reproduction of open public records
Section 2-707 Fee for inspection, copying and mechanical reproduction of open public records
Section 2-708 Search fee
Section 2-709 Prepayment of fees

SECTION 2-701 DEFINITIONS

“Record” means all documents, including, but not limited to, any book, paper, photograph, microfilm, computer tape, disk and record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession of pubic officials, public bodies, or their representatives in connection with the transaction of public business, the expenditure of public funds or the administering of public property.

“Exemptions” means records specifically required by law to be kept confidential including, but not limited to, records of what transpired during meetings of a public body lawfully closed to the public such as executive sessions authorized under state law, personnel records which relate to internal personnel investigations, or where disclosure would constitute a clearly unwarranted invasion of persona privacy.

SECTION 2-702 APPOINTMENT OF OFFICIAL CUSTODIAN

The City Clerk-Treasurer is hereby appointed as official custodian for purposes of the Oklahoma Open Records Act and is charged with responsibility for compliance with that act with respect to the following listed public records: All public records kept and maintained in the city clerk-treasurer’s office and all other public records not provided for elsewhere in this chapter.

State Law Reference: Open Records Act, 51 O.S. Sect. 24.A.1 to 24.A.18.

SECTION 2-703 DESIGNATION OF ADDITIONAL RECORD CUSTODIANS

  1. Each of the official custodians appointed in Section 2-702 of this code is hereby authorized to designate any subordinate officers or employees to serve as record custodian. The record custodian shall have such duties and powers as are set out in the Oklahoma Open Records Act.
  2. Whenever an official custodian shall appoint another person as a record custodian, he shall notify the city clerk-treasurer of such designation and the city clerk-treasurer shall maintain a register of all such designations.

SECTION 2-704 DUTIES OF CUSTODIANS

All city officials and employees appointed or designated under this chapter shall: protect public records from damage and disorganization; prevent excessive disruption of the essential functions of the city; provide assistance and information upon request; insure efficient and timely action and response to all applications for inspection of public records; and shall carry out the procedures adopted by this city for inspecting and copying open public records.

SECTION 2-705 REQUESTS TO BE DIRECTED TO CUSTODIANS

  1. All members of the public, in seeking access to, or copies of, a pubic record in accordance with the provisions of the Oklahoma Open Records Act, shall address their requests to the custodian charged with responsibility for the maintenance of the record sought to be inspected or copied.
  2. Whenever any city official or employee appointed or designated as a custodian under this chapter is presented with a request for access to, or copy of, a public record which record the custodian does not have in his possession and which he has not been given responsibility to keep and maintain, the custodian shall so advise the person requesting the record. The person making the request shall be informed as to which custodian the request should be addressed to, if such is known by the custodian receiving the request.

SECTION 2-706 PROCEDURES REGARDING INSPECTION, COPYING AND MECHANICAL REPRODUCTION OF OPEN PUBLIC RECORDS

The following procedures are hereby adopted and shall be applied by each official custodian and record custodian:

    1. Consistent with the policy, duties and procedures established by the Oklahoma Open Records Act, record custodians shall provide full access and assistance in a timely and efficient manner to persons who request access to open public records;
    2. Record custodians shall protect the integrity and organization of public records with respect to the manner in which such records are inspected and copied;
    3. Record custodians may prevent excessive disruptions of essential functions and provide the record at the earliest possible time;
    4. Record custodians shall handle all inspection and copy requests in accordance with their duties to protect and preserve public records and to assist persons requesting inspection and copying of open public records;
    5. All inspections, copying and mechanical reproduction of open public records shall be performed by or under the supervision of, the record custodian responsible for such records;
    6. All persons requesting the inspection of, copy of or mechanical reproduction of, open public records shall make such request in writing prior to the request being honored, except that no form shall be required for requests made for records which have been reproduced for free public distribution;
    7. All record inspection and copying forms are to be completed by the person requesting the record. The record custodian may demand reasonable identification of any person requesting a record. In all cases the party so requesting must sign his or her name to the form. Written requests shall be made on the form provided by the record custodian and presented to the record custodian;
    8. A written request is sufficient if it reasonably describes the record sought. In instances where the requestor cannot provide sufficient information to identify a record, the custodian shall assist in making such identification;
    9. Mechanical reproduction of a record shall not be undertaken when it is the judgment of the record custodian that any available means of mechanically reproducing the subject record is likely to cause damage to such records;
    10. The record custodian shall, upon making a denial of an inspection request, forward a copy of the denial to the mayor.
    11. Hours for making requests for inspection, copying or mechanical reproduction of open public records shall be all regular working hours for each day the office maintains regular office hours;
    12. Removal of open public records from the office where kept and maintained, for purposes of inspection or the making of copies, shall not be permitted; and
    13. The above procedures, as well as any other inspection and copying procedures, shall be posted in a conspicuous place in the office of the record custodian.

SECTION 2-707 FEE FOR INSPECTION, COPYING AND MECHANICAL REPRODUCTION OF OPEN PUBLIC RECORDS

  1. The record custodian shall assess a fee of not less than .25 per copied page for documents having the dimensions of 81/2” x 14” or smaller, and not more than $1.00 per copied page for a certified copy.
  2. Any fees for record inspection or for copies are due at the time the records, or copies thereof, are provided to the requestor, unless the record custodian has demanded that prepayment of all or part of such fees be made. Fees are to be paid to the record or city clerk-treasurer.
  3. No record search or copying fee shall be assessed against officers or employees of the city who make requests which are reasonably necessary to the performance of their official duties.
  4. No copy fee shall be assessed when multiple copies of the record requested have been prepared for free public distribution, or when the record custodian determines that the cost of charging and handling the fee exceeds the cost of providing a copy without charge.

SECTION 2-708 SEARCH FEE

A search fee shall be charged a requestor who is using the record solely for a commercial purpose. Such fee shall be the actual cost to the city of producing the record, including the cost of labor, materials and equipment.

SECTION 2-709 PREPAYMENT OF FEES

A record custodian may demand prepayment of a fee whenever the estimated amount exceeds Twenty Dollars ($20.00). The prepayment amount shall be an estimate of the cost of copying, mechanical reproduction or searching for the record. Any overage or underage in the prepayment amount shall be settled prior to producing the requested record or delivering the copy or mechanical reproduction of the record.

 

Alcoholic Beverages

ALCOHOLIC BEVERAGE LICENSING

SECTION 3-101 DEFINITIONS

As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section unless the context clearly requires otherwise.

    1. “ABLE Commission” means the Alcoholic Beverage Law Enforcement Commission of the state;
    2. “Alcoholic beverage” means beverages defined as such by state law and controlled by the Oklahoma Alcoholic Beverage Control Board, and does not include nonintoxicating beverages as defined in this code;
    3. “Licensee” means any person, partnership, firm, corporation or association who holds a license issued by the authority of the Oklahoma Beverage Control Act;
    4. The following specific terms are given the meanings defined for them by Section 6 of the Oklahoma Alcoholic Beverage Control Act (37 O.S. §502 to 567): brewer, class B wholesaler, distiller, winemaker, rectifier, Oklahoma winemaker, wholesaler and package store; and
    5. Words in the plural include the singular, and vice versa; and words imparting the masculine gender include the feminine.

(Prior Code, Sec. 2-1, as amended)

State Law Reference: State Alcoholic Beverage Act, 37 O.S. §501 et seq.

SECTION 3-102 OCCUPATION TAX LEVIED

  1. There is hereby levied an annual occupation tax upon each person, firm or corporation engaged within this city in any of the following occupations hereinafter named, in the following sums respectively set opposite the designation of each such occupation:
    1. Brewer $1,250
    2. Distiller $3,215
    3. Winemaker $ 625
    4. Oklahoma winemaker $ 75
    5. Rectifier $3,125
    6. Wholesaler $2,500
    7. Class B wholesaler $ 625
    8. Package store $ 50
    9. Mixed beverage establishment $1,000 initial; $900 renewal
    10. Bottle club $1,000 initial; $900 renewal
    11. Caterer $1,000 initial; $900 renewal
    12. Special event (per day) $ 50
  2. The occupation tax prescribed herein shall be reduced to the extent necessary to conform to applicable state law reducing the state license fee to such person, but only to such extent as may be required to conform to applicable state law, it being the intention that this chapter shall levy the maximum tax allowable for the occupations on which there is hereby levied an occupation tax.
  3. The occupation tax shall cover only the person paying the tax and no other of a successor thereof, and shall not be refundable.

State Law Reference: Cities may levy occupation tax not to exceed state fee, 37 O.S.§554.1; state license fee amounts, 37 O.S. §518.

SECTION 3-103 TAX TO BE PAID TO CITY CLERK-TREASURER; EXPIRATION; PRORATION

  1. All occupation taxes herein provided shall be paid in advance, to the city clerk-treasurer, who shall issue a receipt therefor. The city clerk-treasurer shall record the name of such licensee and the address where he engages in his occupation. Such records shall be duly filed and kept in the permanent files of the city for at least five (5) years. Thereafter, upon resolution by the council, such records may be destroyed.
  2. All occupation taxes levied under the provisions of this article expire on June 30 of each year.
  3. The amount of any occupation tax levied shall be computed pro-rata upon the months remaining in the year ending June 30 following. Such taxes paid on or before the fifteenth day of any month shall be on the basis of the first day of the month, and such taxes paid after the fifteenth day of any month shall be on the basis of the first day of the next succeeding month.

SECTION 3-104 CITY CLERK-TREASURER TO MAKE REPORT

The city clerk-treasurer shall make and transmit to the Oklahoma Alcoholic Beverage Control Board an annual report showing the number and class of licensees upon which occupation taxes were levied, and the amount of money collected from such taxes.

SECTION 3-105 TO POST TAX RECEIPT

Any state licensee shall post his tax receipt in a conspicuous place in the premises wherein he carries on his occupation.

SECTION 3-106 PAYMENT OF TAX REQUIRED; PENALTY

Any person who engages in any of the occupations taxed by this chapter without paying the occupation tax imposed therefor is guilty of an offense against the city, and, upon conviction thereof, shall be fined as provided in Section 1-108 of this code.

SECTION 3-107 ADDITIONAL PENALTY

If the occupation tax due from any person under the provisions of this chapter remains due and unpaid for a period of ten (10) days, there shall be imposed upon him such additional penalties as are authorized by law.

SECTION 3-108 RECOVERY OF TAX

All sums due from any person by reason of occupation taxes imposed by this chapter and all penalties accruing from such person by reason of failure to pay such tax shall be recoverable at the suit if the city brought against such person in any court of competent jurisdiction. In any such suit, in addition to the tax and penalties, the plaintiff shall recover interest, at the rate of ten percent (10%) per annum upon all sums due by way of tax and penalty from the date of accrual thereof, and costs of collection, judicial or otherwise, including reasonable attorney’s fees, all to be determined by the court. Prosecution for an offense against the city arising out of the failure to pay a tax levied by this chapter regardless of the outcome thereof or its continued pendency, shall not constitute a defense or a bar in any manner to the collection of the tax and penalties, if any are due, as herein provided.

SECTION 3-109 VIOLATION OF STATE LAW

Any violation of any law of the State of Oklahoma in connection with any of the matters covered by this article shall be construed to be a specific violation of this article, whether specifically covered by the provisions of this chapter nor not.

SECTION 3-110 CERTIFICATE OF ZONING, CODE COMPLIANCE

  1. Every applicant for a certificate of compliance with the zoning, fire, health and safety codes of the city required by Title 37 of the Oklahoma Statutes shall apply at the office of the city clerk-treasurer by:
    1. Filing a written application on forms prescribed by that office; and
    2. Paying a verification and certification fee in the amount as set by the council at the time of filing.
  2. Upon receipt of an application for a certificate of compliance, the city clerk-treasurer shall cause an investigation to be made to determine whether the premises proposed for licensed operations comply with the provisions of the zoning ordinance and any health, fire, building or other safety codes applicable to it.
  3. Upon finding that the premises of an applicant for a certificate is in compliance with all applicable zoning ordinances, a certificate of zoning shall be issued to the ABLE commission.
  4. Upon finding that the premises of an applicant for a certificate is in copliance with all applicable fire, safety and health codes, a certificate of compliance shall be issued to the ABLE commission.
  5. The above certificates of compliance shall be signed by the mayor or by the city clerk-treasurer.

 

REGULATION OF SALE OF ALCOHOLIC BEVERAGES

SECTION 3-121 PURPOSE OF ARTICLE

This article is enacted as an exercise of the police power of the city to preserve the public peace, safety, health and good order thereof and to aid the enforcement of the policy of the State of Oklahoma as established by the Oklahoma Alcoholic Beverage Control Act.

State Law Reference: State alcoholic beverage regulations, 37 O.S.§516,537 and 501 et seq.

SECTION 3-122 MANUFACTURE AND SALE; STATE LICENSE REQUIRED

No person shall produce, manufacture or sell any alcoholic beverages, or rectify any beverage, without having in his possession a valid license issued by the ABLE commission.

SECTION 3-123 KEEPING OR MAINTAINING PLACE IN VIOLATION OF LAW PROHIBITED

No person shall keep or maintain, or aid, assist or abet in keeping or maintaining, a place where alcoholic beverages are possessed, manufactured, sold, bartered or given away in violation of any of the provisions of this chapter or any public place where persons are permitted to resort for the purpose of drinking alcoholic beverages.

