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TRAFFIC

GENERAL PROVISIONS

 

Section 15-101            Citation of chapter.

Section 15-102            Traffic code controlling, boundary streets.

Section 15-103            Definitions.

Section 15-104            Adoption of state traffic code.

 

SECTION 15-101       CITATION OF CHAPTER.

This chapter and all amendments hereto may be cited or referred to as the "Traffic Code, City of Spencer", and may so appear upon all official documents, records or instruments.  (Prior Code, Title 40).

SECTION 15-102       TRAFFIC CODE CONTROLLING, BOUNDARY STREETS.

A.  Except as specifically provided by law as set forth in this chapter, the traffic code shall be controlling and apply to the use of city streets, alleys, thoroughfares, parks, parkways, public parking lots, school driveways, streets, parking lots, or any other public right-of-way or municipally owned land, including streets and other ways that form the boundary line of the city, by pedestrians and by vehicles of every kind whether self-propelled or otherwise and whether moving or at rest.

B.  Officers of the police department are hereby authorized to enforce traffic regulations on 23rd Street which forms the southern boundary of the city.  (Prior Code, Title 40; Ord. No. 312-A-91, 8/8/91)

SECTION 15-103       DEFINITIONS.

As used herein:

1. "Alley" means any narrow highway ordinarily located in the interior portion of platted blocks and ordinarily used for service or delivery purposes at the rear of stores, dwellings or buildings;

2.  "Ambulance" means a motor vehicle constructed, reconstructed or arranged for the purpose of transporting ill, sick, or injured persons;

3.   "Bicycle" means a device propelled by human power upon which any person may ride, having two (2) tandem wheels;

4.   "Bus" means every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;

5.   "Business district" means the territory contiguous to, and including a highway if there are buildings within six hundred (600) feet or the highway in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad satiations, and public buildings which occupy at least three hundred buildings, railroads stations, and public buildings which occupy at least three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the highway;

6.   "Controlled access highway" means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway;

7.  "Commercial vehicles" means every vehicle designed, maintained, or used primarily for the transportation of property;

8.   "Center lane" means any clearly marked center lane.  If the center lane is not marked and no cars are parked on the roadway, then the center lane is equally distanced between the curbs or traveled portion of the roadway.  In the event a vehicle or vehicles are parked on one side of the roadway only, then the center lane is equally distanced from the side of the parked vehicle or vehicles toward the street and curb on the opposite roadway.  If vehicles be parked on each side of the roadway, then the center lane is equally distanced from the edges of the parked vehicles;

9.   "Cross walk" means that part of a roadway at an intersection included with the connections of the lateral lines of the sidewalks on opposite sides of the street measured from the curbs; or in the absence of curbs from the edges of the traversable roadway.  "Cross walk" also means any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by line or other markings on the surface;

10.   "Double park" means parking or stopping a vehicle on the roadway side of another vehicle already parked adjacent to the edge or curbing of the roadway;

11.   "Driver or operator" means a person who drives or is in actual physical control of a vehicle;

12."Emergency" means an unforeseeable occurrence of temporary duration causing or resulting in an abnormal increase in traffic volume, cessation or stoppage of traffic movement, or creation of conditions hazardous to normal traffic movement, including fire, storm, accident, riot, or spontaneous assembly of large numbers of pedestrians in such a manner as to impede the flow of traffic;

13.  "Emergency vehicle" means vehicle of the fore department, police department vehicles and ambulances;

14.   "Highway", see street;

15.   "Intersection" means:

 a.  The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadway of two (2) streets, which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets join at any other angle, may come in conflict; or

b.         Where a street includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided street b an intersecting street, shall be regarded as a separate intersection.  In the event such intersection street also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such streets shall be regarded as separate intersections;

16.  "Landed roadway" means a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic;

17.  "Limited access highway", see controlled access highway;

18.  "Loading zone" means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or material.  A freight curb loading zone is a loading zone for the exclusive use of vehicles during the loading or unloading of freight;  a passenger curb loading zone is a loading zone for the exclusive use of vehicles during the loading or unloading of passengers;

19.  "Limit lines" means boundaries of parking areas, loading zones and non-traffic areas and lines indication the proper place for stopping where stops are required;

20.  "Motor cycle, motor scooter, and motor bicycle" mean a motor vehicle, other that a tractor, having a seat or saddle for the use of the driver and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.

21.  "Motor vehicle" means every vehicle which is self-propelled;

22.  "Official time" shall mean whenever certain hours are named herein they shall mean Central Standard Time, or Daylight Savings Time, as may be in current use in the city;

23.  "Official traffic control device" means all signs, signals, markings, and devices not inconsistent with this ordinance, placed or erected by authority or a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic;

24.  "Park or parking" means the standing of a vehicle whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in loading or unloading merchandise or passengers, providing such loading and unloading is in an authorized place;

25.  "Pedestrian" means any person afoot;

26.  "Police officer" means every officer on the municipal police department, or any officer authorized to direct or regulate traffic, or to make arrests for violation of traffic regulations;

27.  "Private road or roadway" means a way or place in private ownership ro leading to property in private ownership and used for vehicular traffic by the owner and those having express ir implied permission from the owner;

28.  "Public parking lot" means a parking lot or right of way dedicated to public use or owned by the state or a political subdivision thereof;

29.  "Railroad" means a carrier of persons or property upon cars other than streetcars operated upon stationary rails;

30.  "Railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars;

31.  "Residence district" means the territory contiguous to and including a highway not comprising a business district;

 32.  "Right of way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other;

33.  "Roadway" means that portion of a street improved, designed, ordinarily used for vehicular travel, exclusive or the shoulders.  It the event a street includes two (2) or more separate roadways, the term roadway, as used herein, shall refer to any such roadway, separately, but not to all such roadways, collectively;

34.       "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times, while set apart as a safety zone.

35.       "School zone" means all streets or portions of streets immediately adjacent to a school, or school ground, where same is adjacent and for a distance of three hundred (300) feet in each direction;

36.       "Sidewalk" means that portion of a street between the curb lines or at lateral lines of the roadway and adjacent property lines, intended for use of pedestrians;

37.       "Stand or standing" means any stopping of a vehicle whether occupied or not;

38.       "Stop", when required, shall mean the complete cessation form movement;

39.       "Stop or stopping", when prohibited, means any halting even momentarily of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic signal;

40.       "Street or highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is opened to the use of the public for purposes of vehicular travel.

41.       "Through street or highway" means a street, or boulevard or highway or portion thereof at the entrances to which:

a.  Vehicular traffic from intersection streets or highways is required by law to come to a full stop before entering or crossing; and

b.  Stop signs are erected as provided in this part;

42.       "Traffic means pedestrians, ridden or herded animals, vehicles and other conveyances, either singularly or together, while using any highway or street for purpose of travel;

43.       "Traffic control devices or signals" mean any device legally authorized and used for the purpose of regulating, warning or guiding traffic;

44.       "Urban district" means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred (100) feet for a distance of a quarter mile or more;

45.       "U-turn" means a turn b which a vehicle reverses its course of travel on the same street; and

46.       "Vehicle" means every device in, upon, or by which any person or property is, or may be transported, or drawn, upon a highway or street, except devices moved by human power or used exclusively upon stationary rails or tracks. (Prior Code, Title 40)

State Law Reference:  Definitions, state traffic code, 47 O.S. Sections 1-101 et seq.

 

SECTION 15-104       ADOPTION OF STATE TRAFFIC CODE.

The provisions of the state motor vehicle code, Sections 1-101 et. seq. of Title 47 of the Oklahoma Statutes, and the Rules of the Road, Sections 10-101 et. seq. of Title 47 of the Oklahoma Statutes, are hereby adopted and incorporated herein by reference, and are enforceable by the city within the city limits as fully as if set out at length herein.

State Law Reference:  State rules of the road, 47 O.S. Sections 10-101 et seq.; state motor vehicle code, 47 O.S. Sections 1-101 et seq.

ENFORCEMENT AND GENERAL PROVISIONS

Section 15-201                        Enforcement of traffic laws; establishment of traffic control division.

Section 15-202                        Direction of traffic by hand or voice.

Section 15-203                        Direction of traffic by unauthorized persons.

Section 15-204                        Obedience to police and fire officials.

Section 15-205                        Emergency and experimental regulations.

Section 15-206                        Push carts, riding animals, or driving animal drawn vehicles to comply with code.

Section 15-207                        Use of coasters, roller-skates, and similar devices restricted.

Section 15-208                        Public officers and employees to obey traffic regulations.

Section 15-209                        Persons working on streets, exceptions.

Section 15-210                        Maintenance and construction zones.

Section 15-211                        Authorized emergency vehicles.

Section 15-212                        Operation of vehicles on approach of authorized emergency vehicles.

Section 15-213                        Following fire apparatus prohibited.

Section 15-214                        Crossing fire hose.

Section 15-215                        Possession of valid driver's license required.

Section 15-216                        Operation of vehicle on invalid license prohibited.

Section 15-217                        Unlawful to operate vehicle without state vehicle license.

Section 15-218                        Permitting unauthorized person to drive prohibited.

Section 15-219                        Accidents, duty to stop, leaving scene of accident.

Section 15-220                        Issuance of citation tags.

Section 15-221                        Procedure for police officers.

Section 15-222                        Disposition and records of traffic citations and complaints.

Section 15-223                        Audits of records and reports.

Section 15-224                        When copies of citations shall be deemed a lawful complaint.

Section 15-225                        Failure to obey citation.

Section 15-226                        Failure to comply with traffic citations attached to parked vehicle.

Section 15-227                        Presumption in reference to illegal parking.

Section 15-228                        Illegal cancellation of traffic citations.

Section 15-229                        Disposition and records of traffic citations, warrants, and complaints.

Section 15-230                        Court records; abstract to be sent to State Department of Public Safety.

Section 15-231                        Insurance or certificate required.

SECTION 15-201       ENFORCEMENT OF TRAFFIC LAWS; ESTABLISHMENT OF TRAFFIC   CONTROL DIVISION.

It is the duty of the officers of the police department of any officers that are assigned by the chief of police to enforce all street traffic laws of this city and all the state vehicle laws applicable to street traffic in this city.  Officers of the department shall make arrest for traffic volitions, investigate accidents, and cooperate with other officer in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the department by this part and any other traffic ordinances of this city.  Officers may issue written notice to appear to any driver of a vehicle involved in an accident when, based on personal investigation, the officer has reasonable and probable grounds to believe that the person has committed an offensive under the provisions of the traffic code in connection with the accident.  (Prior Code, Title 40)

SECTION 15-202       DIRECTION OF TRAFFIC BY HAND OR VOICE.

A.        Officers on the police department or any officers designated by the chief of police are hereby authorized to direct traffic by voice, hand, or signal in emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws and ordinances.

B.         Officers of the fire department, when at the scent of a fire, or other emergency, may direct or assist the police in directing traffic as conditions may require notwithstanding the provisions of the traffic laws and ordinances.