SECTION 3-124 TRANSPORTATION OF INTOXICATING BEVERAGES IN VEHICLES; EXCEPTION

  1. No person shall knowingly transport alcoholic beverages in any vehicle upon any public highway, street or alley unless in the original container which is unopened, the seal unbroken and the original cap in place.
  2. Subsection A of this section shall not apply if the opened container is in the rear trunk or compartment or the spare tire compartment in a vehicle commonly known as a station wagon or panel truck, or in any outside compartment which is inaccessible to the driver or any passenger while the vehicle is in motion.

State Law Reference: Similar provisions, 37 O.S. §537

SECTION 3-125 SALE TO MINORS, INCOMPETENT OR INTOXICATED PERSONS PROHIBITED, MINORS ON PREMISES

No person shall:

  1. Sell, furnish or give any alcoholic beverage to any person who is under the age of twenty-one (21) years, or to any person who is insane, mentally deficient or intoxicated;
  2. If he is under the age of twenty-one (21) years, enter, be or remain in the premises of a retail package store, or allow such a person to be, enter or remain in the store;
  3. If he is under the age of twenty-one (21) years, enter, be or remain in a separate or enclosed bar area of the premises of a licensee who holds a license to sell and dispense alcoholic beverages for consumption on the premises, or allow such a person to enter, be or remain in such separate or enclosed bar area.

Note: Reflects state law change.

SECTION 3-126 EMPLOYMENT OF MINORS PROHIBITED

No licensee shall employee any person under the age of twenty-one (21) years, nor shall any person under twenty-one years of age be employed, in the selling or handling of alcoholic beverages. However, a mixed beverage licensee, caterer, or special event licensee may employ servers who are eighteen (18) years of age or older, except in designated bar or lounge areas.

SECTION 3-127 MINORS IN POSSESSION OF INTOXICATING BEVERAGES IN PUBLIC PROHIBITED

No person under age twenty-one (21) years of age shall be in possession of any alcoholic beverage while such person is upon any public street, road, highway or in any public place.

SECTION 3-128 MISREPRESENTATION OF AGE

No person shall misrepresent his age either orally or in writing or by presenting false or altered documentation of age for the purpose of inducing any person to sell him alcoholic beverages.

SECTION 3-129 SEPARATE PREMISES

No person shall maintain, operate, or assist, in any manner, the maintenance or operation of a retail alcoholic beverage store or package store in premises which are not separated from adjoining premises in which any other goods, wares or merchandise are sold or services are rendered by non-transparent walls, broken only, if at all, by a passageway to which the public is not admitted.

SECTION 3-130 PASSAGEWAY

No person shall take any alcoholic beverage through any passageway described in Section 3-129 of this code, for the purpose of delivery thereof in connection with a sale of such beverage.

SECTION 3-131 SALE IN CONTAINERS

  1. No person shall sell or deliver alcoholic beverages at a retail alcoholic beverage store other than:
    1. In retail containers;
    2. At ordinary room temperatures;
    3. In the original package; and
    4. For consumption off the premises.
  2. No person owning, employed in, or in any manner assisting in the maintenance and operation of such a store shall suffer, or permit any alcoholic beverage to be consumed, or any retail container of such beverage to be opened on the premises of such a store.
  3. No person shall purchase any alcoholic beverage at retail or wholesale from any person other than a dealer licensed by the ABLE commission.

SECTION 3-132 SALES ON CREDIT

Except as may be authorized by state law, no person shall sell any alcoholic beverage on credit at any retail package store.

SECTION 3-133 OTHER PROHIBITIONS: HAPPY HOURS, SOLICITATION, NUDITY

  1. No licensee shall advertise or offer “happy hours” or any other means or inducements to stimulate the consumption of alcoholic beverages including:
    1. Deliver more than two (2) drinks to one person at one time;
    2. Sell or offer to sell to any person or group of persons any drinks at a price less than the price regularly charged for such drinks during the same calendar week, except at private functions not open to the public;
    3. Sell or offer to sell to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the public;
    4. Sell or offer to sell drinks to any person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not open to the public;
    5. Increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price regularly charged for such drink during the same calendar week; or
    6. Encourage or permit, on the licensed premises, any game or contest which involves drinking or the awarding of drinks as prizes.
  2. No licensee shall:
    1. Allow any person on the premises where nonintoxicating or alcoholic beverages are sold or dispensed for consumption on the premises of the licensee where such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of
      the areola or any portion of the pubic area, buttocks or genitalia;
    2. Permit any person to perform acts of, or acts which simulate sexual acts;
    3. Permit any person to use artificial devices or inanimate objects to depict any lewd activities; or
    4. Permit the showing of films, still pictures, electronic reproduction or other visual reproduction depicting any of the prohibited acts in this section.
  3. No licensee shall permit any drink solicitation, or request from a patron to purchase any nonintoxicating or intoxicating alcoholic beverage for consumption on the premises of the licensee, as that term is defined in this chapter.

State Law Reference: Similar provisions, 37 O.S. §537

SECTION 3-134 CONSUMPTION OF ALCOHOLIC BEVERAGE IN PUBLIC PLACES

No person within the city shall drink an alcoholic beverage in any public place, unless authorized by the Alcoholic Control Beverage Act, nor shall any person be intoxicated in a public place within the city.

Cross Reference: Misrepresentation of age by false documents generally, Section 10-508; nonintoxicating beverages, see Section 3-213 of this code.

SECTION 3-135 SALE OR DELIVERY PROHIBITED ON CERTAIN DAYS

No wholesale dealer in alcoholic beverages shall sell or deliver to any package store and no package store shall sell any amount of spirits or wines on Saturday or Sunday of any week or on New Year’s Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day, Thanksgiving Day or Christmas Day, or at any time while the polls are open on the day of any general, primary, runoff primary or special election, whether national, state, county or city.

SECTION 3-136 SALE ONLY AT RETAIL STORE

No person shall sell at retail, and no person shall deliver, in consequence or in completion of such a sale, any alcoholic beverages at any place in the city except at a retail alcoholic beverage store in strict conformity with this article and the laws of the state.

SECTION 3-137 ZONING ORDINANCE

No retail alcoholic beverage store, and no wholesale alcoholic beverage store, warehouse, brewery, distillery, winery or any other place, however described, for the manufacture or production or bottling of alcoholic beverages of any kind shall be located, maintained, or operated by any person, at any place within the boundaries of the city except at a location at which such an establishment is permitted by the zoning ordinance of the city as to retail package stores, and the clear implication of the state law as to the other establishments.

State Law Reference: Location, proper zoning, 37 O.S. §528.2

SECTION 3-138 LOCATION

  1. No person shall own, operate, maintain or be interested in any establishment listed in Section 3-102 of this code which is located at a place within this city which is forbidden as a location for such store by the laws of the state or ordinance of this city.
  2. The locations of a retail package store shall be prohibited within three hundred feet (300) from any church property primarily and regularly used for worship services and religious activities, or public school, provided, that if such church or school shall be established within three hundred feet (300) of any licensed retail premises, after such premises have been licensed, this shall not be a bar to the renewal of such license so long as it has been in continuous force and effect. The distance indicated in this section shall be measured from the nearest property line of such church or
    school to the nearest public entrance door of the premises of such package store along the street right of way line providing the nearest direct route usually traveled by pedestrians between such points. For purposes of determining measured distance, property situated on the opposite side of the street from such church or school shall be considered as if it were located on the same side of the street with such church or school. A license shall not be issued for a location on any city or town block where a school or church is located.

State Law Reference: Similar provisions, 37 O.S. §534

SECTION 3-139 TIME OF SALE

  1. No person shall open for business or keep open for business, or sell or deliver or receive deliveries of alcoholic beverages to any person at a retail alcoholic beverage store in this city on any Sunday, New Year’s Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day, Thanksgiving Day or Christmas Day, or, while the polls are open, on the day of any general, primary, runoff primary or special election, whether national, state, county, or city, or on any other day except between the hours of 10:00 A.M. and 9:00 P.M.
  2. No alcoholic beverages may be sold, dispensed, served or consumed on the premises of a mixed drink beverage licensee or bottle club between the hours of 2:00 A.M. and 6:00 A.M. No licensee shall permit any person, who has in his possession an open container, having as its contents an intoxicating alcoholic beverage, to remain in mixed beverage establishment between the hours of 2:15 A.M. to 6:00 A.M. No person, having in his possession an open container, having as its contents an intoxicating alcoholic beverage, shall remain in a mixed beverage establishment between the hours of 2:15 A.M. and 6:00 A.M. For the purpose of this section, an open container shall mean any receptacle containing nonintoxicating or intoxicating alcoholic beverage, to include the original container of the beverage where the original seal has been broken or opened.

SECTION 3-140 TIME OF DELIVERY

No person shall sell or deliver to any retail alcoholic beverage store in this city any amount of spirits or wines on Saturday or Sunday of any week, New Year’s Day, Memorial Day, Fourth of July, Labor Day, Veteran’s Day, Thanksgiving Day, Christmas Day or while the polls are open on the day of any general, primary, runoff primary or special election, whether national, state, county or city.

SECTION 3-141 NOT TO FURNISH PRIZES

No owner or proprietor of a retail alcoholic beverage store, and no person employed therein, shall offer or furnish any prize, premium, gift or similar inducement to a consumer in connection with a sale of alcoholic beverages.

SECTION 3-142 NOT TO PERMIT DRUNKENNESS IN CAFE’

No person, whether as owner, manager, operator, or employee of a café, restaurant, club, or any place of recreation within this city, and no employee engaged in connection with the operation of such a café, restaurant, club or place of recreation, shall permit any person to be drunk or intoxicated in the place of business.

SECTION 3-143 SEPARATE OFFENSES

Each day’s violation of this chapter shall constitute a separate offense, but nothing herein contained shall be construed as determining that not more than any one such offense can be committed in any one day by the same person.

SECTION 3-144 PENALTY

Any violation of any provision contained in this article is an offense against the city; upon conviction of any such offense, the violator shall be punished by a fine as provided by Section 1-108 of this code, including costs.

NONINTOXICATING BEVERAGES

SECTION 3-201 DEFINITIONS

The following terms, when used in this chapter, shall have the meanings respectively ascribed to them in this section:

  1. “Minor” means a person who in accordance with applicable state law, has not yet attained the age at which consumption of nonintoxicating beverages is permitted.
  2. “Nonintoxicating beverages” means all beverages containing more than one-half of one percent (1/2 of 1%) alcohol by volume, and not more than three and two-tenths percent (3.2%) alcohol by weight; and
  3. “Retail dealer” means and include any and all persons, firms, corporations, associations or concessionaires who sell, distribute or dispense any nonintoxicating beverages, as herein defined, within the corporate limits of the city without regard as to any place where such beverages may e consumed or used.

State Law Reference: See 37 O.S. Sections 163.1 et seq. for definitions and regulations applicable to nonintoxicating beverages.

SECTION 3-202 NOT TO SELL TO MINORS

It is unlawful for any person to knowingly sell, barter, purchase for, delivery or furnish to any minor any nonintoxicating beverage for purposes of consumption on or off premises.

State Law Reference: 37 O.S. Section 241

SECTION 3-203 TIME OF SALE

It is unlawful for any retail dealer to sell, or offer for sale, any nonintoxicating beverages for consumption on the premises between the hours of 2:00 A.M. and 7:00 A.M. on any weekday and between the hours of 2:00 A.M. on Sunday and 7:00 A.M. of the following Monday.

SECTION 3-204 LICENSE FEE

  1. There is hereby levied upon each retail dealer in nonintoxicating beverages for consumption on and off the premises, an annual municipal license of Twenty Dollars ($20.00), and upon each retail dealer in nonintoxicating beverages for consumption off the premises, an annual license fee of Ten Dollars ($10.00).
  2. All such municipal license fees shall be paid to the city clerk-treasurer at the time of issuance and in the manner herein prescribed.

SECTION 3-205 LICENSE REQUIRED

It is unlawful for any retail dealer, whether permanent or temporary, at any place within the corporate limits of the city to sell, distribute or dispense any nonintoxicating beverages without having first applied for and received a municipal license as herein required.

SECTION 3-206 COMPLIANCE WITH STATE LAW; NOT TRANSFERABLE

No municipal license shall be issued to any retail dealer by the city clerk-treasurer without a satisfactory showing that the applicant has obtained all state and county permits required by law, and has in all other respects complied with the laws of the state relating to the sale and distribution of nonintoxicating beverages. All licenses levied herein shall expire on June 30 of the year following issuance. No license shall be transferable.

SECTION 3-207 MINORS ON PREMISES PROHIBITED, EXCEPTIONS

  1. It is unlawful for any person who holds a license to sell or dispense nonintoxicating beverages for consumption on the premises, or any agent, servant, or employee of the license holder, to permit any minor to be admitted to or remain in a separate or enclosed bar area of the licensed premises which has as its main purpose the selling or serving of nonintoxicating beverages for consumption on the premises, unless the minor’s parent or legal guardian is present. The provisions of this section shall not prohibit minors from being admitted to an area which has as its main purpose some objective other than the sale or serving of nonintoxicating beverages, in which sales or serving of the beverages are incidental to the main purpose, as long as minors are not sold or served the beverages; however, the incidental service of food in the bar area shall not exempt a licensee, agent, servant, or employee from the provisions of this section.
  2. If the premises of a holder of a license to sell nonintoxicating beverages contains a separate or enclosed bar area which has as its main purpose the sale or serving of nonintoxicating beverages for consumption on the premises, no minor shall enter, attempt to enter, or remain in the area. The provisions of this subsection shall not prohibit minors from entering or remaining in an area which has as its main purpose some objective other than the sale or serving of nonintoxicating beverages, in which sales or serving of the beverages are incidental to the main purpose, if the minors are not sold or served or do not consume nonintoxicating beverages anywhere on the premises; however, the incidental service of food in the bar area shall not exempt minors from the provisions of this subsection.

SECTION 3-208 EMPLOYMENT OF PERSONS UNDER EIGHTEEN (18) YEARS, EXCEPTIONS

  1. It is unlawful for any person under eighteen (18) years of age to be employed or permitted to work, in any capacity whatsoever, in a place where nonintoxicating beverages are sold or dispensed for consumption on the premises.
  2. It is unlawful for any minor to be employed or permitted to work, in any capacity whatsoever, in the separate or enclosed bar area of a place where the main purpose of the area is the sale or consumption of nonintoxicating beverages. The provisions of this subsection shall not apply to any area which has as its main purpose some objective other than the sale or serving of nonintoxicating beverages, in which sales or serving of the beverages are incidental to the main purpose; however, the incidental service of food in the bar area shall not exempt a holder of a license to sell nonintoxicating beverages for consumption on the premises from the provisions of this subsection.
  3. A parent as regards the employment of his/her own child or children is excepted from the provisions of this section, provided that such employment shall in no capacity whatsoever be related to the selling of dispensing of such beverages.
  4. The provisions of Subsection A of this section shall not apply to any business or establishment where sales of the beverages do not exceed twenty-five (25%) percent of the gross sales of the business or establishment.

State Law Reference: 37 O.S. Sects. 241, 243, 246.

SECTION 3-209 MISREPRESENTATION 0F AGE BY FALSE OR ALTERED DOCUMENTATION

No person shall represent his age either orally or in writing by presenting false or altered documentation of age for the purpose of inducing any person to sell him nonintoxicating beverages.

Cross reference: Misrepresenting age by false documents generally, Sec. 10-508, of this code, intoxicating beverages, Sec. 3-128 of this code.

SECTION 3-210 POSSESSION, DRINKING IN PUBLIC

  1. It is unlawful for any minor to be in possession of any nonintoxicating alcoholic beverage or beer while such person is upon any public street, road or highway, or in any public building or place.
  2. It is unlawful for any person to posses or have in his control an opened container of nonintoxicating beverage or drink any nonintoxicating beverage while such person is upon any public street, highway, alley, thoroughfare, right-of-way, sidewalk, public park or grounds, or upon, about or within any public building or public parking lot within the city. Possession of an opened container of nonintoxicating beverage is allowed only within any duly licensed establishment which is legally permitted to sell such nonintoxicating beverage for on-premises consumption.

SECTION 3-211 TRANSPORTING OF NONINTOXICATING BEVERAGES EXCEPT IN ORIGINAL UNOPENED COTAINER PROHIBITED; EXCEPTION

It is unlawful for any person to knowingly transport in any moving vehicle upon a public highway, street or alley any nonintoxicating beverage except in the original container which shall not have been opened and from which the original cap or seal shall not have been removed, unless the opened container be in the rear trunk or rear compartment, which shall include the spare tire compartment in a station wagon or panel truck, or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion.

SECTION 3-212 OBSTRUCTION OF WINDOWS

Taverns or cafes handling beer shall not obstruct the windows, doors or other openings from the street or sidewalk, with paint or any other objects, more than four (4) feet from the level of the sidewalk to the top of the window, door or other openings.

SECTION 3-213 PENALTY

Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be fined as provided in Section 1-108 of this code.

Animals

GENERAL PROVISIONS

SECTION 4-101 DEFINITIONS

The following words and phrases when used in this chapter shall have the meanings prescribed in this section except in those cases where the context clearly indicates a different meaning:

  1. “Animal” means any horse, mule, donkey, pony, cow, sheep, goat, hog, dog, cat, rabbit, chicken, goose, duck, turkey, or other animal or fowl;
  2. “At large” means not securely confined by a fence or other means on premises under the control of, or occupied by, the owner, and not under the control of the owner, a member of his immediate family over twelve (12) years of age or an agent of the owner, by leash or otherwise, whether on the owner’s premises or not;
  3. “Owner” means any person, firm or corporation owning, harboring or keeping an animal. The occupant of any premises on which a domesticated or tamed animal remains, or to which it customarily returns, for a period of ten (10) days or more, shall be deemed to be harboring or keeping the animal; and
  4. “Vicious dog” means a dog which has bitten, or attempted to bite, any person without undue provocation, or which attacks, or barks or growls at and acts as if it intends to attack or bite, or bites a person or persons, when not unduly provoked.

State Law Reference: Regulation of animals, 11 O.S. §22-115.

SECTION 4-102 ANIMALS NOT TO BE AT LARGE

No owner shall permit any animal, including any fowl, owned, harbored or kept by him or any cat, to be at large within the city. It is unlawful for any animal as provided in this section to be at large at any time within the city.

SECTION 4-103 TURNING ANIMALS AT LARGE UNLAWFUL

It is unlawful for any person to open any enclosure in which any animal is confined as required by ordinance so as to turn the animal at large, or in any manner to turn the animal at large.

SECTION 4-104 PASTURING IN PUBLIC AREAS ILLEGAL

It is unlawful for any person to stake, confine or pasture any animal on any public school ground or other public property, federal, state, city or other, on any railroad right-of-way, or on any property without the consent of the person owning or controlling such property.

SECTION 4-105 SWINE PROHIBITED

  1. It is unlawful to keep or maintain or permit to be kept or maintained, any swine within the city.
  2. The keeping or maintaining, or permitting to be kept or maintained, any swine within the city is hereby declared to be a public nuisance.

SECTION 4-106 ANIMALS WHICH DISTURB PROHIBITED

It is unlawful for any person to keep or harbor within the city any dog or other animal which, by barking, howling or otherwise, disturbs the peace and quiet of any person.

SECTION 4-107 BUILDINGS FOR ANIMALS, CONSTRUCTION AND CONDITIONS

  1. Every structure, building or place wherein any animal is within the city shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times and free from objectionable odors.
  2. Every such stable or building, if located within two hundred (200) feet of any tenement or apartment house, hotel, restaurant, boarding house, retail food store, building used for educational, religious, or hospital purposes or residence other than that occupied by the owner or occupant of the premises upon which such animal is kept, shall be provided with a water-tight and fly-tight receptacle for manure, of such size as to hold all accumulations of manure. The receptacle shall be emptied sufficiently often and in such manner as to prevent it from being or becoming a nuisance, and shall be kept covered at all times except when open during the deposit or removal of manure or refuse. No manure shall be allowed to accumulate on such premises except in the receptacle.
  3. No establishment wherein animals are kept shall be maintained closer than forty (40) feet to any apartment house, hotel, restaurant, boarding house, retail food store, building used for educational, religious or hospital purposes or residence other than that occupied by the owner or occupant of the premises upon which the animals are kept.

SECTION 4-108 DISPOSAL OF MANURE

Manure shall be disposed of in an approved manner which does not jeopardize the public health, or else shall be spread evenly upon the ground and turned under at once or as soon as the weather permits.

SECTION 4-109 HEALTH OFFICER TO INSPECT

The health officer or police chief, upon complaint of any person, shall inspect any structure or place where an animal is kept, and may do so on his own initiative. He may issue any such reasonable order as he may deem necessary to the owner of the animal to cause the animal to be kept as provided in this chapter or in a manner so as not to constitute a nuisance. He may make a complaint before the municipal judge against any person for violation of any provision of this chapter or of any such reasonable order, but this procedure shall not abridge the right of others to make such complaint.

SECTION 4-110 ZONING ORDINANCE TO PREVAIL

In case of conflict between this chapter and any present or future zoning ordinance, the provisions of the zoning ordinance shall prevail and supersede the provisions of this chapter.

SECTION 4-111 COWS AND HORSES PROHIBITED IN CERTAIN AREAS

  1. It is unlawful for any person to keep, stable or pen any cow or horse in the city within four hundred (400) feet from any place that serves food or drink or any place used as a private boarding house, hotel or lodging house.
  2. It is unlawful for any person to keep, stable or pen any cow or horse within one hundred (100) feet from any residence where humans reside or live within the city limits. However, if all adult residents or living within the one hundred-foot perimeter of the cow or horse agree in writing to such keeping, stabling or penning, then it is not unlawful to keep, stable or pen such animal so long as the sanitary laws, rules and regulations of the state and city are obeyed.

SECTION 4-112 FEED LOTS PROHIBITED

It is unlawful for any person to operate or carry on any feed lot where cattle, hogs, horses or other animals are kept for feeding or for any other purpose in the city. This section does not prohibit the keeping of no more than two (2) cows and their calves for family use nor prohibit the keeping of horses for family use.

SECTION 4-113 MORE THAN THREE DOGS OR CATS ON PREMISES PROHIBITED

  1. It is unlawful for any person to have, keep or maintain more than three (3) dogs over the age of six (6) months on premises owned or occupied by him.
  2. It is unlawful for any person to have, keep or maintain more than three (3) cats over the age of six (6) months on premises owned or occupied by him.
  3. This section applies whether the animal is kept confined on the premises or at large.
  4. Any violation of this section is punishable as provided in Section 1-108 of this code.

VACCINATION, TAGS AND TAX

SECTION 4-121 DOGS AND CATS TO BE VACCINATED

The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian or other authorized person every year, before the first day of July thereof, or, in the case of a pup or kitten, before it is six (6) months old. The person vaccinating the dog or cat shall furnish the owner a certificate of vaccination.

SECTION 4-122 DOG TAX, REGISTRATION, TAG

  1. An annual tax as set by motion of the resolution or motion of the city council for every dog over six (6) months of age is hereby levied upon the owner of any such dog kept or harbored within the city.
  2. The tax levied in this section shall not apply to a dog only temporarily brought and kept within the city, nor to a dog brought within the city to participate in a dog show, nor to a “seeing eye” dog when such dog is actually being used by a blind person to aid him in going from place to place, nor to dogs being kept in kennels or pet shops for sale.
  3. The owner shall pay the tax levied to the city clerk-treasurer for every calendar year at the following time:
    1. Before the first day of July of each year; or
    2. If the dog is acquired or bought in the city after the first day of May, or becomes six (6) months of age after the first day of July, within thirty (30) days after acquiring or bringing the dog into the city or its becoming six (6) months of age. The fee for part of the year shall be pro-rated based on the number of days left in the year, but in no instance shall the fee be less than one-half of the annual rate.
  4. Before the city clerk-treasurer accepts any money offered in payment of the tax for a dog or issues a license for it, the person offering the tax shall present to the city clerk-treasurer the certificate of a veterinarian or other person legally authorized to immunize dogs, showing that the dog has been immunized against rabies during the calendar year, that is, since the thirty-first of the last December.
  5. The owner of the dog shall, at the time of paying the tax, register the dog by giving the city clerk-treasurer the name and address of the owner, the name, breed, color and sex of the dog, and such other reasonable information as the city clerk-treasurer may request.
  6. The city clerk-treasurer thereupon shall deliver an original receipt to te taxpayer and also an appropriate tag to him for the dog. Such tag shall constitute a license for the dog.

Editor’s note: See Fee Schedule. Prior fees set at $1.00 per male dog or spayed female; and $2.00 per un-spayed female dog, $.50 per lost tag.

SECTION 4-123 TAG TO BE PLACED ON DOG COLLAR; LOST TAGS

  1. The owner shall cause the tag received from the city clerk-treasurer to be affixed to the collar of the dog upon which the tax has been paid so that the tag can easily be seen by officers of the city. The owner shall see that the tag is so worn by the dog at all times.
  2. In case the tag is lost before the end of the year for which it was issued, the owner may secure another for the dog by applying to the city clerk-treasurer, presenting to him the original receipt, and paying to him the required fee.

SECTION 4-124 TAGS; COUNTERFEITING, PLACING ON OTHER DOGS

No person shall counterfeit, or attempt to counterfeit, any tag issued for a dog as provided in this chapter, or take from any dog a tag legally placed upon it, or place such tag upon a dog for which the tag was not specifically issued.

ANIMAL SHELTER

SECTION 4-131 SHELTER ESTABLISHED

A city animal shelter is hereby established under the jurisdiction of the police department. It shall be under the immediate control of an animal control officer or of such other person as may be officially designated. The person in charge of the animal shelter shall provide proper sustenance for all animals impounded and shall treat them in a humane manner. The city may contract with another agency for the use of an animal shelter maintained by the agency.

SECTION 4-132 ANIMALS TO BE IMPOUNDED, DISPOSAL

  1. The animal control officer, a police officer, or such other office or employee of the city as the mayor may authorize:
    1. Shall take into custody and impound any animal running at large in violation of any provision of the ordinances of the city; and
    2. May enter upon the premises of the owner or other private premises to take such animal into custody.
  2. Any other person may take such animal into custody and present it to the authority in charge of the animal shelter for impounding.
  3. Animals taken into custody as provided in this chapter may be sold as provided in this chapter or destroyed in a humane manner by the officer or employee of the city in charge of such animal, or by the animal control officer. A list shall be maintained by the animal control officer or police officer of each animal impounded containing a description of the animal and date impounded. If the animal has a tag, the animal control officer or police officer shall notify either orally or in writing the owner as shown in the city’s tag records. An impounded animal may be destroyed after seventy-two (72) hours of taking the animal into custody, provided the animal is not redeemed or claimed as provided in this chapter.