SECTION 15-203       DIRECTION OF TRAFFIC BY UNAUTHORIZED PERSONS.

No unauthorized person shall direct or attempt to direct traffic, except in case of emergency where no officer is present.  (Prior Code, Title 40)

SECTION 15-204       OBEDIENCE TO POLICE AND FIRE OFFICIALS

No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official.  (Prior Code, Title 40)

SECTION 15-205       EMERGENCY AND EXPERIMENTAL REGULATIONS.

A.        The city's manager, subject to any directions which the council may give by motion or resolutions, is empowered to adopt regulations necessary to make effective provisions of the traffic ordinances of this city and to make temporary or experimental regulations to cover emergencies or special conditions.  No such temporary or experimental regulations shall remain in effect for more than ninety (90) days. 

B.         The city's manager may have traffic-control devices tested under actual conditions of traffic. (Prior Code, Title 40)

SECTION 15-206       PUSH CARTS, RIDING ANIMALS, OR DRIVING ANIMAL DRAWN   VEHICLES TO COMPLY WITH CODE.

Every person propelling any push cart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this part applicable to the driver of any vehicle, except those provisions of this part which by their very nature can have no application.  (Prior Code, Title 40)

State Law Reference:  Similar provisions; 47 O.S. Section 11-104.

SECTION 15-207       USE OF COASTERS, ROLLERSKATES, AND SIMILAR DEVICES                                                 RESTRICTED.

No person upon roller-skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a cross walk; and when so crossing, such person shall be subject to all of the duties applicable to pedestrians.  This section shall not apply upon any street while set aside as a play street as authorized by ordinances of this city.  (Prior Code, Title 40)

SECTION 15-208       PUBLIC OFFICERS AND EMPLOYEES TO OBEY TRAFFIC                                           REGULATIONS.

The provisions of this part shall apply to the driver of any vehicle owned by or used in the service of the United State Government, any state, county, city, or governmental unit or agency, as well as to other vehicles.  It is unlawful for any such driver to violate any of the provisions of this part, except as otherwise permitted in this part by state statute.  This part shall not apply to the military forces of the United States and organizations of the National Guard when performing any military duty.  (Prior Code, Title 40)

State Law Reference:  Municipal drivers to obey state rules of the road, 47 O.S. Section 16-103.

SECTION 15-209       PERSONS WORKING ON STREETS, EXCEPTIONS.

Unless specifically made applicable, the provisions of this part, except those relating to reckless driving and driving while intoxicated, shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a street, or to persons, motor vehicles, and other equipment while actually engaged in construction, maintenance, or repair of public utilities.  All street or highway and public utility operations shall be protected by adequate warning signs, signals, devices, or flag persons.  The provisions of this part shall apply to any of the persons and vehicles exempted by this section when traveling to and from such work.  (Prior Code, Title 40)

SECTION 15-210       MAINTENANCE AND CONSTRUCTION ZONES.

A.        City personnel or contractors, while repairing or improving the streets of the city, and city personnel and utility companies, when installing, improving, or repairing lines or other utility facilities in the streets, are hereby authorized as necessary, subject to control by the city clerk, to close any street or section thereof to traffic during such repair, maintenance, or construction.  In exercising this authority, the appropriate personnel, contractor or utility company shall erect or cause to be erected proper control devices and barricades to warn and notify the public that the street has been closed to traffic.

B.         When any street has been closed to traffic under the provisions of  Subsection A of this section and traffic-control devices or barricades have been erected, it is unlawful for any person to drive any vehicle through, under, over, or around such traffic-control devices or barricades, or otherwise to enter the closed area.  The provisions of this subsection shall not apply to persons entering the closed area or zone for the protection of lies or property.  Persons having their places of residence or places of business within the closed area may travel, when possible to do so, through the area at their own risk.

C.        Whenever construction, repair, or maintenance of any street or utility line of facility is being performed under traffic, the city personnel, contractor, or utility company concerned shall erect, or cause to be erected, traffic control devices to warn and guide the public.  Every person using the street shall obey all sign, signals, markings, flag persons, or other traffic control devices which are placed to regulate, control, and guide traffic through the construction or maintenance area.  (Prior Code, title 40)

D.        The provisions of this section shall not relieve the driver or an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.  (Prior Code, Title 40)

State Law Reference:  Emergency vehicle driving rules, 47 O.S. Section 11-106.

SECTION 15-211       AUTHORIZED EMERGENCY VEHICLES.

A.        The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or ordinance or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated in this section.

B.         The driver of an authorized emergency vehicle may do any of the following when in pursuit of an actual or suspected violator of the law or ordinance or when responding to but not upon returning from a fire alarm:

1.         Park or stand, irrespective of the provisions of this part;

2.         Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation:

3.         Exceed the maximum speed limits so long as life or property is not endangered; or

4.         Disregard regulations governing direction of movement or turning in specific directions.

C.  The exemptions granted I this section to an authorized emergency vehicle shall apply only when the driver of any such vehicle is making use of audible and visual signals as required by law, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.

D.        The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.  (Prior Code, Title 40)

SECTION 15-212       OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES.

A.        Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only, the driver every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

B.         This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.  (Prior Code, Title 40)

State Law Reference:  Authorized emergency vehicles and their equipment, 47 O.S. Sections 11-106, 11-405, and 12-218; approach of emergency vehicles, 47 O.S. Section 11-405.

SECTION 15-213       FOLLOWING FIRE APPARATUS PROHIBITED.

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.  (Prior Code, Title 40)

SECTION 15-214       CROSSING FIRE HOSE.

No vehicle shall be driven over any unprotected hose of a fire department used at any fire or alarm of fire, without the consent of the fire department official in command. (Prior Code, Title 40)

SECTION 15-215       POSSESSION OF VALID DRIVER'S LICENSE REQUIRED.

A.        No person shall operate any motor vehicle on the highways without having in his possession at all times, when operating such motor vehicle, an un-revoked or un-suspended operator's or chauffer's license required by the laws of the state, unless such person is specifically exempted from such laws by the provisions thereof. No person charged with violation this section shall be convicted if he produces in court an operator's or chauffer's license issued to him and valid at the time of his arrest.

B.         No person shall operate a motor vehicle in any manner in violation of any restriction that may be imposed in a restricted license issued to him with respect to the type of, or special mechanical control devices required on a motor vehicle or any other restriction applicable to the licensee as the state may determine.  (Prior Code, Title 40)

State Law Reference: Driver's licenses, 47 O.S. Section 6-101.

SECTION 15-216       OPERATION OF VEHICLE ON INVALID LICENSE PROHIBITED.

No person shall operate a motor vehicle when his privilege to do so is cancelled, suspended, revoked or denied.  Any person convicted of violation this section shall be punished by a fine as provided in Section 1-108 of this code.  Each act of driving on the streets or highways as prohibited by this section shall constitute a separate offense. (Prior Code, Title 40)

SECTION 15-217       UNLAWFUL TO OPERATE VEHICLE WITHOUT STATE VEHICLE LICENSE.

It is unlawful to operate a vehicle of any kind upon a street of the city without a state vehicle license as may be required by law or to fail to display the state vehicle license as may be required by law. (Prior Code, Title 40)

SECTION 15-218       PERMITTING UNAUTHORIZED PERSON TO DRIVE PROHIBITED.

No person shall authorized or knowingly permit any vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under the provisions of the laws of the state to operate such vehicle.  (Prior Code, Title 40)

SECTION 15-219       ACCIDENTS, DUTY TO STOP, LEAVING SCENE OF ACCIDENT.

A.        The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or property shall immediately stop his vehicle at the scene of such accident, or as close thereto as possible, return to and remain at the scene of the accident until he has given his name, address and the registration of his vehicle and shall upon request exhibit his driver's license to the person injured or the driver or occupant of, or person attending, any vehicle collided with, and shall render to any person injured in such accident reasonable assistance, including the carrying or making arrangement for the carrying of such persons to a physician, surgeon or hospital for medical and surgical treatment if it is apparent that this treatment is necessary, or if such is requested by the injured person.  Each such stop shall be made without obstructing traffic move than is necessary.

B.         The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death or any person or in which it is apparent that damage to one vehicle or to the property is in excess of Three Hundred Dollars ($300.00) shall, as soon as practicable, report such accident to a police officer or to the police department.  If a driver makes out a written report of the accident in the office or the police department as soon as practicable after the accident, which report is to be forwarded to the state department of public safety in accordance with state law, the driver shall be deemed to be in compliance with this section.

C.        Any person failing to stop or to comply with any of the requirements of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined as provided in Section 1-108 of this code. (Prior Code, Title 40)

State Law Reference:  Similar provisions, 47 O.S. Section 6-303.

SECTION 15-220       ISSUANCE OF CITATION TAGS.

A.        Police officers are hereby authorized to give notice to persons violating provisions of this part by delivering citation tags to violators or, in cases where vehicles without drivers are parked or stopped in violations of this chapter, by affixing such tags to the vehicles by means of which the violation occurred.  Such citation tags, among other things, shall bear briefly the charge, shall bear the registration number of the vehicle, and shall direct the violator to present the tag at the police station or other designated place with the time as may be specified thereon.

B.         Nothing in this section shall be construed to abridge the power of a police officer to arrest any violator and take him into custody.

C.        The city manager may require that the police officers use citation tags furnished by the city clerk and that such tags are serially numbered, and may regulate the use and handling of the citation tags. (Prior Code, Title 40) 

SECTION 15-221       PROCEDURE FOR POICE OFFICERS.

A police officer who holds a person for such violation other than for the purpose of giving him a warning or warning notice and does not take a person into custody under arrest, shall take the name, address, and operator's license number of such person, license number of the motor vehicle involved and such other pertinent information as may be necessary and shall issued to him in writing on a form provided by the city clerk, a traffic citation containing a notice to answer to the charge against him before the municipal judge of the city at a time certain to be shown on the citation.  The officer upon receiving the written promise of the alleged violator to answer as specified in such violation shall release such person from custody,, but the officer, if in his discretion he does not believe such person shall answer the citation, within the time specified, or will flee the jurisdiction of the municipal court, he shall take the person into custody, who shall have the privilege of posting bond as provided herein, otherwise he shall be committed to the city jail. (Prior Code, Title 40). 

SECTION 15-222       DISPOSITION AND RECORDS OF TRAFFIC CITATIONS AND  COMPLAINTS

A.        Every police officer upon issuing a traffic citation to an alleged violator of any provision of this traffic ordinance, shall deposit the original and a duplicate copy of the citation to an immediate superior officer who shall cause the original to be delivered to the municipal court of the city and the duplicate copy to the central records section of police department.  The second duplicate copy of the citation shall be retained in the traffic citation book and shall be delivered by such superior officer to the city clerk together with such book when all traffic citations therein have been issued.

B.         Upon the filing of such original citation in the municipal court of this city the citation may be disposed of only by trial in the court or by other official action by a judge of the court, including the settlement of bail or the payment of a fine, or may be dismissed by the judge, if in his opinion, the actions complained of do not constitute a violation of traffic ordinances.