State Law Reference: State-authorized means for disposal of animals applicable to cities over 10,000; authorized methods, sodium phenol barbital and approved carbon monoxide chamber, 4 O.S. Sections 501 to508.

SECTION 4-133 BREAKING INTO THE ANIMAL SHELTER

No unauthorized person shall:

    1. Break or attempt to break open the animal shelter, or take or let out any animal therefrom;
    2. Take or attempt to take from any officer or employee of the city any animal taken into custody as provided by this chapter; or
    3. In any manner interfere with or hinder an officer or employee in the discharge of his duties relating to the taking into custody and impounding of animals as provided in this chapter.

SECTION 4-134 FEES FOR IMPOUNDING

  1. The city council by motion or resolution shall determine the fees to be charged for impounding and keeping animals. The fees for impounding and keeping an animal, to be paid upon redemption, shall be as set by the council.
  2. Any person redeeming an impounded animal shall pay the required fees to the city clerk-treasurer and present this receipt therefor to the person in charge of the animal shelter before the latter releases the animal.
  3. Any person redeeming a dog or cat not licensed or vaccinated as required by Sections 4-121 through 4-124 of this code shall pay the required license tax to the city clerk-treasurer and secure a tag and present the receipt therefor and the tag to the person in charge of the animal shelter, or the vaccination certificate, before the latter releases the dog or cat. If a dog or cat has been licensed but is not wearing the tag, the person in charge of the animal shelter shall require adequate evidence of the proper licensing and vaccination of the dog or cat before releasing it.

SECTION 4-135 OWNER MAY REDEEM

An owner of an impounded animal or his agent may redeem the animal, prior to its sale or destruction as provided for herein, by paying the required fees against the animal and meeting any other requirements which may be prescribed in this chapter plus a fee of Ten Dollars ($10.00).

SECTION 4-136 SALE OF IMPOUNDED ANIMALS

  1. As soon as practicable after any animal of apparent value has been impounded, the animal control officer or other employee or officer impounding the animal, shall inform the chief of police. If the chief of police determines the animal should be sold, he shall thereupon post a notice thereof at the police office of the city. The notice shall describe the animal and notify the owner to pay the charges thereon and remove the same prior to a designated time. The notice shall also state that, unless the animal is redeemed, the animal will be sold.
  2. Sales herein provided for shall be for cash and shall be conducted by, or under the direction of the chief of police. If an impounded animal cannot be sold, he shall destroy the animal, or have it destroyed, in a humane manner, or otherwise dispose of it in a legal manner.
  3. The purchaser of an animal at a sale held as provided herein shall acquire absolute title to the animal purchased.
  4. The police department shall pay to the city clerk-treasurer all money received from the sale of impounded animals on the day it is received or on the next day upon which the office of the city clerk-treasurer is open for business.

SECTION 4-137 OWNER MAY CLAIM EXCESS MONEY

The owner of an impounded animal sold as provided herein may claim the excess of the sale price of the animal above the fees for impounding and keeping the same and a fee of Five Dollars ($5.00) to reimburse the city for an expense it has had in making the sale, at any time within three (3) months after the sale. If a claim is so made and approved by the council, te city clerk-treasurer shall pay him such excess. If a claim is not made, the excess shall belong to the city.

CRUELTY TO ANIMALS

SECTION 4-141 CRUELTY TO ANIMALS

It is unlawful for any person to wilfully and maliciously pour on, or apply to, an animal any drug or other thing which inflicts pain on the animal; or knowingly to treat an animal in a cruel or inhumane manner; or knowingly to neglect an animal belonging to him or in his custody in a cruel or inhumane manner.

SECTION 4-142 POISONING ANIMALS

It is unlawful for a person to wilfully poison any dog or other animal except a noxious, nondomesticated animal; or knowingly to expose poison so that the same may be taken by such an animal.

SECTION 4-143 ENCOURAGING ANIMALS TO FIGHT

It is unlawful for any person to instigate or encourage a fight between animals; or to encourage one animal to attack, pursue or annoy another animal except a noxious, nondomesticated animal; or to keep a home, pit or other lace used for fights between animals.

DANGEROUS OR EXOTIC ANIMALS

SECTION 4-151 REGISTRATION, MUZZLING, REGULATIONS GOVERNING DANGEROUS DOGS

  1. As used in this section:
    1. “Potentially dangerous dog” means any dog that when unprovoked inflicts bites on a human either on public or private property;
    2. “Dangerous dog” means any dog that:
      1. Has inflicted severe injury on a human being without provocation on public or private property; or
      2. Has been previously found to be potentially dangerous, the owner having received notice of such by the animal control authority in writing and the dog thereafter aggressively bites, attacks or endangers the safety of humans;
    3. “Severe injury” means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery;
    4. “Proper enclosure of a dangerous dog” means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure with at least one hundred fifty (150) square feet of space for each dog kept therein which is over six (6) months of age, and which is suitable to prevent the entry of children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog;
    5. “Animal control authority” means an entity acting alone or in concert with any other governmental units for enforcement of the animal control laws of the city;
    6. “Animal control officer” means any person employed, contracted with, or appointed by the animal control authority for the purpose of aiding the enforcement of this section or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal; and
    7. “Owner” means any person possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
  2. It is unlawful for an owner to have a dangerous dog in the city without certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work. The animal control authority of the city or county in which an owner has a dangerous dog shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control unit sufficient evidence of:
    1. 1. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and
    2. 2. A policy of liability insurance, such as homeowner’s insurance, or surety bond, issued by an insurer qualified under Title 36 of the Oklahoma Statute in the amount of not less than fifty Thousand Dollars ($50,000.00) insuring the owner for any personal injuries inflicted by the dangerous dog. If the owner has the dangerous dog in an incorporated area that is serviced by both a city and county animal control authority, the owner shall obtain a certificate of registration from the city authority. The city may charge an annual fee not to exceed Ten Dollars ($10.00), including any other applicable regular dog license fees, to register dangerous dogs. Fees shall be retained by the city.
  3. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person over sixteen (16) years of age. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any person or animal.
  4. Potentially dangerous or dangerous dogs may be regulated through animal control authorities provided the regulations are not breed specific.
  5. A dog shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime.
  6. Any dangerous dog shall immediately be confiscated by an animal control authority if:
    1. The dog is not validly registered under this section;
    2. The owner does not secure the liability insurance coverage or surety bond required in this section;
    3. The dog is not maintained in the proper enclosure required in this section; or
    4. The dog is outside the dwelling of the owner, or outside the proper enclosure, and not under physical restraint of the responsible person required in this section.
  7. Any violation of this section shall be punishable as provided in Section 1-108 of this code. Any such fine or imprisonment may be offset by payments made by the dog owner to any victim of an attack by the dog. Insurance payments are not considered an offset.
  8. It is the purpose of this section to provide additional and cumulative remedies to control the dangerous and potentially dangerous dogs in this city. Nothing in this section shall be construed to abridge or alter rights of action or remedies of victims under the common law, statutory law, criminal or civil law.

SECTION 4-152 KEEPING OF WILD OR EXOTIC ANIMALS

  1. It is unlawful to keep, harbor, own or in any way possess within the city limits:
    1. Any warm-blooded, carnivorous or omnivorous, wild or exotic animal excluding, fowl, ferrets and small rodents of varieties used for laboratory purposes and excluding exhibitions of animals maintained by a zoological park;
    2. Any animal having a poisonous bite;
    3. Any other type of wild animal which is not naturally tame or gentle, but is of the wild nature or disposition, or which is known to be vicious and which must be kept in confinement, may not be brought within the immediate presence of persons.
  2. Any violation of this section shall be punishable as provided in Section 1-108 of this code.

RABIES AND ANIMAL BITES

SECTION 4-161 ANIMAL BITES; RABIES EXAMINATION; QUARANTINE

  1. Every animal that bites or scratches a person shall be reported within four (4) hours to the animal control officer and shall thereupon be securely quarantined at a veterinarian hospital for a period of ten (10) days from the date the person was bitten, and shall not be released from such quarantine except by permission of the animal control officer of the city and the veterinarian in charge of the quarantined animal. Such quarantine may be at any veterinarian hospital chosen by the owner. Failure of the owner or keeper to quarantine his animal within the four-hour period herein will make him guilty of an offense.
  2. The owner, upon demand by any city officer or animal control officer, shall surrender any animal that has bitten or scratched a human, or which is suspected as having been exposed to rabies, for supervised quarantine testing or euthanasia, the expense for which shall be borne by the owner; and the animal may be reclaimed by the owner if adjudged free of rabies.
  3. In addition to powers granted by this section and Section 4-165, the animal control officer may impound in the animal shelter or a veterinary hospital at the owner’s expense any animal, whether on public or private property, which has bitten or scratched pursuant to this chapter.

SECTION 4-162 RABIES DIAGNOSES; QUARANTINE OF CITY; TIME LIMIT

  1. When an animal under quarantine has been diagnosed as being rabid, or suspected by a licensed veterinarian as being rabid, and dies while under such observation, the animal control officer or veterinarian shall immediately send the head of such animal to the state health department for pathological examination, and shall notify the proper public health officer of reports of human contacts and diagnosis made of the suspected animal.
  2. When a report shows a positive diagnosis of rabies, the animal control officer of the city may recommend a citywide quarantine for a period of six (6) months; and upon the invoking of such quarantine, no animal shall be taken into the streets or permitted to be in the streets during such period of quarantine. During such quarantine, no animal shall be taken or shipped from the city without written permission of the animal control officer of the city.
  3. During such period of rabies quarantine as herein designated, every animal bitten by an animal adjudged to be rabid shall be treated for such rabies infection by a licensed veterinarian, and be held under six (6) months quarantine by the owner in the same manner as other animals are quarantined.
  4. In the event there area additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended for an additional six (6) months.
  5. The regulations of the State Department of Health, and all amendments thereto, relating to quarantine and rabies are adopted herein by reference.

State Law Reference: State quarantine of animals, 63 O.S. Sec. 1-508.

SECTION 4-163 KILLING OR REMOVING RABID ANIMAL PROHIBITED

  1. No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting or scratching a human, except as herein provided, nor to remove the animal from the city limits without written permission from the health officer of the city, or the animal control officer.
  2. The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the animal control officer.
  3. The animal control officer shall direct the disposition of any animal found to be infected with rabies.
  4. No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made therefor by an employee empowered to enforce this chapter. Such refusal shall be deemed an offense.

SECTION 4-164 REPORTS OF BITE CASES; REPORT BY VETERINARIAN

  1. It is the duty of every physician, veterinarian or other practitioner to report to the animal control officer the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.
  2. It is the duty of every licensed veterinarian to report to the animal control officer his diagnosis of any animal observed by him to be a rabid suspect.

SECTION 4-165 INVESTIGATIONS FOR VIOLATION OF CHAPTER

  1. For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, the animal control or health officers are empowered to call upon the residents of any premises upon which a dog or cat or small animal s kept or harbored, and to demand the exhibition by the owner of such dog or cat or small animal.
  2. The animal control officer, in any manner authorized by law, may enter the premises where nay animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal, and to take possession of such animal when, in his opinion, it required humane treatment. The officer may demand, at the front door of any residence, exhibition by the owner of current animal licenses at any time.

PENALTIES

SECTION 4-171 PENALTY

Any person, firm or corporation who violates any ordinance or provision of this chapter, or who violates, or refuses or neglects to carry out any reasonable order made by the health officer pursuant to this chapter, shall, upon conviction thereof, be punished as provided in Section 1-108 of this code.

Building Regulations and Codes

BUILDING CODE AND REGULATIONS

SECTION 5-101 BUILDING CODE ADOPTED

The 2006 BOCA International Building Codes, in their entirety, as published by the Building Officials Code Administrators International, Inc, is hereby adopted as the building code of the city for the control of buildings and structures as therein provided. Each and all of the regulations, provisions, penalties, conditions and terms of the BOCA National Building Code are hereby referred to, adopted, incorporated and made a part hereof as if fully set out in this code with the additions, insertions, deletions and changes if any prescribed in this chapter. (Ordinance No. 577 , 4/5/06)

State Law Reference: Adoption of building codes, authorized codes, 11 O.S. Section 14-107; 75 O.S. Section 324.8.

Cross Reference: See also Part 12 of this code on Mobile Home regulations and parks.

SECTION 5-102 ADDITIONS AND CHANGES TO BUILDING CODE

The following sections of the city’s building code are hereby revised:

  1. Section 100.1, insert City of Idabel;
  2. Section 103.4, Rehabilitation: “Buildings existing prior to the effective date of this section, in which there is work involving repairs, alterations, additions or changes of use, shall be made to conform to the code by applying the requirements of Article 32 or the provisions of Article 2 through 31;
  3. Section 114.3.1, insert: “The fee schedule shall be in accordance with the provisions of the city code, or as may be set or amended by ordinance or resolutions”;
  4. Section 117.4, insert: “Offenses, punishable by fine and imprisonment, as provided in Section 1-108 of the city code or ordinances”;
  5. Section 118.2, insert: “fine as provided in Section 1-108 of the city code of ordinances”;
  6. Section 123.3, insert: “as may be appointed by the city council if needed”;
  7. Section 1209.4, insert: “for residential brick homes, minimum dimensions of 18" x 18" with a minimum of two (2) bars of 5/8" rebar; for two story brick homes: minimum dimension of 18" height and 24" width with a minimum of 4 bars of 5/8" rebar; concrete to be poured with a working slump of 4" to 6". See drawings attached to Ordinance No. 488, on file in the office of the city clerk-treasurer;
  8. Article 29: delete from code;
  9. Building board. “The mayor, city clerk-treasurer, and building official(s) are hereby constituted as a board to pass upon all applications of the erection or construction of any building in the city”;
  10. Appeals. “Any person having applied to the board for a permit to erect or construct a building in the city and having been refused a permit therefor, may appeal to the mayor and city council of the city. It is the duty of the mayor to forthwith schedule the appeal at a regular or special meeting of the city council. After hearing such appeal and the testimony offered to support thereof, the city council shall pass on the same as in other cases and as provided by law”.

SECTION 5-103 PENALTY

A person who violates a provision of this code or fails to comply therewith or with any of the requirements thereof, or who erects, constructs, alters, repairs or removes, or has erected, constructed, altered, repaired or removed a building or structure in violation of a detailed statement or plan submitted and approved thereunder or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor, and upon conviction shall be fined any sum as provided in Section 1-108 of this code, including costs. Each day upon which a violation continues shall be deemed a separate offense.

SECTION 5-104 BUILDING OFFICIAL

The building official of this city shall be the fire chief of the city. He shall have the powers and duties prescribed for the “building official” by the city’s building code; provided that his powers and duties may be exercised by his authorized representatives under his supervision and control. The term “building inspector,” whenever used in the ordinances of the city, means the building official. The terms “electrical inspector”, whenever used in the ordinances of the city, means the building official. The terms “Electrical inspector”, plumbing inspector” and “gas inspector”, wherever used in the ordinances of the city, also each refer to and mean the building official, unless a separate electrical inspector, plumbing inspector, and/or gas inspector is appointed by the city. The fire chief will perform the building and electrical inspections; the water superintendent will perform the plumbing inspections.

Ed. Note: Ordinance No. 488 provided that the salaries of the fire chief (as to building and electrical inspections) and water superintendent (as to plumbing inspections) shall be increased by $50.00 per month for conduct of each such inspection, following receipt of certification in the BOCA educational series.

SECTION 5-105 FIRE LIMITS DEFINED

The fire limits of the city shall be as follows: Lot 2 of Block 2, Lot 3 of Block 5, Lots 5, 6, 12, 13, 14, 15 and 16 of Block 7, all of Block 18 except Lots 1, 2, 3 and 4, all of Block 17 except Lots 1, 2, 3 and 6 and all of Block 22 except Lots 1 and 2 of the original town, not city.

SECTION 5-106 BUILDING REGULATIONS IN FIRE LIMITS

All outer walls on buildings in the fire limits are to be constructed of stone and mortar, brick and mortar, concrete or similar fire proof construction. Buildings may be constructed of steel or iron with the approval of the building official.

SECTION 5-107 BUILDING PERMIT REQUIRED, FEE

  1. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, or convert any building or structure or utility such as water, sewer, gas, electrical or cable, or cause to or begin to do the same, without securing from the city a permit therefor and as required in the building code. Ordinary minor repairs may be made with the approval of the building official without a permit provided that such repairs shall not violate any of the provisions of this code.
  2. Each application for a permit shall be submitted with the required fee and be filed with the building official on a form furnished for that purpose, and shall contain a general description of the proposed work and its location.
  3. The building official shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay.
  4. If the building official is satisfied that the work described in an application for permit and the drawings filed therewith conform to the requirements of this code and other laws and ordinances, he shall issue a permit therefor to the applicant.
  5. If the application for a permit and the drawings filed therewith describe work which does not conform to the requirements of this code or other laws or ordinances, the building official shall not issue a permit, but shall return the drawings to the applicant with his refusal to issue such permit. Such refusal shall, when requested, be in writing and shall contain the reason thereof.
  6. If, in the opinion of the building official, the valuation of building, alteration or structure appears to be underestimated on the application, permit shall be denied unless the applicant can show detailed estimated cost to meet the approval of the building official. Permit valuation bases shall include total cost, such as plumbing, electrical, mechanical equipment, and other systems.
  7. When the building official issues a permit, he shall endorse, in writing or stamp, both sets of plans “Approved”. One set of drawings so approved shall be retained by the building official and the other set shall be returned to the applicant. The approved drawings shall be kept at the site of work and shall be open to inspection by the building official or his authorized representative. This approval shall not hold the city or building official responsible in any way for any error, failure or malfunction of any part of the structure of foundation, or error in the plans or specifications.
  8. Whenever a permit is to be issued in reliance upon an affidavit the work to be covered by a permit involves construction under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed th4e affidavit or made the drawings or computations shall supervise the work, be responsible for its conformity with the approved drawings, and forthwith upon its completion make and file with the building official written affidavit that the work has been done in conformity with the approved plans and with the structural provisions of the code. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are approved by the building official.
  9. When application for permit to erect or enlarge a building has been filed and pending issuance of such permit, the building official may, at his discretion, issue a special permit for the foundations of such building. The holder of such special permit shall proceed at his own risk and without assurance that permit for the superstructure will be granted.
  10. A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of this code, nor shall such issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans or in construction, or of violations of this code.
  11. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six (6) months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. For cause, one or more extensions of time, for periods not to exceed ninety (90) days each, may be allowed, if granted in writing by the building official.
  12. A permit shall not be issued until the applicable fees have been paid. The schedule of fees shall be as established by the city council by motion or resolution. No amendment to a permit shall be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure shall have been paid.
  13. If any person commences any work on a building or structure before obtaining the necessary permit from the city, he shall be subject to the penalty prescribed herein. Where construction is commenced before a permit is obtained, the permit fees shall be doubled.
  14. The building official shall keep a permanent and accurate accounting of all permit fees and other monies collected, the name of all persons upon whose account the same was paid, the date and amount thereof.
  15. A building permit covers the initial plumbing and electrical installations to be made in connection with the building.

SECTION 5-108 INSPECTIONS

  1. Before issuing a permit, the building official may examine or cause to be examined any building for which an application has been received for permit. He shall inspect all buildings and structures from time to time during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of this code.
  2. When deemed necessary by the building official, he shall make an inspection of materials or assemblies at the point of manufacture or fabrication. He shall make a record of every such examination and inspection and of all violations of this code.
  3. The building official may make, or cause to be made, the inspections required by this section. He may accept reports of inspectors of recognized inspection services provided that after investigation he is satisfied as to their qualifications and reliability. A certificate called for by any provision of these requirements shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service.
  4. The building official shall inspect or cause to be inspected at various intervals all construction or work for which a permit is required, and a final inspection shall be made of every building or structure upon completion, prior to the issuance of the certificate of occupancy.
  5. The building official upon notification from the permit holder or his agent shall make the following inspections of buildings and such other inspections as may be necessary, and shall either approve that portion of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with the law:
    1. Foundation inspection: to be made after trenches are excavated and forms erected;
    2. Frame inspection: to be made after the roof, all framing, fireblocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete.
    3. Final inspection: to be made after the building is completed and ready for occupancy.
  6. Work shall not be done on any part of a building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the building official. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the foregoing three (3) inspections.
  7. Reinforcing steel or structural frame work of any part of any building or structure shall not be covered or concealed in any manner whatsoever without first obtaining the approval of the building official, the designing architect or engineer.
  8. In all buildings where plaster is used for fire protection purposes, the permit holder or his agent shall notify the building official after all lathing and backing is in place. Plaster shall not be applied until the approval of the building official has been received.
  9. Fees for inspection of all utilities installation will be negotiated prior to construction start.

SECTION 5-109 CERTIFICATE OF OCCUPANCY

  1. A new building shall not be occupied or a change be made in occupancy or the nature or the use of the building or part of a building until after the building official shall have issued a certificate of occupancy therefor. The certificate shall not be issued until all required fire protection systems have been tested and approved.
  2. Upon completion of a building hereafter erected in accordance with approved plans, and after the final inspection herein referred to, and upon application therefor, the building official shall issue a certificate of occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, the allowable load per square foot for each floor in accordance with the provisions of this code.
  3. A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion of the building.
  4. A certificate of occupancy for any existing building may be obtained by applying to the building official and supplying the information and date necessary to determine compliance with this code for the occupancy intended. When necessary, in the opinion of the building official, two (2) sets of detailed drawings, or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of this code for such occupancy, a certificate of occupancy shall be issued.

PLUMBING REGULATIONS

SECTION 5-201 PLUMBING CODE ADOPTED

A certain document, at least one copy of which is on fie in the office of the city clerk-treasurer, being marked and designated as “The Building Officials Code Administrators (BOCA) International Codes 2006 edition, including all Appendix Chapters, as published by the International Code Council, and any revisions or amendments thereto, as published by The Building Officials and Code Administrators International, Inc., is hereby adopted as the plumbing code of the city for the control of buildings and structures as therein provided. Each and all of the regulations, provisions, penalties, conditions and terms of the BOCA Basic Plumbing Code are hereby referred to, adopted and made a part hereof, as if fully set out in this code, with additions, insertions and changes, if any, prescribed in this chapter. (Ordinance No. 577)

State Law Reference: Plumbing regulations and licensing, 59 O.S. Sections 1001 et seq.

SECTION 5-202 ADDITIONS, INSERTIONS AND CHANGES TO PLUMBING CODE

The following sections are hereby revised as follows:

  1. Section P-100.1. Insert the City of Idabel;
  2. Section P-104.1. Insert September 1, 1987;
  3. Section P-114.2. Insert “as provided in the applicable fee schedule adopted by the city council by motion or resolution”;
  4. Section P-117.4. Inset “offense and punished as provided in Section 1-108 of the city’s code of ordinances”;
  5. Building Regulations and Codes
  6. Section P-118.2. Insert “fine as provided in Section 1-108 of ordinances”;
  7. Section P-303.2. Insert “a distance of three hundred (300) feet”;
  8. Section P-308.3. Insert “a minimum depth of eighteen (18) inches below the grade”; and
  9. Section P-308.4. Insert “a minimum depth of eighteen (18) inches below grade. Exceptions may be approved by the plumbing official”.
  10. Section 1001, Chapter 10, Insert “Traps, Interceptors and Separators”.
    (Ordinance No. 576, amended, 5/2/06)

SECTION 5-203 PLUMBERS; REGISTRATION; FEES

  1. No person shall practice or engage in the business, trade or occupation of a plumbing contractor, a journeyman plumber, or a plumber’s apprentice unless he is registered as such with the plumbing inspector of the city as required in the city’s plumbing code. The registration fees to be paid to the city clerk-treasurer in such sums as are set by the council by motion or resolution. Payment of the fee shall accompany the application. All registration certificates shall expire on the 30th day of June of each year. However, all plumbers presently holding paid-up licenses from the city shall be given credit pro rata for the unexpired portion thereof in the event they do register under the code within thirty (30) days from the effective date thereof. Otherwise, all original applicants for registration shall pay a full year’s fee as herein-above designated , save and except that those original applicants who are registered after January 1, upon the first renewal of the registration, be entitled to credit for the renewal year in an amount as will give them credit pro rata on the unused portion of their first year’s registration.
  2. Bond and insurance requirements of plumbing contractors shall meet the requirements established by state law prior to the issuance of a license or registration.

State Law Reference: State plumbing licenses required, cities may require registration, 59 O.S. §1001 et seq.

SECTION 5-204 RENEWALS, PENALTIES

Expired registration certificates may be renewed at any time upon payment of the fee required by the city, the filing of bond as applicable for plumbing contractors, and upon the payment of applicable penalties for registration after the expiration date thereof.

SECTION 5-205 ISSUANCE OF A PERMIT, INSPECTIONS

  1. No plumbing work, unless excepted in this code, shall be undertaken prior to the issuance of a permit therefor by the plumbing inspector. A permit shall be issued to a registered plumbing contractor only, except as provided in this chapter.
  2. Upon the completion of the installation of any plumbing device, or equipment, it shall be the duty of the person, firm or corporation installing same to notify the plumbing inspector and the inspector shall inspect the installation within twenty-four (24) hours after notice is given.
  3. If upon inspection it is found that any part of the installation does not comply with the provisions of this chapter, the inspector shall give notice in writing of the violation to the person, firm or corporation to whom the permit is issued.

SECTION 5-206 EXCEPTION

Any permit required by this chapter may be issued to any person to do any work required by this chapter in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, provided the person is the bona fide owner of such dwelling and that the same will be occupied by the owner, and that the owner shall personally purchase all material and perform all labor in connection therewith. The plumbing inspector must inspect the work to see that it complies with this chapter and the owner shall pay the regular schedule fees for permits.

SECTION 5-207 APPLICATION FOR PERMIT

Application for a permit for plumbing work shall be made on suitable forms provided by the plumbing inspector. The application shall be accompanied by fees in accordance with the schedule set by the city.

SECTION 5-208 PENALTY

A violation of this chapter shall be deemed a misdemeanor and shall be punishable as provided in Section 1-108 of this code. Any person who violates or refuses to comply with any of the provisions of this chapter shall be punishable as provided in Section 1-108 of this code.