C.        The chief of police shall require the return to him of each traffic citation and all copies thereof except that copy required to be retained in the book as provided herein, which has been spoiled or upon which an entry has been made, and has not been issued to an alleged violator.

D.        The chief of police shall also maintain or cause to be maintained in connection with every traffic violation issued by a member of the police department, a record of the disposition of the charge by the municipal court of the city.

E.         The chief of police shall also maintain or cause to be maintained a record of all warrants issued by the municipal court of the city, all the traffic fines which are delivered to the police department for service and of the final disposition of the warrant.

F.        It is unlawful and official misconduct for any member of the police department or other officer of public employ to dispose of, alter, or deface any traffic citation or any copy thereof or the recode of issuance of any traffic citation, complaint or warrant in any manner other than is required in this section.  (Prior Code, Title 40) 

SECTION 15-223       AUDIT OF RECORDS AND REPORTS.

Every record of traffic citations, complaints thereon, and warrants issued therefore required in this chapter in this chapter shall be audited at least monthly by the city clerk, who shall submit a report of such audit, together with a summary thereof to the mayor and city council.  Such reports shall be public records.  For the purpose of this chapter, the city clerk or his duly authorized representative shall have access at all times to all necessary records, files and papers of the municipal court of this city, and the police department.

SECTION 15-224       WHEN COPIES OF CITATONS SHALL BE DEEMED A LAWFUL                                              COMPLINT.

In the event the form of citation provided herein includes information and is sworn to, then such citation, when filed with the municipal court, shall be deemed to be a lawful complaint for the purpose of prosecution under this chapter.  (Prior Code, Title 40) 

SECTION 15-225       FAILURE TO OBEY CITATION.

It is unlawful and an offense for any person to violate his written promise to appear, given to an officer upon the issuance of a traffic citation regardless of the disposition of the charge for which citation was originally issued.  (Prior Code, Title 40) 

SECTION 15-226       FAILURE TO COMPLY WITH TRAFFIC CITATONS ATTACHED TO                            PARKED VEHICLE.

If a violator of the restrictions on stopping, standing, or parking under the traffic laws or ordinances does not appear in response to a traffic citation affixed to such motor vehicle within a period of days as specified on the citation, the clerk of the municipal court may send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him of the violation and warning him that in the event such letter is disregarded for the specified period of days, a warrant of arrest may be issued.  On any occasion where two (2) or more such traffic citations have been affixed on the same motor vehicle and the traffic citations have been disregarded, a warrant of arrest may be issued without sending the letter provided in this section. (Prior Code, Title 40)  

SECTION 15-227       PRESUMPTION IN REFERENCE TO ILLEGAL PARKING.

A.       In any prosecution charging a violation of any law or regulation governing the stand or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any law or regulation, together with proof that the defendant named in the complaint was at the time of the parking the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred.

B.         The presumption in Subsection A of this section shall apply only when the procedure as prescribed in this chapter has been followed. (Prior Code, Title 40)   

SECTION 15-228       ILLEGAL CANCELLATION OF TRAFFIC CITATIONS.

It is unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner other than is provided by this chapter.  (Prior Code, Title 40)

SECTION 15-229       DISPOSITION AND RECORDS OF TRAFFIC CITATIONS, WARRANTS,                                 AND COMPLAINTS.

A.        Every police officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or any traffic law of this city shall deposit the original and a duplicate copy of the citation with his immediate superior officer, who shall cause the original to be delivered to the municipal court.

B.         Upon the filing of the original citation in the municipal court, the citation may be disposed of only by trial in the court or by other official action by a judge of the court, including forfeiture of bail or by payment of a fine.

C.        The chief of police shall maintain a record of all warrants issued by the municipal court which are delivered to the police department for service, and of the final disposition of the warrants.

D.        No member of the police department or other officer or public employee shall dispose of, alter, or deface a traffic citation or any copy thereof, or the record of other than as required in this chapter.  (Prior Code, Title 40) 

SECTION 15-230       COURT RECORDS:  ABSTRACT TO  BE SENT TO STATE                                                 DEPARTMENT          OF PUBLIC SAFETY.

A.       The municipal judge shall keep a record of every traffic citation deposited with or presented to the court and shall keep a record of every official action by the court or its traffic violations bureau in reference thereto, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal, and the amount of fine or forfeiture.

B.         Within ten (10) days after the conviction or forfeiture of bail of a person upon a charge of violating any provision of this chapter or other law regulating the operation of vehicles on highways, the municipal judge or clerk of the court in which the conviction was had or bail was forfeited shall prepare and immediately forward to the State Department of Public Safety a certified abstract of the court's record of the case.  An abstract need not be made of any conviction involving the illegal parking or standing of a vehicle.

C.        The abstract must be made upon a form furnished by the State Department of Public Safety and shall include the name and address of the party charged, the number of his operator's or chauffer's license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, whether bail was forfeited, and the amount of the fine or forfeiture. (Prior Code, Title 40)

SECTION 15-231       INSURANCE OR CERTIFICATE REQUIRED.

A.        The owner of a motor vehicle registered in this state and operating the vehicle within the city's boundaries, shall carry in such vehicle at all times a current owner's security verification form listing the vehicle, or an equivalent for which has been used by the State Department of Public Safety which shall be produced by any driver thereof upon request for inspection by any law enforcement officer and , in case of a collision, the form shall be shown upon request to any person affected by the collision.

 

B.         The following shall not be required to carry an owner's or operator's security verification form or an equivalent form from the department during operation of the vehicle and shall not be required to surrender such form for vehicle registration purposes:

 

1.         Any vehicle owner or leased by the federal or state government, or any agency or political subdivision thereof;

 

2.         Any vehicle bearing the name, symbol or logo of the business, corporation or utility on the exterior and which is in compliance with the Compulsory Insurance Law according to records of the Department of Public Safety which reflect a deposit, bond, self-insurance, or fleet policy;

 

3.         Any vehicle authorized for operation, under a permit number issued by the Interstate Commerce Commission, or the Oklahoma Corporation Commission;

 

4.         Any licensed taxicab; and

 

5.         Any vehicle owned by a licensed motor vehicle dealer.

 

C.        For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this section:

 

1.         "Owner's Policy" means an owner's policy of liability insurance which:

 

a.         Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is thereby to be granted;

 

b.         Shall insure the person named therein and insure any other person, except as provided in Subparagraph C of this paragraph, using an insured vehicle with the express or        implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership. Maintenance, operation or use of such vehicle;

 

c.         May provide for exclusions from coverage in accordance with existing laws; and

 

d.         Shall be issued by an authorized carrier providing coverage in accordance with Section 7-204 of Title 47 of the Oklahoma Statutes.

 

2.         "Operator's Policy" means an operator's policy of  liability insurance which shall insure the named person against loss from the liability imposed upon him by law for damages arising out of the operation or use by him of any motor vehicle not owned by him, subject to the same limits of liability required in an owner's policy;

 

3.         "Security" means:

 

a.         A policy or bond meeting the requirements of Section 7-204 of Title 47 of the Oklahoma Statutes;

 

b.         A deposit of cash or securities having the equivalency of limits required under Section 7-204 of Title 47 of the Oklahoma Statutes as acceptable limits for a policy or bond; or

 

c.         Self-insurance, pursuant to the provisions of Section 7-503 of Title 47 of the Oklahoma Statutes, having the equivalency of limits required under Section 7-204 of Title 47 of the Oklahoma Statutes, as acceptable limits for a policy or bond.

 

4.         "Compulsory Insurance Law" means the law requiring liability insurance in conjunction with the operation of a motor vehicle in this state as found in Article VI, Chapter 7, and Section 7-606 of Title 47 of the Oklahoma Statutes.

 

5.         "Security verification form" means a form, approved by the State Board for Property and Casualty Rates, verifying the existence of security required by the Compulsory Insurance Law of the State of Oklahoma.

           

D.        Every operator of a motor vehicle registered in this state, shall while operating or using such vehicle within the city's boundaries, carry either an operator's or owner's security verification form issued by a carrier, providing the operator is not excluded from coverage thereon; or an equivalent form issued by the Department of Public Safety, reflecting liability coverage.

 

E.         An owner or operator who fails to produce for inspection a valid and current security verification form or equivalent form which has been issued by the department upon request of any peace officer of the department shall be guilty of a misdemeanor and upon conviction shall be subject to a fine as provided in Section 1-108 of this code.

 

F.         A sentence imposed for any violation of this section may be suspended or deferred in whole or in part by the court.

 

G.        Any person producing proof in court that a current security verification form or equivalent form which has been issued by the department reflecting this liability coverage for such person was in force at the time of the alleged offense shall be entitled to dismissal of such charge.

 

H.        Upon conviction, bond forfeiture or deferral of sentence, the court clerk shall forward an abstract to the State Department of Public Safety within ten (10) days reflecting the action taken by the court. (Prior Code, Title 40) 

 

VEHICLE EQUIPMENT, INSPECTION

 

Section 15-301                        Certain vehicles prohibited; vehicle injurious to streets.

Section 15-302                        Obstructive and dangerous vehicles.

Section 15-303                        Equipment.

Section 15-304                        Mufflers, cut-outs.

Section 15-305                        Width, height, length, and load.

Section 15-306                        Inspection of vehicles.

 

SECTION 15-301       CERTAIN VEHICLES PROHIBITED, VEHICLES INJURIOUS TO                                                STREETS.

 

No vehicle or object which injures or is likely to injure the surface of a street, shall be driven or moved on any street.  (Prior Code, Title 40)

 

State Law Reference:  Required equipment of vehicles, 47 O.S. Sections 12-101 et seq.

 

SECTION 15-302       OBSTRUCTIVE AND DANGEROUS VEHICLES.

 

No person shall drive any vehicle in such condition, so constructed, or so loaded, as to cause delay or be likely to cause delay in traffic, or as to constitute a hazard to persons or property, except by permit issued by the chief of police and in accordance with the terms of such permit. (Prior Code, Title 40)

 

SECTION 15-303       EQUIPMENT.

 

Every vehicle operated upon the streets of the city shall be equipped as required by law.  It is unlawful to operate a vehicle upon a street of the city which is not equipped as required by law.  It is unlawful to fail to use such equipment in the manner required by law, or to use it in a manner prohibited by law.  It is unlawful to operate a vehicle which has equipment prohibited by law upon a street of the city.  (Prior Code, Title 40)

 

State Law Reference:  For state law relating to equipment, see 47 O.S. Sections 12-201 et seq.

 

SECTION 15-304       MUFFLERS, CUT-OUTS.

 

No motor vehicles with an internal combustion engine shall be operated within the city unless the exhaust form such engine is muffled by a suitable and sufficient muffler.  No muffler cut-out or exhaust or vacuum whistle shall be used on any motor vehicle while operating within the city, except that exhaust whistles may be used on authorized emergency vehicle.  (Prior Code, Title 40)

 

SECTION 15-305       WIDTH, HEIGHT, LENGTH, AND LOAD.

 

No person shall drive or convey through any street any vehicle the width, height, length, weight, or load of which exceeds that authorized by state law, except in accordance with a permit issued by state authority or by the chief of police. (Prior Code, Title 40)

 

State Law Reference:  For state law relating to size, weights, and load, see 47 O.S. Sections 14-101 et seq.

 

SECTION 15-306       INSPECTION OF VEHICLES.

 

A.        No person shall drive or move on any road, street, or highway of this city any motor vehicle, including motorcycles, trailers, semi-trailers, or pole trailers, which are licensed by the Oklahoma tax Commission and operated the streets or highways, of this city, or any combination thereof, unless the vehicle is bearing a valid official inspection sticker issued by an official inspection sticker issued by an official inspection station licensed by the Department of Public Safety.  The provisions of this section shall not apply to any house trailer, which requires a permit to be moved upon the highways of this state.

 

B.         Any person who violates the provisions of this section shall upon conviction thereof be subject to a fine as provided in Section 1-108 of this code. (Prior Code, Title 40)

 

SECTION 15-307       ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS.

 

A.        City personnel, subject to any directions given by the council by motion or resolution, may designate any road, street, alley, or highway, or any separate roadway under the jurisdiction for one-way traffic and shall cause appropriate signs giving notice thereof, to be erected.

B.         Whenever the city manager designates any street or alley or part thereof as a one-way street or alley, the city manager shall have placed and maintained signs giving notice thereof; and no such regulation shall be effective unless such signs are in place.  Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

 

C.        Upon those streets and parts of streets and in those alleys and parts of alleys so designated as one-way streets and alleys, vehicular traffic shall move only in the direction indicated when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.

 

D.        Upon roadways designated and sign posted for one-way traffic a vehicle shall be driven only in the direction designated.

 

E.         A vehicle passing around a rotary traffic island shall be driven only to the right of such island.  (Prior Code, Title 40)

 

State Law Reference:  Similar provisions, 47 O.S. Section 11-308.

 

SECTION 15-508       FOLLOWING TOO CLOSELY.

 

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. (Prior Code, Title 40)  

 

SECTION 15-509       NO PASSING ZONES.

 

A.        The State Department of Transportation, as regards state and federal highways, and the city manager as regards all other streets, are hereby authorized to determine those portions of any highway where overtaking and passing to the left would be especially hazardous, and may, by appropriate signs or marking on the roadway, indicate the beginning end of such zones.  When such signs or markings are in place and clearly visible to an ordinarily observant person, every driver shall obey the directions thereof.

 

B.         Where signs or marking are in place to define a no-passing zone as set forth in Subsection A of this section, no driver shall at any time drive to the left side of the roadway within the no-passing or on the left side of any pavement striping designed to mark the no-passing zone throughout its length.  (Prior Code, Title 40)

 

SECTION 15-510       DRIVING THROUGH FUNERAL OR OTHER PROCESSION                                PROHIBITED; EXCEPTIONS.

 

No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this chapter.  This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers.  (Prior Code, Title 40)

           

State Law Reference; Local powers to regulate processions, 47 O.S. Section 15-102.

 

  SECTION 15-511     DRIVERS IN A PROCESSION.

 

Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as close as practical and safe. (Prior Code, Title 40)

 

SECTION 15-512       FUNERAL PROCESSIONS TO BE IDENTIFIED.

 

A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of such identifying insignia as may be determined and designated by the police department. (Prior Code, Title 40)

 

SECTION 15-513       OVERTAKING AND PASSING IN SCHOOL ZONES.

 

A.        No driver of a vehicle shall pass any other vehicle which is in motion and being driven in the same direction in any school zone between the hours posted on all days when schools are in session.

 

B.         Wherever a school zone is located on a multiple lane street which is divided into three (3) or more clearly marked lanes for traffic or where the right half of the roadway has been divided into two (2) or more lanes, or on one-way streets, vehicles shall be allowed to pass slower moving vehicles being driven in the same direction where passing does not involve a change of lane movement.  (Prior Code, Title 40)

 

SECTION 15-514       OVERTAKING AND PASSING SCHOOL BUS.

 

A.        The driver of a vehicle meeting or overtaking a school bus that is stopped to take on or discharge school children, and on which the rod loading signals are in operation, shall stop his vehicle before it reaches the school bus and not proceed until the loading signals are deactivated and then proceed past such school bus at a speed which is reasonable and with due caution for the safety of such school children and other occupants.

 

B.         The driver of any vehicle when passing a school bus shall use due caution for the safety of school children and other occupants of the school bus.

 

C.        Occupants of the school bus shall have the right of way when crossing the roadway immediately upon leaving the school bus.  (Prior Code, Title 40)

 

State Law Reference:  Similar provisions, 47 O.S. Section 11-307.

 

SECTION 15-515       SCHOOL BUS REQUIREMENTS; LIGHTS; SIGNS; PAINTING.

 

A.        The provisions of Section 15-514 of this code shall be applicable only if the school bus is painted yellow and bears upon the front and rear the words "SCHOO BUS" in letters not less than eight (8) inches in height which can be removed or covered when the vehicle is not in use as a school bus.

 

B.         The school bus shall be equipped with four (4) red alternately flashing warning signal lights, two (2) of which shall be located height on the front and two (2) high on the rear of the vehicle.  The lights shall be a minimum of four (4) inches in diameter and shall be widely separated.  (Prior Code, Title 40)

 

State Law Reference:  Similar provisions, 47 O.S. Section 11-307.

 

SECTION 15-516       DRIVING OF VEHICLES ON SIDEWALK PROHIBITED; EXCEPTION.

 

No person shall drive any vehicle within or upon any sidewalk area except at a permanent or temporary driveway.  (Prior Code, Title 40)

 

SECTION 15-517       LIMITATIONS ON BACKING VEHICLE.

 

The driver of a vehicle shall not back the vehicle unless such movement can be made with reasonable safety and without interfering with any other traffic.  No vehicle shall be backed into an intersection.  (Prior Code, Title 40)

 

SECTION 15-518       LIMITATION OF USE OF MOTORCYCLES, BICYCLES AND MOTOR SCOOTERS.

 

A.        No driver or a two-wheel or three-wheel motor vehicle or bicycle shall carry any other person upon or within such vehicle on any street or highway, except as provided in this section:

 

1.         If any two-wheel or three-wheel motor vehicle with a wheel diameter of twelve with a wheel diameter of twelve (12) inches or greater or any bicycle shall have either a double seating device with double foot rests or a side car attachment providing a separate seat space within such sidecar attachment of reach person riding therein so that such person shall be seated entirely within the body of the side car, then it shall be permissible for an operator who has attained the age of sixteen (16) or older to carry a passenger; and

 

2.         A demonstration ride by a licensed dealer or his employee is permissible.

 

B.         No motorcycle or motor scooter shall be ridden upon any sidewalk of the city.

 

C.        No rider of a motorcycle, bicycle, or motor scooter shall hold on to any moving vehicle for the purpose of being propelled.

 

D.        A person operating a motor scooter motorcycle, motor-driven cycle, or motor bicycle, shall ride only on the permanent and regular seat attached thereto.

 

E.         No driver of a motorcycle or motor scooter shall pass other vehicles in between lanes or traffic traveling in the same direction. Authorized emergency vehicle are excepted from the provisions of this subsection.

 

F.         No person under the age of sixteen (16) shall operate any motorcycle, motor bicycle, or motor scooter within the city between and during the hours of 10:00 P.M. of one day and 4:00 A.M. of the next day.  (Prior Code, Title 40)

 

SECTION 15-519       REQUIRED MOTORCYCLE EQUIPMENT, HEADGEAR.

 

A.        In addition to al other requirements motorcycles and motor scooters shall be equipped with the following:

 

1.         Handle bars which do not exceed twelve (12) inches in height, measured from the crown or point of attachment;

 

2.         Two (2) mirrors, containing a reflection surface of not less than three (3) inches in diameter, mounted one on each side of the vehicle and positioned so as to enable the operator to clearly view the roadway for a distance of two hundred (200) feet to the read of his vehicle;

 

3.         Brakes adequate to control the movement of the vehicle, to stop and hold the vehicle, including two (2) separate means of applying the brakes.  One means for applying the brakes shall be to effectively apply the brakes to the front wheels, and one shall be to effectively apply the brakes to the rear wheels.  All such vehicles shall be equipped with a stop lamp on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred (100) feet to the rear in normal sunlight, and which shall be activated upon application of the service brake;

 

4.         A properly operating speedometer capable of registering at least the maximum legal speed limit for that vehicle shall be provided;

 

5.         A fender over each wheel.  All fenders shall be of the type provided by the manufacturer;

 

6.         One lighted headlamp capable of showing a which light visible at least three hundred (300) feet in the direction in which the vehicle is proceeding, and one tail lamp mounted on the read which, when lighted, shall emit a red light plainly visible from at least three hundred (300) feet to the rear.  The lights required by this paragraph shall be burning whenever the vehicle is in motion during the period from one-half (1/2/) hour after sunset to one-half (1/2) hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the streets are not clearly discernable at a distance of at least five hundred (500) feet ahead; and

 

7.         A windshield of sufficient quality, size and thickness to protect the operator from foreign objects.  In lieu of the windshield, the operator shall wear goggles or face shield of material and design to protect him from foreign objects.

           

B.         No person under eighteen (18) years of age shall operate or ride upon any vehicle covered under this section unless the person is equipped with and wearing on the hear a crash helmet of the type and design manufactured for use by the operators o such vehicles.  All crash helmets shall consist of lining, padding and chin straps and be of the type as not to distort the view of the driver.

 

C.        No person may operate a motorcycle or motor scooter with the exhaust system modified so that motor noise is increased greater than that of the original muffler equipment provided by the manufacturers of the vehicle. (Prior Code, Title 40)

 

SECTION 15-520       SPECIAL SPEED LIMITATION ON MOTORCYCLES AND MOTOR SCOOTERS.

 

No person shall operate any motorcycle or any motor scooter at a speed greater than the speed limit legally posted.  In no event nor at any time may an operator under the age of sixteen (16) years operate a motorcycle or motor scooter, including a motor driven bicycle, at a speed greater than thirty-five (35) miles per hour, or at any time or any speed when prohibited by state law. (Prior Code, Title 40)

 

SECTION 15-521       CLIGING TO VEHICLES PROHIBITED.

 

No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any moving vehicle upon a roadway. (Prior Code, Title 40)

 

SECTION 15-522       ENTERING AND LEAVING CONTROLLED ACCESS HIGHWAYS.

 

No person shall drive a vehicle onto or from any controlled-access highway except at entrances and exits established by public authority.  (Prior Code, Title 40)

 

SECTION 15-523       RECKLESS DRIVING.