ELECTRICAL CODE

SECTION 5-301 NATIONAL ELECTRICAL CODE ADOPTED

The regulations laid down in the National Electrical Code, as approved by the American Standards Association, for the installation of electrical wiring, devices and equipment are hereby adopted as the minimum standard for the installation of al electrical wiring, devices and equipment in the city, except as otherwise specifically provided in this chapter. The National Electrical Code, the 1990 version thereof, is hereby made a part of this code as fully and to the same extent as if copied here in full, provided that the present or current issue of the National Electrical Code and any subsequent amendments thereto shall be considered as the National Electrical Code as that term is used herein. In the event of any conflict between the provisions of this chapter and the National Electrical Code, then in such event the provisions of this chapter shall govern.

State Law Reference: State electrical licensing and regulations, 59 O.S. §1680 to1696.

SECTION 5-302 PERMIT REQUIRED

  1. Before any electrical wiring, device or equipment, subject to the provisions of this chapter, is altered or repaired, a permit therefor must be obtained from the electrical inspector. The permit shall state the location of the work to be done, a description of the work and whether it will consist of a new installation, or addition or repair or alteration of an old installation, and the name of the owner or occupant of the building or premises. Unless the permit is for work described in this code, the permit shall be issued only in the name of a licensed electrical contractor upon the presentation of an application by the contractor in person. An agent or employee of the contractor shall not be allowed to act on behalf of the contractor.
  2. The permit, when issued, shall be for such installation as described in the application and no deviation shall be made from the installation so described without the written approval of the electrical inspector.
  3. Upon the completion of the installation of any electrical wiring, devices or equipment, it shall be the duty of the person, firm or corporation installing same to notify the electrical inspector and the inspector shall inspect the installation within forty-eight (48) hours after notice is given.
  4. If upon inspection, it is found that any part of the installation does not comply with the provisions of this chapter, the inspector shall give notice in writing, of the violation to the person to whom the permit was issued.

SECTION 5-303 PERMITS AND INSPECTIONS

  1. All persons, before beginning any electrical work or additions to be made to wiring, shall make written application for permit to the city.
  2. Before any permit is granted for the installation, alteration or repair of any electrical wiring, devices or equipment, the person, firm or corporation making application for such permit shall pay to the city a fee in the amount set by the city council by motion or resolution. All fees provided for in this chapter shall be paid to the city clerk-treasurer.
  3. For good and sufficient cause, the electrical inspector may deem it necessary to have electricity on any installation before a final certificate can be issued, in which case, a temporary permit may be issued upon application by the applicant and approval by the city. All parts to which current is applied shall be in a safe satisfactory condition. The permit shall expire after thirty (30) days, with extensions approvable in writing by the inspector for thirty-day periods.
  4. It is unlawful for any electric utility or company to make any electrical connection to any building until a certificate stating that the electric wiring has been issued by the city. Any person, whether operating under franchise granted by the city or not, shall disconnect from any circuit designated upon written notice from the city electrical inspector and shall not reconnect to the installation except from written notice from the inspector.
  5. No wiring may be concealed until it has been inspected and approved by the city. All electrical installations are subject to inspection by the city.

SECTION 5-304 ELECTRICIANS; REGISTRATION; FEES

  1. No person shall practice or engage in the business, trade or occupation of an electrical contractor, journeyman electrician or electrician’s apprentice unless he holds a current obtained from the state, and is registered as such with the electrical inspector of the city as required in the State Electrical License Act. The registration fees to be paid to the city clerk-treasurer shall be as set by the city council by motion or resolution. Payment of the fee shall accompany the application. All registration certificates shall expire on the 30th day of June of each year. However, all electricians presently holding paid-up registration certificates from the city shall be given credit pro rata for the unexpired portion thereof in the event they do register under the code within thirty (30) days from the effective date thereof. Otherwise, all original applicants for registration shall pay a full year’s fee as herein above designated, save and except those original applicants who are registered after January 1, upon the first renewal of the registration, be entitled to credit for the renewal year in an amount as will give them credit pro rata on the unused portion of their first year’s registration.
  2. Bond and insurance requirements of electrical contractors shall meet the requirements established by state law prior to the issuance of a license or registration.

State Law Reference: State electrical licenses required, 59 O.S. Section 1680 to 1696.

SECTION 5-305 TRANSFER OF REGISTRATION PROHIBITED

No registration issued in accordance with the provisions of this chapter shall be transferable. Any holder of a license who shall permit or allow same to be used by any other party to obtain a permit to do electrical work as specified in this chapter shall be subject to having such license revoked by the city council. All registrations expire on June 30 of each year and are subject to renewal on or before June 30 by paying the renewal registration fees as required by this chapter.

SECTION 5-306 EXCEPTION

  1. For the installation of bell, telephone or signal systems not using over twelve (12) volts, no license is required, but the installation of same must comply with all other requirements of the city codes.
  2. Any permit required by this chapter may be issued to any person to do any work required by this chapter in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings provided the person is the bona fide owner of such dwelling and that the same will be occupied by the owner, and that the owner shall personally purchase all material and perform all labor in connection therewith. The electrical inspector must inspect the work to see that it complies with this chapter and the owner shall pay the regular schedule fees for permits.

SECTION 5-307 PENALTY

A violation of this chapter shall be deemed a misdemeanor and shall be punishable by fine. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this chapter shall be punishable as provided in Section 1-108 of this code.

GAS PIPING CODE

SECTION 5-401 CODE ADOPTED

The BOCA National Mechanical Code, latest version thereof, chapter 8, on gas pipe sizing charts by reference, and the BOCA National Plumbing Code, 1990 version thereof, Appendix F, gas pipe sizing charts by reference, which are the same as BOCA National Mechanical Code, 1990 version, and the National Fuel Gas Code, issued by the National Fire Protection Association, as to gas installations, are hereby referred to, adopted, incorporated and made a part hereof as if fully set out in this code, with reference to chapters and appendix above, insertions, deletions and changes if any prescribed in this chapter. State licensed plumbing and mechanical contractors and persons authorized to install gas piping under state licensing laws, are authorized to do so under this code.

SECTION 5-402 GAS FITTER’S REGISTRATION REQUIRED; INSPECTION AND PERMITS

  1. No person shall practice or engage in the business, trace or occupation of a gas fitter unless he holds a current Oklahoma plumbing contractor’s license or a current Oklahoma mechanical contractor’s license and obtains from the city clerk-treasurer a gas fitter’s registration certificate. The fee for such registration or renewal is the same provided for the plumbing contractor or mechanical contractor pursuant to this code.
  2. Before any gas piping is installed, constructed, reconstructed or repaired within the city, a permit to do so from the city shall first be obtained form the city plumbing official. The city plumbing official may require the applicant to file plans and specifications of the work to be done pursuant to such permit.
  3. All work for which a permit is issued shall be inspected or tested by the city. No such work shall be covered or concealed in any manner without first obtaining the approval of the city plumbing official. The city plumbing official shall issue a certificate of inspection to denote completed, successful inspections.
  4. Before a permit shall be issued by the plumbing or mechanical inspector for new installation of gas piping, repair or replacement of existing piping, or the installation of gas fired equipment, fees as set by the city shall be paid to the city clerk-treasurer. The fees shall be as set by the city.
  5. It is unlawful for any person to use any gas through or by any means of any gas piping for which a permit has not bee issued or for which a certificate of inspection has not been issued by the city.

SECTION 5-403 BOND AND INSURANCE

Bond and insurance requirements of contractors shall meet the requirements established by
state law for plumbing or mechanical contractors prior to the issuance of a license or registration.

SECTION 5-404 GAS SHUT OFF ON DANGEROUS PIPING AND APPLIANCES

The city plumbing inspector shall instruct the gas company to discontinue gas service to any residence or business house in the city when in his judgment the gas installation is dangerous. Gas service will remain shut off until such time as corrections are made by the property owner or the installing agency responsible and the installation approved by the plumbing inspector.

SECTION 5-405 PENALTY

Any person who shall do any act prohibited by this chapter or fail or refuse to comply therewith or fail or refuse to obey a lawful order of the inspector shall be punished by a fine as provided in Section 1-108 of this code.

LIQUIFIED PETROLEUM GAS

SECTION 5-501 PERSONS MUST COMPLY WITH CODE

It is unlawful for any person, firm or corporation to manufacture, fabricate, assemble, install, or repair any system, container, apparatus, or appliance to be used for the transportation, storage dispensing, or utilization of liquified petroleum gas, or to transport, handle, or store such gas, unless such person has complied with and complies with all provisions of the law and ordinances relating thereto, and has any license or permit which may be required by stat law. The BOCA National Mechanical Code, 1990 version thereof, Chapter 8, issued by the Building Officials and Code Administrators International, Inc., based on the National Fire Protection Association Pamphlet No. 58 entitled Storage and Handling of Liquified Petroleum Gases, also adopted by the Oklahoma Liquified Petroleum Gas Board, is adopted and incorporated herein by reference and shall have full force and effect within this city. Any violation of these rules and regulations shall be deemed a violation of the ordinances of the city and shall be punished accordingly.

State Law Reference: See 52 O.S.§§420.1 et seq. for provisions in state law.

Cross reference: See also §§13-101 et seq. on the city’s fire code.

SECTION 5-502 STORAGE, DISTRIBUTION, SALE, TRANSPORTATION PROHIBITED, EXCEPTIONS

  1. It is unlawful for any person to store, whether for sale or otherwise, any liquefied petroleum gas for distribution in the city. Persons storing, distributing, transporting or selling liquefied petroleum gas or flammable liquids as of May 4, 1982, may continue such activity or relocate to new locations within the city, subject to receiving proper zoning or variance approvals, without being required to conform to greater or stricter standards than was required prior to May 4, 1982.
  2. It is unlawful for any person to use any truck, trailer, or other means of distribution of butane or other liquified petroleum gas of more than one thousand eight hundred (1,800) butane gallons capacity within the city.
  3. It is unlawful for any person to use any part of the city for storage of any butane or other liquefied petroleum gas. Any storage or loading points shall be outside the city limits.
  4. It is unlawful for any person to drive any truck trailer or other container of the streets if such vehicle contains liquefied petroleum gas at a speed greater than fifteen (15) miles per hour.

SECTION 5-503 PERMIT; INSPECTION; FEES

  1. Before any person, firm or corporation shall install any equipment in the city for the storage, dispensation, or handling of liquefied petroleum gases, which is not otherwise prohibited by this code or other applicable ordinance, such person, firm, or corporation shall first obtain a permit therefor from the plumbing inspector of the city. In granting or refusing such permit, the plumbing inspector shall take into consideration the proposed location of such equipment, and the probable hazards involved by reason of the proposed location thereof, and must have the approval of the State Liquefied Petroleum Gas Administrator in conformity with the state laws regulating such approval by the State Liquefied Petroleum Gas Administrator.
  2. All liquefied petroleum installations within the city, upon completion, shall be inspected by the plumbing inspector, and shall not be used by the occupants until approved by the inspector as complying with this chapter and the rules and regulations adopted thereby.
  3. The fee for such permit and inspection shall be as set by the city.

SECTION 5-504 PENALTY

Any person, firm, or corporation who shall violate this chapter or any section or part of section thereof, is guilty of an offense, and upon conviction thereof shall be punished by a fine as provided in Section 1-108 of this code.

Court

MUNICIPAL COURT

SECTION 6-101 ORGANIZATION OF MUNICIPAL COURT

This chapter shall govern the organization and operation of the municipal criminal court of the City of Idabel, as put into operation by resolution duly passed on the 4th day of January 1977, and filed in accordance with the law as authorized by Sections 27-101 and 27-102 of Title 11 of the Oklahoma Statutes. To the extent of conflict between any provisions of this chapter and the provisions of any ordinance of this city the provisions of this chapter shall control. The court shall be operative on and after the 10th day of January, 1977.

State Law Reference: Municipal courts not of record, organization, rules and procedures, 11 O.S. §27-101 to 27-131.

SECTION 6-102 DEFINITIONS

As used in this chapter, unless the context requires a different meaning, the following words shall have the meanings ascribed to them in this section:

  1. “Chief of police” means the peace officer in charge of the police force of the city;
  2. “Clerk” means the clerk-treasurer of this city, including any deputy or member of the office staff of the clerk-treasurer while performing duties of the clerk’s office;
  3. “Court” means the municipal criminal court6 of the City of Idabel;
  4. “Governing body” means the city council of the City of Idabel;
  5. “Judge” jeans the judge of the municipal criminal court, including any acting judge or alternate judge thereof as provided for by the statutes of this state and this chapter; and
  6. “This judicial district” means the district court judicial district of the State of Oklahoma wherein the government of this city is situated.

SECTION 6-103 JURISDICTION OF COURT

The court shall exercise original jurisdiction to hear and determine all prosecutions wherein a violation of any ordinance of this city is charged, including any such prosecutions transferred to the court in accordance with applicable law.

SECTION 6-104 JUDGE; QUALIFICATIONS

  1. There shall be one judge of the court. A judge must be duly licensed to practice law in the state. He may engage in the practice of law in other courts, but he shall not accept employment inconsistent with his duties as judge, or arising out of facts which give rise to or are connected with cases within the jurisdiction of the court, pending therein or which might become the subject of proceedings therein.
  2. The judge shall be:
    1. An attorney licensed to practice law in Oklahoma who resides in McCurtain County;
    2. An attorney licensed to practice law in Oklahoma who maintains a permanent office in the city; or
    3. Any suitable person residing in the city or within twenty (20) miles of the boundaries of the city.

The mayor may be designated as judge of the municipal court upon approval of the city council.

SECTION 6-105 TERM OF JUDGE

The official term of the judge shall be two (2) years expiring on the 15th of January in each odd-numbered year. Each judge, unless sooner removed for proper cause, shall serve until his successor is appointed and qualified.