 

Any person who drives any vehicle in a wanton manner without regard for the safety of persons or property is guilty of reckless driving, and upon conviction thereof, shall be fined as provided in Section 1-108 of this code.  (Prior Code, Title 40)

 

State Law Reference:    Similar provisions, 47 O.S. Section 11-901.

 

SECTION 15-524       CARELESS OR NEGLIGENT DRIVING, STOPPING OR PARKING.

 

It is unlawful for any person to drive, use, operate, park, cause to be parked, or stop any vehicle:

 

1.         In a careless manner;

 

2.         In a negligent manner;

 

3.         in such a manner as to endanger life, limb, person, or property; or

 

4.         In such a manner or condition as to interfere with the lawful movement of traffic or use of the streets.

                                   

(Prior Code, Title 40)

 

SECTION 15-525       FULL TIME AND ATTENTION REQUIRED.

 

The operator of every vehicle while driving upon the streets and highways of the city shall devote full time and attention to such driving.  (Prior Code, Title 40)

 

SECTION 15-526       REQUIREMENT OF ANY PERSON DIRIING A VEHICLE ON A PULIC WAY TO OPERATE SAME IN A CAREFUL AND PRUDENT MANNER.

 

Any person driving a vehicle on a public road or way shall drive the same in a careful and prudent manner and at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the public way and any other conditions then existing.     (Prior Code, Title 40)

 

SECTION 15-527       DRIVING WHILE UNDER THE INFLUENCE OF DRUGS.

 

A.        No person shall drive, operate, or be in actual physical control of any motor vehicle upon any highway who is under the influence of any substance included in the Uniform Controlled Dangerous Substance Act.  The fact that any person charged with a violation of this provision is or has been lawfully entitled to use such controlled substance shall not constitute a defense.

 

B.         Any person who violates this section shall be guilty of an offense and, upon conviction thereof, shall be fined as provided in Section 1-108 of this code. (Prior Code, Title 40)

 

State Law Reference:    Driving under influence liquor, drugs, 47 O.S. Section 11-902.

 

SECTION 15-528       DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL.

 

A.        It is unlawful for any person who is under the influence of intoxication drugs or liquor to drive, operate or be in actual physical control of any motor vehicle in the city.

 

B.         Any person who operates a motor vehicle while his ability to operate such motor vehicle is impaired b the consumption of alcohol shall be subject to a fine as provided in Section 1-108 of this code.

 

C.        Upon the trial of any criminal action or proceeding arising out of act alleged to have been committed by any person while driving or in actual physical control of a motor vehicle while under the influence of alcohol or intoxicating liquor, or operate a motor vehicle while his ability is impaired by the consumption of alcohol, evidence of the amount of alcohol in the person's blood as shown by a chemical analysis his blood or breath is admissible.  For the purpose of this section:

 

1.         Evidence that there was five-hundredths of one percent (5/100 of 1%) or less by weight of alcohol in his blood is prima facie evidence that the person was not under the influence of alcohol or intoxicating liquor;

 

2.         Evidence that there was more than five-hundredths of one percent (5/100 of 1%) by weight of alcohol in the person's blood is relevant evidence of operation of a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol or intoxicating liquor solely because there was more than five-hundredths of one percent (5/100 of 1%) by weight of alcohol in the person's blood in the absence of additional evidence that such person's driving was affected by the consumption of alcohol to the extent the public health and safety was threatened or that the person had violated a state statute or local ordinance in the operation of a motor vehicle; and

 

3.         Evidence that there was ten-hundredths of one percent (10/100 of 1%) or more by weight of alcohol in his blood shall be admitted as prima facie evidence that the person was under the influence of alcohol or intoxication liquor;

 

The percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100 milliliters of blood.  The provisions of this subsection not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of alcohol or intoxication liquor.  (Prior Code, Title 40)

 

State Law Reference:  Mandatory revocation of license for DUI, 47 O.S. Section 6-205; testing, procedures for DUI, 47 O.S. Sections 751 et seq.

 

SECTION 15-529       TRANSPORTING OF NON-INTOXICATING BEVERAGES EXCEPT INORIGINAL UNOPENED CONTAINER PROHIBITED; EXCEPTION.  

 

It is unlawful for any person to knowingly transport in any moving vehicle upon a public highway, street or alley any non-intoxicating beverage containing move than one half of one percent (.05%) alcohol by volume and not more tan three and two-tenths percent (3.2%) alcohol by weight 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.  (Prior Code, Title 40)          

SECTION 15-530       ATTENTION TO DRIVING REQUIRED.

 

The operator of every vehicle while driving shall devote his full time and attention to such driving.  (Prior Code, Title 40)

 

SECTION 15-531       SPEED CONTEST PROHIBITED.

 

A.        No person shall engage in, aid, abet any motor vehicle speed contest or exhibition of speed on any street or highway.

 

B.         No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest upon any street or highway, in any manner obstruct or place any barricade or obstruction upon any street or highway.

 

C.        When three (3) or more persons assemble to witness or participate in an unlawful speed contest such assembly is unlawful assembly and any person who participates in such unlawful assembly is guilty of an offense. (Prior Code, Title 40)

 

SECTION 15-532       PERMITS REQUIRED FOR PARADES AND PROCESSIONS.

 

No funeral, procession, or parade containing two hundred (200) or more persons or fifty (50) or more vehicles except the military forces of the United States and the military forces of this state, shall occupy, march, or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations as are set forth herein which may apply. (Prior Code, Title 40)

           

State Law Reference:  Local powers to regulate processions, 47, O.S. Section 15-102.

 

SECTION 15-533       DRIVING THROUGH SAFETY ZONE.

 

No vehicle shall at any time be driven through or within a safety zone or island.  (Prior Code, Title 40)

 

SECTION 15-534       STARTING PARKED VEHICLE.

 

No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. (Prior Code, Title 40)

 

SECTION 15-535       OPENING AND CLOSING VEHICLE DOORS.

 

No person shall open the door of  a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so; nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.  (Prior Code, Title 40)

 

State Law Reference;   Similar provisions, 47 O.S. Section 11-1105.

 

SECTION 15-536       OBSTRUCTIONS TO DRIVER'S VIEW OR DRIVING MECHANISM.

 

A.        No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three (3), as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.

 

B.         No passenger in a vehicle shall ride I such position as to interfere with the driver's view ahead or to the sides or to interfere with his control over the driving mechanism of the vehicle.  (Prior Code, Title 40)

 

SECTION 15-537       BOARDING OR ALIGHTING FROM VEHICLES.

 

No person shall board or alight from any vehicle while such vehicle is in motion.  (Prior Code, Title 40)

 

SECTION 15-538       UNLAWFUL RIDING.

 

No person shall ride on any such vehicle upon any portion thereof not designated or intended for the use of passengers.  This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise. (Prior Code, Title 40)

 

SECTION 15-539       RAILROAD TRAINS NOT TO BLOCK STREETS

 

It is unlawful for the direction officer or operator of any railroad train to direct the operation of or to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than five (5) minutes, except that this provision shall not apply to trains or cars in motion other than those engaged in switching.  This section shall not apply in case of engine failure or train accidents within the city limits.  (Prior Code, Title 40)

 

SECTION 15-540       PRIVATE SERVICE DRIVES.

 

No vehicle or animal shall be driven through any private service driveway or private service area except for the purpose of obtaining service or merchandise.  (Prior Code, Title 40)

 

SECTION 15-541       TRUCK DRIVING AND ROUTE RESTRICTIONS.

 

The city council may prescribe routes through the city for the use of trucks in general, trucks of particular kinds or other vehicles which are not ordinary private passenger vehicles, passing through the city.  Appropriate and adequate signs shall be placed along such routes so that drivers of such vehicles may follow the routes.  When such signs are so erected and in place, the driver of a truck or other vehicle for which a route has been prescribed, as provided above, while passing through the city, shall keep on such route and shall not deviate there from except in case of emergency.  Drivers of such vehicles shall follow such routes so far as practicable also when driving within the city and not merely through the city.  (Prior Code, Title 40)

           

SECTION 15-542       LOADS ON VEHICLES.

 

A.        No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, blowing or otherwise escaping there from, except that sand may be dropped from the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining the roadway.

 

B.         No person shall operate on any highway any vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.  Any vehicle loaded with sand, cinders, or other loose material susceptible to blowing or escaping by reason of wind shall have the load covered or dampened so as to prevent the blowing or escaping of the load from the vehicle.  (Prior Code, Title 40)

 

SECTION 15-543       VEHICLE APPROACHING OR ENTERING INTERSECTION.

 

A.        When two (2) vehicles enter or approach an uncontrolled intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right as otherwise stated in this chapter; however, the driver of vehicle on a street which is not a state or federal highway approaching an intersection with a state or federal highway shall stop and yield the right-of-way to a vehicle which has entered the intersection or which is so close thereto as to constitute an immediate hazard.

 

B.         The right-of-way rule declared in Subsection A of this section is modified as through highways as otherwise stated in this chapter. (Prior Code, Title 40)

 

SECTION 15-544       VEHICLE TURNING LEFT AT INTERSECTION.

 

The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.  After so yielding and having given signal when and as required by this cod, the driver may make the left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn. (Prior Code, Title 40) 

 

SECTION 15-545       VEHICLE APPROACHING A "YIELD RIGHT OF WAY" SIGN.

 

The driver of a vehicle approaching a "Yield Right-of-Way" sign shall slow to a reasonable speed for existing conditions of traffic and visibility, yielding the right-of-way to all vehicles on the intersection street or highway which have entered the intersection or which are so close as to constitute an immediate hazard. (Prior Code, Title 40)

 

State Law Reference:  Similar provisions, 47 O.S. Section 11-403.

 

SECTION 15-546       VEHICLE ENTERING THROUGH HIGHWAY.

 

Except when directed to proceed by a police officer or a traffic control signal, every driver of a vehicle shall stop as required by this code at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered toe intersection from the through highway, or which are approaching so closely on the through highway as to constitute an immediate hazard.  (Prior Code, Title 40)

 

SECTION 15-547       VEHICLES FACING STOP, SLOW, WARNING OR CAUTION SIGNAL.

 

If two (2) or more vehicles face stop, slow, warning or caution sighs or signals at the intersection and are approaching as to enter the intersection at the same time, the following rules shall apply:  If each vehicle is required to stop, the vehicle coming from the right shall have the right-of-way.  If each vehicle is required to slow, the vehicle coming from the right shall have the right-of-way.  If each vehicle is required to slow, the vehicle coming form the right shall have the right-of-way.  If each vehicle is required to take caution, the one required to take caution shall have the right-of-way.  In any event, a vehicle which has already entered the intersection shall have the right-of-way over one which has not entered the intersection. (Prior Code, Title 40)

 

SECTION 15-548       THROUGH STREETS.

 

A.        The city council may designate any street or part of a street a through street.

 

B.         Whenever the city council designates and describes a through street, the stop sign, or yield sign if deemed more appropriate, shall be placed and maintained on every street intersection a through street, or intersection that portion thereof, unless traffic as such intersection is controlled at all time by traffic control signals.

 

SECTION 15-549       INTERSECTIONS WHERE STOP OR YIELD REQUIRED.

 

The city manager, subject to any directions given by the council by motion or resolution, is hereby authorized to determine and designate intersections upon other than through streets where particular hazards exist and to determine whether:

 

1.         Vehicles shall stop at one or more entrances to any such stop intersection, in which event it shall cause to be erected a stop sign at every such place a stop is required; or

 

2.         Vehicles shall yield the right-of-way to vehicle on a different street as provided in this part in which event it shall cause to be erected a yield sign at every place where yield is required.

 

SECTION 15-550       STOP OR YIELD SIGN CONSTRUCTION AND PLACEMENT.

 

Every stop or yield sign erected pursuant to this chapter shall bear the word "Stop or Yield" in letters not less than eight (8) inches in height for a stop sign and not less than seven (7) inches in height for a yield sign.  Every stop or yield sigh shall at night be rendered luminous by steady or flashing internal illumination, by a fixed floodlight projected on the face of the sigh, or by efficient reflection elements on the face of the sign.  Every stop or yield sign shall be located as close as practicable to the nearest line of the crosswalk on the near side of the intersection or if there is no crosswalk, then the sing shall be located at the nearest line of the intersecting roadway.  (Prior Code, Title 40)

 

SECTION 15-551       VEHICLE ENTERING STOP INTERSECTION.

 

Except where directed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection, indicated by a stop sign, shall stop before entering the crosswalk on the near side of the intersection.  In the event there is no crosswalk, the driver shall stop at a clearly marked stop line before entering the intersection.  If there is no marked stop line, then the driver shall stop at the point nearest the intersecting road where the driver has a view of approaching traffic on an intersection roadway before entering the intersection.  A driver after having stopped another highway or road, or which is approaching so close as to constitute immediate hazard; by the driver having so yielded may then proceed and the drover of all other vehicles approaching the intersection shall yield the right-of-way to the vehicle so proceeding.  (Prior Code, Title 40)

 

SECTION 15-552       VEHICLE ENTERING YIELD INTERSECTION.

 

The driver of a vehicle approaching a yield sign shall, in observance to such sigh, slow down to a speed reasonable for the existing condition or shall stop in necessary and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he is driving and to any vehicle in the intersection or approaching on another road so closely as to constitute an immediate hazard.  The driver having so yielded may then proceed and drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding.  A driver who enters a yield intersection without stopping and has or causes a collision with a pedestrian at a crosswalk or a vehicle in the intersection shall prima facie be considered not to have yielded as required herein.  The provisions of this section shall not release the drivers of other vehicles approaching the intersection at such a distance as not to constitute immediate hazard from the duty to drive with due care to avoid a collision.  The diver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection before entering the intersection; if there is no crosswalk, the driver shall stop at a clearly marked stop line, or it there is not stop line, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.  (Prior Code, Title 40)

 

SECTION 15-553       VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY.

 

The driver of a vehicle about to enter, leave or cross a highway from or into a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway. (Prior Code, Title 40)

 

State Law Reference:  Similar provisions, 47 O.S. Section 11-404.

 

SECTION 15-554       VEHICLES ENTERING TRAFFIC FROM PARKING.

 

Any vehicle attempting to re-enter traffic while parked at the cub shall yield the right-of-way to oncoming traffic in the street approaching from the rear.  The parked vehicle shall proceed into the line of traffic only after the driver has given the appropriate signal which indicates his intention of turning form the cub and into the line of traffic.  The vehicle shall in no event enter the line of traffic until the driver has ascertained that no hazard exists.  (Prior Code, Title 40)

 

SECTION 15-555       EMERGING FROM THE ALLEY, DRIVEWAY, OR BUILDING.

 

The driver of a vehicle emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alley way or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway. (Prior Code, Title 40) 

             

SECTION 15-556       STOP WHEN TRAFFIC OBSTRUCTED.

 

No driver shall enter an intersection or a marked cross walk unless there is sufficient space on the other side of the intersection or cross walk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, not withstanding any traffic-control signal indication to proceed.  (Prior Code, Title 40)

 

SECTION 15-557       OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN.

 

A.        Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he can do so safely.  The foregoing requirements shall apply when:

 

1.         A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

 

2.         A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;

 

3.         A railroad train approaching within approximately one thousand five hundred (1,500) feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or

 

4.         An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

 

B.         No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. (Prior Code, Title 40)

 

SECTION 15-558       CERTAIN VEHICLES TO STOP AT ALL RAILROADS GRADE CROSSINGS.

 

A.        The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and while so stopped, shall listen and look in both directions along such track for any approaching train and for signals indication the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely.  After stopping as required herein and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.

 

B.         No stop need be made at any such crossing where a police officer or traffic-control signal directs traffic to proceed. (Prior Code, Title 40)

 

SECTION 15-559       COMMERCIAL VEHICLES NOT TO USE CERTAIN STREETS:

 

A.        No person shall operate a vehicle that is required by law to have a commercial tag exceeding a two and one-half (2 1/2) ton rated capacity by the manufacturer at any time upon any streets in the city, except on:

 

1.         Post Road.

 

2.         Midwest Boulevard.

 

            3.         N.E. 36th Street.

 

            4.         N.E. 50th Street.

 

            5.         Spencer Road.

 

            6.         Douglas Boulevard.

 

            7.         N.E. 23rd Street.

 

            8.         N.E. 51st Street between Spencer Road and Palmer.

 

Such vehicle may be operated on other streets not enumerated herein for the purpose of delivering or picking up material or merchandise, and then only by entering such street at the intersection nearest the destination of the vehicle from the streets enumerated herein, and proceed thereon no farther than the nearest intersection thereafter.  (Prior Code, Title 40; amd. Ord. 302-A, 11-08-1990)

 

SECTION 15-560       MANDATORY SEATBELT USE:

                       

A.        Every operator and front seat passenger of a passenger car operated I this city shall wear a properly adjusted and fastened safety belt system required to be installed in the motor vehicle when manufactured pursuant to federal motor vehicle safety standard 208.

 

B.         For the purpose of this section:

 

1.         "Passenger car" shall mean "vehicle" as defied in section 1102 of title 47 of the Oklahoma Statutes and shall not include trucks, truck-tractors, recreational vehicles, motorcycles, motorized bicycles or vehicles used primarily for farm use and licensed pursuant to the provisions of section 1134 of title 47 of the Oklahoma Statutes.

 

C.        This section shall not apply to an operator or passenger of a passenger car in which the operator or passenger possesses a written verification from a physician licensed in this state that he is unable to wear a safety seat belt system for medical reasons.          

 

D.        This section shall not apply to an operator of a motor vehicle who is a route carrier of the United States postal service.

 

E.         This section shall not apply to any passenger vehicle which was manufactured or assembled before the 1966 models. Unless such vehicle is now equipped with a properly adjusted and fastened safety belt system.  (Ord. 335-4-96, 4-13-1995; amd Ord. 341-5-95, 5-11-1995)

 

F.         A police officer is authorized to stop a vehicle if it appears the driver has violated the provision of this section, and to issue a citation to said driver.

 

G.        Fine and court costs for violating the provisions of this section shall not exceed twenty dollars ($20.00).  (Ord. 371-10-97, 11-13-1997)

 

State Law Reference: 47 O.S. 12-417 et seq.

 

SECTION 15-561:      CHILD PASSENGER RESTRAINT SYSTEM REQUIRED FOR CERTAIN VEHICLES:

 

A.        Every operator of a motor vehicle transporting a child under four (4) years of age in the city shall provide for the protection of the child by properly using a child passenger restraint system or a properly secured seat belt in the rear seat of the vehicle.

 

B.         For the purpose of this section, "child passenger restraint system" means an infant or child passenger system that meets federal standards for crash-tested restraint systems as set forth by the United States department of transportation.

 

C.        Children four (4) or five (5) years of age shall be protected by use of a child passenger restraining system or a set belt.

 

D.        The provisions of this section shall not apply to:

           

1.  Nonresident of this state transporting a child;

           

2.  The driver of a school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts pursuant to state or federal laws;

 

3.  The driver of an ambulance or emergency vehicle;

 

4.  A driver of a vehicle if all the seat belts in the vehicle are in use;

 

5.  The transportation of children who, for medical reasons, are unable to be placed in such devices.

 

E.         A police officer is authorized to stop a vehicle if it appears the driver has violated the provisions of this section and to give an oral warning to the driver.

 

F.         Any person violating this section shall be punished by a fine not to exceed ten dollars ($10.00) and shall pay court costs. (Ord. 336-4-95, 4-13-1995)

 

CHAPTER 4

SPEED REGULATIONS

 

Section 15-401                        Speed limits generally; exceptions.

Section 15-402                        School zones.

Section 15-403                        Speed never to exceed that which is reasonable or prudent for existing conditions; specific limits.

 

Section 15-404                        Minimum speed requirements; exception.

Section 15-405                        Obedience to maximum and minimum speed limits.

 

SECTION 15-401       SPEED LIMITS GENERALLY; EXCEPTIONS.

 

No vehicle shall be driven at a greater speed than twenty-five (25) miles per hour upon any street or highway within the city except:

 

            1.         Emergency vehicle being lawfully driven as provided in this code;

 

            2.         When a different speed limit is otherwise designated and posted; or

 

            3.         When a different speed limit is established in this code.

 

(Prior Code, Title 40; Ord. No 228-A, 4/11/85)

 

State Law Reference:    Basic and minimum speed rules, 47 O.S. Sections 11-801, 11-804.

 

SECTION 15-402       SCHOOL ZONES.

 

No vehicle shall be driven at a greater speed than that posted speed per hour between the hours posted on any street adjacent to any school in a designated school zone on days when school is in session, unless a different speed limit or time is otherwise designated and posted.  (Prior Code, Title 40)

 

State Law Reference:  Local authority to set speed limits, 47 O.S. Sections 15-102, 11-803.

 

SECTION 15-403       SPEED NEVER TO EXCEED THAT WHICH IS REASONABLE OR PRUDENT FOR EXISTING CONDITIONS; SPECIFIC LIMITS.

 

A.        No person shall drive a vehicle at a speed greater or less than is reasonable or prudent under the conditions then existing, taking into consideration among other things, the conditions of the vehicle, the traffic, roadway surface or width, the amount of light or darkness, the presence of pedestrians in or near the roadways, and the obstructions of views.  No person shall drive any vehicle at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead.