SECTION 6-106 ALTERNATE JUDGE

There shall be appointed for each judge of the court an alternate judge possessed of the same qualifications as the judge. His appointment shall be for the same term and made in the same manner as the judge. He shall sit as acting judge of the court in any case if the judge is:

  1. Absent from the court;
  2. Unable to act as judge; or
  3. Disqualified from acting as judge in the case.

(Prior Code, Sec. 12-6)

SECTION 6-107 ACTING JUDGE

If at any time there is no judge or alternate judge, duly appointed and qualified, available to sit as judge, the mayor shall appoint some person, possessing the qualifications required by this chapter for the judge, who shall preside as acting judge over the court in the disposition of pending matters until such times as a judge or alternate judge shall be available. (Prior Code, Sec. 12-7)

SECTION 6-108 APPOINTMENT OF JUDGE AND ALTERNATE JUDGE

Judges and alternate judges shall be appointed by the mayor with the consent of the governing body. A proposed appointment shall be submitted in writing to the governing body a the next to the last regularly scheduled meeting prior to the day upon which the appointment is to take effect, and shall be acted upon at the next regularly scheduled meeting. The governing body may decide upon the proposed appointment by a majority vote of a quorum present and acting. Failure of decision upon a proposed appointment shall not preventaction thereon at a later regularly scheduled meeting of the governing body unless the mayor, in writing, withdraws the proposed appointment. (Prior Code, Sec. 12-8)

SECTION 6-109 SALARY AND PAYMENTS TO JUDGES

  1. A judge, other than an alternate judge or an acting judge, shall receive a salary as set by the governing body by motion or resolution, paid in the same manner as the salaries of other officials of this city.
  2. An alternate judge or an acting jduge shall be paid Twenty-five Dollars ($25.00) per day for each day devoted to the performance of his duties, except that the total payments so calculated during any month shall not exceed the salary of the judge in whose stead he sits. An alternate or acting judge who sits for an entire monhth shall receive the amount specified in this chapter as the salary of the judge whose stead he sits. (Prior Code, Sec. 12-9)

SECTION 6-110 REMOVAL OF JUDGE

Judges shall be subject to removal from office by the governing body for the cause prescribed by the constitution and laws of this state for the removal of public officers. Proceedings for removal shall be instituted by the filing of a verified written petition setting forth facts sufficient to constitute one or more legal grounds for removal. Petitions may be signed and filed by:

    1. The mayor; or
    2. Twenty-five (25) or more qualified electors of this city. Verification of the number or qualifications of electors shall be executed by one or more of the petitioners.

The governing body shall set a date for hearing the matter and shall cause notice thereof, together with a copy of the petition, to be served personally upon the judge at least ten (10) days before the hearing. At the hearing, the judge shall be entitled to:

    1. Representation by counsel;
    2. To present testimony and to cross-examine the witnesses against him; and
    3. Have all evidence against him presented in open hearing.

So far as they can be applicable, the provisions of the Oklahoma Administrative Procedures Act governing the individual proceedings (Sections 309 to 317 of Title 75 of the Oklahoma Statutes as amended) shall govern removal proceedings hereunder. Judgment of removal shall be entered only upon individual votes, by a majority of all members of the governing body, in favor of such removal. (Prior Code, Sec. 12-10)

SECTION 6-111 VACANCY IN OFFICE OF JUDGE

A vacancy in the office of judge shall occur if the incumbent:

    1. Dies;
    2. Resigns;
    3. Ceases to possess the qualifications for the office; or
    4. Is removed, and the removal proceedings have been affirmed finally in judicial proceedings or are no longer subject to judicial review.

Upon the occurrence of a vacancy in the office of judge, the mayor shall appoint a successor to complete the unexpired term in the same manner as an original appointment is made. (Prior Code, Sec. 12-11)

SECTION 6-112 DISQUALIFICATION OF JUDGE

In prosecutions before the court no change of venue shall be allowed; but the judge before whom the case is pending may certify his disqualification or he may be disqualified from sitting under the terms, conditions and procedure provided by law for courts of record. If a judge is disqualified, the matter shall be heard by an alternate or acting judge appointed as provided in this chapter. (Prior Code, Sec 12-12)

SECTION 6-113 COURT MARSHALL

All writs or process of the court shall be directed, in his official title, to the chief of police of this city, who shall be the principal officer of the court and marshal of the court. (Prior Code, Sec. 12-13)

SECTION 6-114 CLERK OF THE COURT; DUTIES

The clerk-treasurer, or deputy designated by him, shall be the clerk of the court. He shall assist the judge in recording the proceedings of the court and in preparing writs, processes and other papers. He shall administer oaths required in proceedings in the dockets of the court. He shall perform such other clerical duties relating to the proceedings of the court as the judge shall direct. He shall receive and receipt for forfeitures, fines, deposits, and sums of money payable to the court. He shall pay to the treasurer of this city all money so received by him, except such special deposits or fees as shall be received to be disbursed by him for special purposes. All money paid to the treasurer shall be placed in the general fund of the city, or in such other funds as the governing body may direct, and it shall be used in the operation of the municipal government in accordance with budgetary arrangements governing the fund in which it is placed. (Prior Code, Sec. 12-14)

SECTION 6-115 PROSECUTING ATTORNEY; DUTIES; CONFLICT OF INTEREST

The attorney for this city, or his duly designated assistant, shall be the prosecuting officer of the court. He shall also prosecute all alleged violations of the ordinances of the city. He shall be authorized, in his discretion, to prosecute and resist appeal, proceedings in error and review from this court to any other court of the state, and to represent this city in all proceedings arising out of matters in this court. (Prior Code, Sec. 12-15)

SECTION 6-116 BOND OF COURT CLERK

The court clerk of the court shall give bond, in the form provided by Section 27-111 of Title 11 of the Oklahoma Statutes, in a sum to be determined by the governing body. When executed, the bond shall be submitted to the governing body for approval. When approved, it shall be filed with the clerk-treasurer of this city and retained in the municipal archives. (Prior Code, Sec. 12-16)

SECTION 6-117 RULES OF COURT

The judge may prescribe rules, consistent with the laws of the state and with the ordinances of this city for the proper conduct of the business of the court. (Prior Code, Sec.12-17)

SECTION 6-118 ENFORCEMENT OF RULES

Obedience to the orders, rules and judgments made by the judge or by the court may be enforced by the judge, who may fine or imprison for contempt committed as to him while holding court, or committed against process issued by him, in the same manner and to the same extent as the district courts of this state. (Prior Code, Sec. 12-18)

SECTION 6-119 WRITTEN COMPLAINTS TO PROSECUTE ORDINANCE VIOLATIONS

All prosecutions for violations of ordinances of this city shall be styled “The City of Idabel vs. (naming defendant or defendants). Except as provided hereinafter, prosecution shall be initiated by the filing of a written complaint, subscribed and verified by the person making the complaint, and setting forth concisely the offense charged and approved for filing by the city attorney. (Prior Code, Sec. 12-19)

SECTION 6-120 TRAFFIC ORDINANCE VIOLATIONS: PROCEDURES FOR ISSUING CITATION: CUSTODY, ARREST

  1. If a police officer observes facts which he believes constitute a violation of the traffic ordinances of this city, committed by a resident thereof, in lieu of arresting such a person, he may take his name, address, operator’s license number, and registered license number of the motor vehicle involved and any other pertinent information and may issue him in writing in form prescribed by the mayor or his duly designated delegate, a traffic citation embracing the above information, and also stating the traffic violation alleged to have occurred, and notifying him to answer to the charge against him at a time, not later than the number of days thereafter specified in the citation. The officer, upon receiving the written promise of the alleged violator, endorsed on the citation to answer as specified, may then release the person from custody. If the person wo whom a citation is issued fails to answer as prescribed in the citation, a complaint shall be filed and the case shall be prosecuted as otherwise provided in this chapter.
  2. If the allege traffic violation is committed by a nonresident or resident of this city, the police officer may:
    1. Release the person after obtaining sufficient information as set out in subsection A of this section and Section 6-125 of this code, pending his appearance on a day certain in court, as specified in the citation;
    2. Take the person in custody and demand that bond for the offense charged be posted according to the provisions of this chapter; or
    3. Take the person into custody under arrest. The arrested person either shall be taken immediately before the judge for further proceedings according to law or shall have bail fixed for his release in accordance with the provisions of this chapter. Upon providing bail as fixed, and upon giving his written promise to appear upon a day certain, as provided in subsection A of this section, the person shall be released from custody.
  3. If the alleged offense be a violation of an ordinance restricting or regulating the parking of vehicles, including any regulations issued under such an ordinance, and the operator be not present, the police officer shall place on the vehicle, at a place reasonably likely to come to the notice of the operator, a citation conforming substantially to that prescribed in subsections A or B of this section, with such variation as the circumstances require. The operator of this vehicle shall be under the same obligation to respond to the citation as if it had been issued to him personally under subsections A or B of this section. (Prior Code, Sec, 12-20, as amended)

SECTION 6-121 CREATION OF TRAFFIC VIOLATIONS BUREAU

  1. A traffic violations bureau hereby is established as a division of the office of the clerk of the court, to be administered by the clerk, or by subordinates designated by him for that purpose. Persons who are cited for violation of one of the traffic regulatory ordinances of this city, other than:
    1. A second traffic offense within a twelve (12) month period;
    2. A driver’s license offense;
    3. An offense punishable by a fine of more than One Hundred Dollars ($100.00), may elect to pay a fine in the traffic violations bureau according to the schedule of fines not to exceed One Hundred Dollars ($100.00) per offense set by the judge and concurred in by the city attorney. The current schedule shall be posted in the office of the clerk.
  2. The court may adopt rules to carry into effect this section. Payment of a fine under this section shall constitute a final determination of cause against the defendant. If a defendant who has elected to pay a fine under this section fails to do so, prosecution shall proceed under the provisions of this chapter. (Prior Code, Sec. 12-21, 12-32,; Ord. No. 500, 12/6/90)

SECTION 6-122 SUMMONS FOR ARREST

  1. Upon the filing of a complaint charging violation of any ordinance, the judge, unless he determines to issue a warrant of arrest, or unless the defendant previously has been issued a citation or has been arrested and has given bond for appearance, he shall issue a summons, naming the person charged, specifying his address or place of residence, if known, stating the offense with which he is charged and giving him notice to answer the charge in the court on a certain day, not more than fourteen (14) days after the summons is served upon him, and including such other pertinent information as may be necessary.
  2. The summons shall be served by delivering a copy to the defendant personally. If he fails to appear and to answer the summons withing the prescribed period, a warrant shall be issued for his arrest, as provided by this chapter. (Prior Code, Sec. 12-22)

SECTION 6-123 FORM OF ARREST WARRANT

  1. A. Except as otherwise provided in the ordinances of this city, upon the filing of a complaint approved by the endorsement of the attorney of this city or by the judge, there shall be issued a warrant of arrest, in substantially the following form:

    The City of Idabel to the Police Chief of the Municipal Court of Idabel, Oklahoma.
    Complaint upon oath having this day been made by (naming complainant) that the offense of (naming the offense in particular but general terms) has been committed and accusing (name of defendant) thereof, you are commanded therefor forthwith to arrest the above named defendant and bring __________________ before me, at the municipal courtroom,
    Witness my hand this ______ day of _______________, 20____.

    _____________________________
    Judge of the Municipal Court of
    Idabel, Oklahoma.
  2. It shall be the duty of the police chief, personally, or through a duly constituted member of the police force of this city, or through any other person lawfully authorized so to act, to execute a warrant as promptly as possible. (Prior Code, Sec.12-23)

SECTION 6-124 PROCEDURES FOR BAIL OR BOND

Upon arrest, or upon appearance without arrest in response to citation or summons, or at any time before trial, before or after arraignment, the defendant shall be eligible to be released upon giving bail for his appearance in an amount and upon conditions fixed by this chapter or the judge, who shall prescribe appropriate rules of court for the receipt of bail. In case of arrests made at night or under other conditions or emergency or when the judge is not available, the rules shall authorize the chief of police, or his designated representative, to accept a temporary cash bond of not less then Ten Dollars ($10.00) nor more than the maximum monetary penalty provided by ordinance for the offense charged, or release the defendant upon his own recognizance, at the discretion of the aresting officer. (Prior Code, Sec. 12-24)