 

B.         When no such hazard exists, the following maximum safe speeds shall be lawful, but any speed in excess of the limits shall be unlawful:

 

1.         Fifty-five (55) miles per hour on any five (5) lane US Highway, except where official signs or markings indicate a different speed;

 

2.         Forty-five (45) miles per hour on and four (4) or two (2) lane street, except where official signs or markings indicate a different speed;

 

3.         Forty (40) miles per hour on any two (2) lane street or road, designated a through street except where official signs or markings indicate speed;

 

4.         Thirty-five (35) miles per hour on any two (2) lane street or road, except where official signs or markings indicate a different speed;

 

5.         Twenty-five (25) miles per hour on any street not designated a boulevard or through street and in all school zones, which will be effective to coincide with the commencing and ending of each day's school sessions including summer school; and

 

6.         Fifteen (15) miles pre hour on any alley except where official signs or markings indicate a different speed.

 

C.        Maximum speed limits for highway, streets, roads, and alleys located within the city are established as follows:

 

1.         No vehicles, except emergency vehicles being lawfully driven as provided in this chapter, shall be driven at a speed greater than twenty-five (25) miles per hour upon any street or highway within this city, except when it is declared and determined upon the basis of engineering and traffic investigation conducted by the city manager or his designated representative that certain speed regulations shall be applicable upon specified streets or in certain areas, in which event it shall be unlawful for any person t drive a vehicle at a speed in excess of any speed so declared by proper authority when signs are in place giving notice thereof:

 

2.         In any case where speed limits are established for certain specified streets, locations, areas or zones, or certain classes of traffic at rates either greater or less than those generally provided herein, the same shall be considered and deemed as authorized exceptions to the general speed limits herein provided insofar as rates of speed are affected, and otherwise the general regulations herein set forth shall apply.

 

(Prior Code, Title 40; Ord. No. 228-A, 4/11/85; Ord. No. 334-4-95, 4/13/95)

           

Ed. Note:  Ord. No. 228-A amended this sections by providing that speed limits are set after appropriate engineering and traffic studies by the city manager.  This section and Section 15-401 supersede specific ordinances which have established various speed limits on streets.

 

SECTION 15-404       MINIMUM SPEED RQUIREMENTS; EXCEPTION.

 

No vehicle shall be driven at such an unreasonably slow speed in relation to the effective maximum speed allowed as to constitute a hazard or to interfere with the normal movement of other traffic except when the slow speed is unavoidable.  (Prior Code, Title 40)

 

SECTION 15-405       OBEDIENCE TO MAXIMUM AND MINIMUM SPEED LIMIT.

 

Where official signs and markings give notice of both maximum and minimum speed limits in effect on any street, no vehicle shall be driven at rates in excess on the maximum or slower that the minimum except as required by an authorized officer or in obedience to posted official signs.  (Prior Code, Title 40)

 

CHAPTER 5

DRIVING, OVERTAKING, PASSING

 

 

Section 15-501                        Changing lanes.

Section 15-502                        Driving on right side of roadway required; exceptions.

Section 15-503                        When overtaking on the right is permitted.

Section 15-504                        Overtaking a vehicle on the left.

Section 15-505                        Limitations on overtaking on the left; exception.

Section 15-506                        Passing vehicles proceeding in opposite directions.

Section 15-507                        One-way roadways and rotary traffic islands.

Section 15-508                        Following too closely.

Section 15-509                        No passing zones.

Section 15-510                        Driving through funeral or other procession prohibited; exceptions.

Section 15-511                        Drivers in a procession.

Section 15-512                        Funeral processions to be identified.

Section 15-513                        Overtaking and passing in school zones.

Section 15-514                        Overtaking and passing school bus.

Section 15-515                        School bus requirements; lights; signs; painting.

Section 15-516                        Driving of vehicle on sidewalk prohibited; exceptions.

Section 15-517                        Limitations on backing vehicle.

Section 15-518                        Limitation on use of motorcycles, bicycles and motor scooters.

Section 15-519                        Required motorcycle equipment, headgear.

Section 15-520                        Special speed limitation on motorcycles and motor scooters.

Section 15-521                        Clinging to vehicle prohibited.

Section 15-522                        Entering and leaving controlled access highways.

Section 15-523                        Reckless driving.

Section 15-524                        Careless or negligent driving, stopping, or parking.

Section 15-525                        Full time and attention required.

Section 15-526                        Requirement of any person driving a vehicle on a public way to operate same in a careful and prudent manner.

Section 15-527                        Driving while under the influence of drugs.

Section 15-528                        Driving while under the influence of alcohol.

Section 15-529                        Transporting of non-intoxicating beverages except in original un-opened container prohibited; exception.

Section 15-530                        Attention to driving required.

Section 15-531                        Speed contest prohibited.

Section 15-532                        Permits required for parades and processions.

Section 15-533                        Driving through safety zone.

Section 15-534                        Starting parked vehicle.

Section 15-535                        Opening and closing vehicle doors.

Section 15-536                        Obstructions of driver's view or driving mechanism.

Section 15-537                        Boarding or alighting from vehicles.

Section 15-538                        Unlawful riding.

Section 15-539                        Railroad trains not to block streets.

Section 15-540                        Private service drives.

Section 15-541                        Truck driving and route restrictions.

Section 15-542                        Loads on vehicles.

Section 15-543                        Vehicle approaching or entering intersection.

Section 15-544                        Vehicle turning left at intersection.

Section 15-545                        Vehicle approaching a "Yield Right-of-Way" sign.

Section 15-546                        Vehicle entering through highway.

Section 15-547                        Vehicles facing stop, slow, warning or caution signal.

Section 15-548                        Through streets.

Section 15-549                        Intersections where stop or yield required.

Section 15-550                        Stop or yield sign construction and placement.

Section 15-551                        Vehicle entering stop intersection.

Section 15-552                        Vehicle entering yield intersection.

Section 15-553                        Vehicle entering highway from private road or driveway.

Section 15-554                        Vehicles entering traffic from parking.

Section 15-555                        Emerging from the alley, driveway, or building.

Section 15-556                        Stop when traffic obstructed.

Section 15-557                        Obedience to signal indicating approach of train.

Section 15-558                        Certain vehicles to stop at all railroad grade crossings.

Section 15-559                        Commercial vehicle not to use certain streets.

Section 15-560                        Mandatory seat belts.

Section 15-561                        Child passenger restraint system required for certain vehicles.

 

SECTION 15-501       CHANGING LANES.

 

A.        Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, in addition to all other rules consistent with this subsection, a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety and has signaled for a change of course.

 

B.         Where streets or roadways do not have marked traffic lanes, vehicles shall nevertheless keep in line or follow a straight course as nearly as practical and shall not weave in and out or turn from side to side unnecessarily.  Vehicles shall move the to right or left only as necessary in slowing or stopping adjacent to the curb, in passing slow moving vehicles or making a proper approach for a turn, and this only after the driver has first ascertained that such movement can be made safely and has signaled fro a change or course.

 

C.        Upon a roadway which has been divided into three (3) lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.

 

D.        Official signs may be erected direction slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway.  Drivers of vehicles shall obey the directions of every such sign.

 

SECTION 15-502       DRIVING ON RIGHT SIDE OF ROADWAY REQURED; EXCEPTIONS

 

A.        Upon all roadways of sufficient width a vehicle shall be driven to the right of the center of the roadway, except as follows:

 

1.         When overtaking and passing another vehicle proceeding in the some direction under the rules governing such movement;

 

2.         When the right half of a roadway is closed to traffic while under construction or repair;

           

3.         Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; and

           

4.         Upon a roadway designated and signposted for one-way traffic.

 

B.         All vehicles shall keep to the right roadway on all streets or highways which are divided into two (2) roadways.

 

C.        Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the some direction or when preparing for a left turn at an intersection or into a private road or driveway.

 

State Law Reference:  Similar provisions, 47 O.S. Section 11-301.

 

SECTION 15-503       WHEN OVERTAKING ON THE RIGHT IS PERMITTED.

 

A.        The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

 

           

1.         When the vehicle overtaken is making or about to make a left turn;

 

2.         Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving vehicles in each direction; or

 

3.         Upon a one-way street or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles.

 

B.         The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.  In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway. (Prior Code, Title 40)

 

SECTION 15-504       OVERTAKING A VEHICLE ON THE LEFT.

 

A.        The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the street or roadway until safely clear of the overtaken vehicle.

 

B.         Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. (Prior Code, Title 40) 

 

SECTION 15-505       LIMITATIONS ON OVERTAKING ON THE LEFT; EXCEPTION.

 

clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the completion of the overtaking and passing without interfering with the safe operation of any vehicle

approaching from the opposite direction or any vehicle overtaken.  In every instance the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction.

 

B.         No vehicle at any time shall be driven to the left side of the roadway under the following conditions:

 

1.         When approaching the crest of a grade, or upon a curve in the street or highway where the driver's view along the street or highway is obstructed; or

 

2.         When approaching within one hundred (100) feet of any bridge, viaduct or tunnel or when approaching within fifty (50) feet of or traversing any intersection or railroad grade crossing.

 

SECTION 15-506       PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS.

 

            Drivers of vehicles proceeding in opposite directions shall pass each other to the right.  Upon roadways having a width for not more than one line of traffic in each direction each driver shall give to the other at least one-half (1/2) the main-traveled portion of the roadway as nearly as possible.  (Prior Code, Title 40)

 

SECTION 15-507       ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS.

 

A.        City personnel, subject to any directions given by the council by motion or resolution, may designate any road, street, alley, or highway, or any separate roadway under their jurisdiction for one-way and shall cause appropriate signs giving notice thereof, to be erected.

 

B.         Whenever the city manager designates any street or alley or part thereof as a one-way street or alley, the city manager shall have placed and maintained signs giving notice thereof; and no such regulation shall be effective unless such signs are in place.  Signs indication the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. 

 

C.        Upon those streets and parts of streets and in those alleys and parts of alleys so designated as one-way streets and alleys, vehicular traffic shall move only in the direction indicated when signs indication the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.

 

D.        Upon roadways designated and sign posted for one-way traffic a vehicle shall be driven only in the direction designated.

 

E.         A vehicle passing around a rotary traffic island shall be driven only to the rigt of such island. (Prior Code, Title 40)

 

State Law Reference:  Similar provisions, 47 O.S. Section 11-308.

 

SECTION 15-508       FOLLOWING TOO CLOSELY.

 

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.  (Prior Code, Title 40)       

 

TRAFFIC CONTROL DEVICES

 

SECTION:

 

15-601:                        Authority To Install Traffic Control Devices

15-602:                        Traffic Control Devices; Uniform Requirements

15-603:                        Obedience to Official Traffic Control Devices

15-604:                        When Official Traffic Control Devices Required For Enforcement Purposes

15-605:                        Traffic Control Signal Legend

15-606:                        Pedestrians; Signal Indicators; Regulations

15-607:                        Flashing Signals

15-608:                        Pedestrian Activated School Crossing Signals

15-609:                        Unauthorized Traffic Control Devices Prohibited

15-610:                        Defacement Of Traffic Control Devices

15-611:                        Play Streets, Authority To Establish

15-612:                        Play Streets, Restriction On Use

15-613:                        Designation Of Crosswalks And Safety Zones

15-614:                        Traffic Lanes

 

15-601:            AUTHORITY TO INSTALL TRAFFIC CONTROL DEVICES.