SECTION 6-125 TRAFFIC BAIL BOND PROCEDURE

  1. In addition to other provisions of law for posting bail, any person, whether a resident of this state or a nonresident, who is arrested by a law enforcement officer solely for a misdemeanor violation of a state traffic law or municipal traffic ordinance shall be released by the arresting officer upon a personal recognizance if:
    1. The arrested person has been issued a valid license to operate a motor vehicle by this state, another state jurisdiction within the United States, or any party jurisdiction of the Nonresident Violator Compact;
    2. The arresting officer is satisfied as to the identity of the arrested person;
    3. The arrested person signs a written promise to appear as provided for on the citation; and
    4. The violation does not constitute:
      1. A felony;
      2. Negligent homicide;
      3. Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substances;
      4. Eluding or attempting to elude a law enforcement officer;
      5. Operating a motor vehicle without having been issued a valid driver’s license, or while the license is under suspension, revocation, denial or cancellation;
      6. An arrest based upon an outstanding warrant;
      7. A traffic violation coupled with any offense stated in subparagraphs a through f of this paragraph;
      8. An overweight violation, or the violation of a special permit exceeding the authorized permit weight; or
      9. i. A violation relating to the transportation of hazardous materials.
  2. If the arrested person is eligible for release on personal recognizance as provided for in subsection A of this section, then the arresting officer shall:
    1. Designate the traffic charge;
    2. Record information from the arrested person’s driver’s license on the citation form, including the name, address, date of birth, personal description, type of driver’s license, driver’s license number, issuing state, and expiration date;
    3. Record the motor vehicle make, model and tag information;
    4. Record the arraignment date and time on the citation; and
    5. Permit the arrested person to sign a written promise to appear as provided for in the citation. The arresting officer shall then release the person upon personal recognizance based upon the signed promise to appear. The citation shall contain a written notice to the arrested person that release upon personal recognizance based upon a signed written promise to appear for arraignment is conditional and that failure to timely appear for arraignment shall result in the suspension of the arrested person’s drivers license in this state, or in the nonresident’s home state pursuant to the Nonviolent Violator Compact.
  3. Procedures for arraignment, continuances and scheduling, timely appearances, pleas of guilty or nolo contendere, posting bail, payment of fines and costs, issuance of arrest warrants, and requests for suspension of drivers license, shall be as required in state law, Sections 1115.1 through 1115.5 of Title 22 of the Oklahoma Statutes.
  4. A defendant released upon personal recognizance may elect to enter a plea of guilty or nolo contendere to the violation charged at any time before he is required to appear for arraignment by indicating such plea on the copy of the citation furnished to him or on a legible copy thereof, together with the date of the plea and his signature. The defendant shall be responsible for assuring full payment of the fine and costs to the court clerk. The defendant shall not use currency for payment by mail. If the defendant has entered a plea of guilty or nolo contendere as provided for in this subsection, such plea shall be accepted by the court and the amount of the fine and costs shall be as prescribed by ordinance for the violation charged or as prescribed by the court.
  5. If, pursuant to the provisions of subsection D of this section, the defendant does not timely elect to enter a plea of guilty or nolo contendere and fails to timely appear for arraignment, the court may issue a warrant for the arrest of the defendant and the municipal or district court clerk, within one hundred twenty (120) calendar days from the date the citation was issued by the arresting officer, shall notify the State Department of Public Safety that:
    1. The defendant was issued a traffic citation and released upon personal recognizance after signing a written promise to appear for arraignment as provided for in the citation;
    2. The defendant has failed to appear for arraignment without good cause shown;
    3. The defendant has not posted bail, paid a fine, or made any other arrangement with the court to satisfy the citation; and
    4. The citation has not been satisfied as provided by law.

    The court clerk shall request the State Department of Public Safety to either suspend the defendant’s driver’s license to operate a motor vehicle in this state, or notify the defendant’s home state and request suspension of the defendant’s driver’s license in accordance with the provisions of the Nonresident Violator Compact. Such notice and request shall be on a form approved or furnished by the State Department of Public Safety. The court clerk shall not process the notification and request provided for in this subsection if, with respect to such charges:

    1. The defendant was arraigned, posted bail, paid a fine, was jailed, or otherwise settled the case;
    2. The defendant was not released upon personal recognizance upon a signed written promise to appear as provided for in this section or if released, was not permitted to remain on such personal recognizance for arraignment;
    3. The violation relates to parking or standing, an overweight violation, an overweight permit, or the transportation of hazardous materials; or
    4. A period of one hundred twenty (120) calendar days or more has elapsed from the date the citation was issued by the arresting officer.
  6. The court clerk shall maintain a record of each request for driver’s license suspension submitted to the State Department of Public Safety pursuant to the provisions of this section. When the court or court clerk receives appropriate bail or payment of the fine and costs, settles the citation, makes other arrangements with the defendant, or otherwise closes the case, the court clerk shall furnish proof thereof to such defendant, if the defendant personally appears, or shall mail such proof by first class mail, postage prepaid, to the defendant at the address noted on the citation or at such other address as is furnished by the defendant. Additionally, the court or court clerk shall notify the home jurisdiction of the defendant as listed on the citation, if such jurisdiction is a member of the Nonresident Violator Compact, and shall in all other cases, notify the State Department of Public Safety of the resolution of the case. The form of proof and the procedures for notification shall be approved by the State Department of Public Safety. Provided however, the court or court clerk’s failure to furnish such proof or notice in the manner provided for in this subsection shall in no event create any civil liability upon the court, the court clerk, the state or any political subdivision thereof, or any state department or agency or any employee thereof but duplicate proof shall be furnished to the person entitled thereto upon request. (Prior Code, Sec. 12-24A, as amended)

SECTION 6-126 ARRAIGNMENT AND PLEADINGS BY DEFENDANT

Upon making his appearance before the court, the defendant shall be arraigned. The judge, or the attorney of the city, shall read the complaint to the defendant, inform him of his legal rights, including the right of trial by jury, if available, and of the consequences of conviction, and ask him whether he pleads guilty or not guilty. If the defendant pleads guilty, the court may proceed to judgment and sentence or may continue the matter for subsequent disposition. If the plea is not guilty, and the case is not for jury trial, the court may proceed to try the case, or may set it for hearing at a later date. (Prior Code, Sec. 12-25)

SECTION 6-127 TRIALS AND JUDGMENTS

  1. Before trial commences, either party, upon good cause show, may obtain a reasonable postponement thereof.
  2. The defendant must be present in person at the trial.
  3. In all trials, as to matters not covered in this chapter, or by the statutes relating to municipal courts, or by rules duly promulgated by the Supreme Court of Oklahoma, the procedure applicable in trials of misdemeanors in the district courts shall apply to the extent that they can be made effective.
  4. If the defendant pleads guilty or is convicted after the trial, the court shall:
    1. Render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinances and impose sentence accordingly; or
    2. May modify, suspend, or defer the sentence as provided by law.
  5. At the close of trial, judgment must be rendered immediately by the judge who shall cause it to be entered in his docket.
  6. If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once.
  7. Following conviction in court for a violation of a city ordinance, the court may order the defendant to a term of community service or remedial action in lieu of fine or in conjunction with imprisonment. (Prior Code, Sects. 12-26, 12-28, 12-31, 12-32, 12-35, 12-36; Ord. No. 500 12/6/90)
  8. The amount of the fine for a violation for which a municipal court must hold a jury trial is $500.00.

State Law Reference: Suspension of sentence, conditions and procedures in municipal court, 11 O.S. Sections 27-123 and 27-124.

SECTION 6-128 JURY TRIAL WAIVER

In all prosecutions in the city court for any offense punishable by a fine of One Hundred Dollars ($100.00) or more, or by imprisonment, or by both such fine or imprisonment, a jury trial shall be had unless waived by the defendant and the city. In prosecutions for all other offenses, or in the case where a jury trial is waived, trial shall be to the court. (Prior Code, Sect. 12-29; Ord. No. 500 12/6/90)

SECTION 6-129 FAILURE TO APPEAR

  1. Any person who is charged with a violation of this code and who, having been duly issued a summons, or having been arraigned and released on recognizance, or having made a promise to appear, and violates such recognizance, or fails to answer the summons, or fails to answer a promise to appear and does not voluntarily appear before the court on the appointed date and time, regardless of the disposition of the charge for which the citation was originally issued, shall be guilty of an offense.
  2. Any person who shall violate the provisions of this section by failing to appear in the court shall be deemed guilty of an offense and upon conviction thereof shall be punished as provided in Section 1-108 of this code. (Ord. No. 500, 12/6/90)

SECTION 6-130 SUSPENSION OR DEFERMENT OF JUDGMENT, POWERS

  1. The judge of the court in imposing a judgment and sentence, at his discretion, is empowered to modify, reduce or suspend or defer the imposition of such sentence or any part thereof and to authorize the person to be released upon his own recognizance for a period not to exceed six (6) months from the date of the sentence, under such terms or conditions as the judge may specify.
  2. If a defendant who has received a suspended sentence violates any state or federal law or city ordinance, or violates any of the terms and conditions imposed by the court, the court may cause a warrant to be issued as to the defendant, and upon a finding by the court that such violation has occurred, the court may order the original fine or imprisonment be completed.
  3. If a defendant who has received a deferred sentence by the court violates any state or federal law or any city ordinance, or violates the terms and conditions imposed by the court, the court may, upon finding of such violation of the terms and conditions, enter a judgment of guilty and impose a sentenced up to the maximum fine or imprisonment allowed by the applicable law or ordinance.
  4. The judge may continue or delay imposing a judgment and sentence for a period of time not to exceed six (6) months from the date of the sentence. At the expiration of such period, the judge may allow the city attorney to amend the charge to a lesser offense.
  5. If a deferred sentence is imposed, an administrative fee of One Hundred Dollars ($100.00) may be imposed as costs in the case. The court may make payment of the fee a condition of granting or continuing the imposition of a sentence, if the defendant is able to pay.
  6. Upon the completion of the probation term in the event the defendant has received a suspended sentence, deferred sentence or the judgment and sentence has been delayed or continued, the defendant shall be discharged without a court judgment of guilty, and the verdict, judgment of guilty or plea of guilty shall be expunged from the record and the charged dismissed with prejudice to any further action.
  7. The court may also require restitution and in the event there was damage done to public or private property during the commission of the offense, the court may require the defendant to repair or replace such damaged property as a condition to a deferred sentence as my be directed by the court.
  8. For the purpose of this section, “judge” means a judge who is licensed to practice law in this state. (Prior Code, Sec. 12-37; Ord. No. 500, 12/6/90)

State Law Reference: Similar provisions, 11 O.S. Sec. 27-123.

SECTION 6-131 COSTS

  1. If judgment of conviction is entered, the court may tax the costs to the defendant in the sum of Fifteen Dollars ($15.00), or the maximum allowed by state law, plus the fees and mileage of witnesses, all of which the defendant shall pay in addition to any fine that may be imposed. The total amount of the cost and fine shall not exceed the penalty set out in Section 1-108. (Prior Code, Sec. 12-38; Ord. No. 490, 3/15/88)
  2. In order to finance access to Law Enforcement Training and future Municipal Court and Police Department computer upgrading, there shall be added a fee of THREE DOLLARS ($3.00) to each violation exclusive of fine and court costs, which monies shall be segregated and used for the purposes only of providing access to Law Enforcement Training and Municipal Court and Police computer upgrading.

SECTION 6-132 WITNESS FEES

Witnesses in any proceeding in the court other than the police officers or peace officers shall be entitled to Three Dollars ($3.00) per each day of attendance, plus ten cents ($.10) for each mile actually and necessarily traveled in going to and returning from the place of attendance if their residence is outside the limits of the city. However, no witness shall received fees or mileage in more than one case for the same period of time or the same travel. A defendant seeking to subpoena witnesses must deposit with the clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who files an affidavit setting out:

    1. The names of no more than three (3) witnesses;
    2. That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law;
    3. That the testimony of the witnesses is material; and
    4. That their attendance at the trial is necessary for his proper defense.

SECTION 6-133 ENFORCEMENT OF FINES AND COSTS, IMPRISONMENT, WORK

  1. A judgment that the defendant pay a fine may also direct the he be imprisoned until the fine is satisfied at the rate of one day imprisonment for each Five Dollars ($5.00) of fine. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court of the county wherein the situs of government is situated where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. Thereupon the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.
  2. The sentencing court may require a person sentenced to confinement in the city jail for any offense to pay the jail facility the costs of food and maintenance for each day of incarceration, both before and after conviction, medical care, dental care and psychiatric services. The costs for food and maintenance of each day of incarceration shall be in an amount equal to the actual cost of the services, the costs to be determined by the chief of police. The cost of the services shall be paid of all jail facilities where the inmate may have been held before and after conviction. The costs shall not be assessed if, in the judgment of the court, such costs would impose a manifest hardship on the inmate, or if in the opinion of the court the property of the inmate is needed for the maintenance and support of the family of the inmate. (Prior Code, Sec. 12-39, as amended; Ord. No. 500, 12/6/90)

State Law Reference: Similar provisions, 11 O.S. Sec. 27-122; Community service, powers to direct, liability of city limited, 57 O.S. Secs. 227, 228.

SECTION 6-134 PENALTY ASSESSMENTS

  1. Any person:
    1. Convicted of an offense punishable by a fine of Ten Dollars ($10.00) or more or by imprisonment, excluding parking and standing violations; or
    2. Forfeiting bond when charged with such an offense under paragraph one hereof, shall pay a sum as set by state law as a separate penalty assessment for law enforcement training, and as a separate fingerprinting fee, which shall be in addition to and not in substitution for any and all fines and penalties and costs otherwise provided for such offense. The court shall provide for separate bail for the assessments; however, a defendant admitted to bail on an undertaking by a surety may include the amount of the assessment in the undertaking.
  2. Upon conviction or bond forfeiture, the court shall collect the assessment and deposit the monies for payment as required by state law.
  3. At the end of every quarter the city shall deposit with the Oklahoma State Treasury the funds deposited in the law enforcement training funds and the A.F.I.S. (automated fingerprint identification) Fund as required by law. The court clerk shall also furnish to the State Treasury reports required on the funds collected and penalty assessments imposed each quarter.
  4. For the purpose of this section, “conviction” means any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere or otherwise, and any deferred or suspended sentence or judgment. (Ord. NO. 503, 7/2/91, in part)

State Law Reference: Similar provisions, 20 O.S. Sec. 1313.1 through 1313.3.