 

The city manager or the public works director shall have the authority  to place and maintain traffic control signs, signals, and devices when and as authorized or required under the traffic ordinances of this city to make effective the provisions of such ordinances, and may place and maintain such additional traffic control signs, signals, and devices as they may deem necessary to regulate traffic under the traffic control ordinances of this city or under state law or to guide or warn traffic.  (Ord. 480-10-05, 11-17-05)

 

16-602:            TRAFFIC CONTROL DEVICES; UNIFORM REQUIREMENTS:

 

A.        All traffic control signs, signals, and devices shall conform to the "Manual Of Uniform Traffic Control Devices* approved by the state department of public safety.

 

B.         All signs, signals, and devices required hereunder for a particular purpose shall so far as practicable be uniform as the type and relative location throughout the city.  All traffic control devices erected and not inconsistent with the provisions of state law or this chapter shall be official traffic control devices.  (Prior Code, Title 40)

 

15-603:            OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES:**

 

The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by traffic or police officer, subject to the exemptions granted the driver of an authorized emergency vehicle in this part.  (Prior Code, Title 40) 

 

15-604:            WHEN OFFICIAL TRAFFIC CONTROL DEVICES REQUIRED FOR    ENFORCEMENT PURPOSES:

 

No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.  If a particular section does not state that official traffic control devices are required, such section shall be effective even through no devices are erected or in place.  (Prior Code, Title 40)

 

15-605:                        TRAFFIC CONTROL SIGNAL LEGEND: **

 

A.        The display of signal lights, arrows and words shall be deemed to have the following meanings and requi9reds the appropriate response on the part of vehicular traffic and pedestrians:

 

1.         Green Alone, "Go":

 

__________

* 47 O.S. 11-201.

** 47 O.S. 11-202.

 

a.         Vehicular traffic facing the signal, except when prohibited, may proceed straight through or turn right or left unless an official such at such place prohibits such turn, but any vehicle and any pedestrian lawfully within the intersection or adjacent crosswalk at the time the signal displays green shall have the right of way over such vehicular traffic; and

 

b.         Vehicles facing the signal shall stop before entering the near side crosswalk or at the limit line, if it is marked, unless the vehicle is son near the limit line when the "caution" signal first flashed that a stop cannot be made in safety, in which event vehicles may proceed cautiously through the intersection and clear the same before the "red" signal flashes;

 

2.         Steady Yellow or Amber Alone, "Caution":

 

a.         The showing of such signal color following green shall constitute a warning that the "red" or "stop" signal will be exhibited immediately thereafter; and

 

b.         Vehicles facing the signal shall stop before entering the near side crosswalk or at the limit line, if it is marked, unless the vehicle is so near the limit line when the "caution" signal first flashes that a stop cannot be marked in safety, in which event vehicles may proceed cautiously through the intersection and clear the same before the "red" signal flashes;

 

3.         Red Alone, "Stop":

 

a.         Vehicular traffic facing the signal shall stop before entering the crosswalk and shall remain standing until green or "go" is shown alone.  Except where official signs are erected prohibiting such turns, vehicles in the right traffic lane, after making a full stop as required, may enter the intersection cautiously and make a right turn, but such vehicles shall yield the right of way to any pedestrians or other traffic in the intersection and the turn shall be made so as not to interfere in any way with traffic proceeding on a green signal indication on the cross street; and

 

b.         Pedestrians facing the signal shall not enter or cross the roadway when such movement interferes with traffic proceeding on an green signal indication on the cross street, or when the movement cannot be made in safety.  No pedestrian facing such signal shall enter the roadway until the green or "go" is shown alone unless authorized to do so, by a pedestrian "walk" signal;

 

4.         Steady Red With Green Arrow:

 

a.         Vehicular traffic facing such signal when in the proper traffic lane may cautiously enter the intersection only to make the movement indicated by the arrow, but shall yield the right of way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.  If the movement indicated by the green arrow is a left turn, the turn shall be made only on the red with green arrow signal; and

 

b.         No pedestrian facing such signal shall enter the roadway until the green or "go" is shown alone unless authorized so to do by  a pedestrian "walk" signal; and

 

5.         Green Arrows Alone:  Whenever vehicular traffic movements are controlled by green arrows alone and not displayed with any other signal indication, vehicle facing such signals may make the movements indicated by the green arrows and them movements shall be made only when the green arrows are displayed.

 

15-606:            PEDESTRAINS; SIGNAL INDICATORS; REGULATIONS:

 

A.        Special pedestrian control signals exhibiting the words "walk", "wait" or "don't walk" shall regulate pedestrian movement as follows:

 

1.         "Walk": Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicle; and

 

2.         "Wait" or "Don't Walk":  No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the "walk" signal shall proceed to a sidewalk or safety zone while the "wait" signal is showing.

 

15-607:            FLASHING SIGNALS*:

 

A.        Whenever a flashing red or yellow signal is illuminated, it shall require obedience by vehicular traffic as follows:

 

1.         "Flashing Red":  When a red light is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection and the right to proceed shall be subject to the rules applicable after making a stop at a stop sigh; and

 

2.         "Flashing Yellow":  When a yellow light is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection, or pass such signal only with caution.

 

_____________

*47 O.S. 11-204.

 

B.         This section shall not apply at railroad grade crossings. (Prior Code, Title 40)

 

15-608:            PEDESTRAIN ACTIVIATED SCHOOL CROSSING SIGNALS*:

 

A.        Whenever a pedestrian activated school crossing signal is provided, it requires obedience by vehicular traffic and pedestrians as follows:

 

1.         "FLASHING YELLOW"

 

a.         When a yellow lens is illuminated with rapid intermittent flashes, drivers or operators of vehicles may proceed through the intersection or pas such signal only with caution; and

 

b.         Pedestrians shall not proceed in conflict with traffic, but may activate the signal control switch, and shall wait until steady red alone is shown before entering the roadway or intersection controlled by the signal;

 

2.         "Steady Yellow Alone":

 

a.  Vehicular traffic facing the signal is thereby warned that the red or "stop" signal will be exhibited immediately thereafter, and such vehicular traffic shall not enter or be crossing the intersection or pass the signal when the red or "stop" signal is exhibited; and

 

b.  No pedestrian shall enter the roadway or intersection on which the signal controls vehicular traffic until steady red alone is shown;

 

3.         "Steady Red"'

 

a.  Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection, and shall remain standing until flashing yellow is shown alone;

 

b.  Pedestrians may proceed across the road controlled by the signal, and shall be given the right of way by the drivers of all vehicles; and

 

____________________

*47 OS 11-203

 

4.         "Steady Red and Steady Yellow Combined":

 

a.  Vehicular traffic facing the signal is thereby warned that the flashing yellow signal will be exhibited immediately thereafter, and that such vehicular traffic shall remain standing until the flashing yellow is shown alone; and

 

b. Pedestrians are thereby warned that the flashing yellow signal is about to be shown, and shall not enter the signal controlled roadway or intersection, or in a direction which conflicts with the movement of vehicular traffic; but any pedestrian who has partially completed his crossing shall proceed to the nearest sidewalk or safety island, and shall be given the right of way by the drivers of all vehicles.  (Prior Code, Title 40)

 

15-609:            UNAUTHORIZED TRAFFIC CONTROL DEVICES PROHIBITED*:

 

A.        No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal.

 

B.         No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign, signal, or device bearing thereon any commercial advertising.

 

C.        This section shall not prohibit the erection upon private property adjacent to highways of signs giving useful directional information which are of a type that cannot be mistaken for official signs.

 

D.        Every prohibited sign, signal, marking or device may be removed without notice.  (Prior Code, Title 40)

 *47 OS 11-206

 

15-610:            DEFACEMENT OF TRAFFIC CONTROL DEVICES*:

 

A.        No person shall without lawful authority attempt to or in fact alter, destroy, deface, molest, interfere, tamper, injure, knock down, remove or have in his possession any traffic control device or any railroad sign or signal or an inscription, shield or insignia thereon, or any part thereof.

 

B.         This chapter shall not apply to any of the following persons when acting within the scope and duty of their employment:

 

1.  Any officer, agent, independent contractor, employee, servant or trustee of any of any governmental agency; or

 

2.  Any officer, agent, independent contractor, employee, servant or trustee of any contractor, public utility or railroad company.  (Prior Code, Title 40)

 

15-611:            PLAY STREETS, AUTHORITY TO ESTABLISH:

 

City personnel, subject to any directions given by the council, shall have authority to declare any street or part thereof a play street and to have placed appropriate signs or devices in the roadway indication and helping to protect the same.  (Prior Code, Title 40)

 

15-612:            PLAY STREETS, RESTRICTION ON USE:

 

Whenever authorized signs are erected indication any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and          then any such driver shall exercise the greatest care in driving upon any such street or     portion thereof.  (Prior Code, Title 40)

 

15-613:            DESIGNATION OF CROSSWALKS AND SAFETY ZONES:

                       

A.        City personnel, subject to any directions given by the council, may:

 

_____________________

 

*47 OS 11-207.

 

1.  Designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks and intersections where in their opinion there is particular danger to pedestrians crossing the roadway, and at such other places as they may deem necessary; and

 

2.  Establish safety zones or islands of such kind and character and at such places as they           may deem necessary for the protection of pedestrians.  (Prior Code, Title 40)

 

15-614:            TRAFFIC LANES*:

 

A.        City personnel, subject to any directions given by the council, may be authorized to have traffic lanes marked upon the roadway of any street where a regular alignment of traffic is necessary.

 

B.         Where such traffic lanes have been marked, it is unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement or otherwise authorized by ordinance.  (Prior Code, Title 40)

 

___________________________

47 OS 11-309

 

Section 15-701                        Illegal parking declared public nuisance.

Section 15-702                        Application of standing or parking regulations.

Section 15-703                        Parking time limits may be established, sighs.

Section 15-704                        Parking more than 48 hours.

Section 15-705                        Brakes; motor not to be left running.

Section 15-706                        Signs or markings indicating angle parking.

Section 15-707                        Obedience to angle-parking signs or markings.

Section 15-708                        Parking in spaces marked off.

Section 15-709                        Permits for loading or unloading at an angle to the curb.

Section 15-710                        Hazardous or congested places; stopping, standing, parking.

Section 15-711                        Stopping, standing or parking prohibited in specified places.

Section 15-712                        Blocking of intersection or crosswalk prohibited.

Section 15-713                        Standing or parking on one-way roadway.

Section 15-714                        Standing or parking on left side of one-way streets.

Section 15-715                        Parking adjacent to schools.

Section 15-716                        Parking prohibited at intersections.

Section 15-717                        Parking in alleys, blocking driveways.

Section 15-718                        Entry o private property; trespass; evidence; burden of proof.

Section 15-719                        Truck parking prohibited.

Section 15-720                        Double parking.

Section 15-721                        Parking prohibited for trucks transporting hazardous materials.

Section 15-722                        Parking for certain purposes prohibited.

Section 15-723                        Method of parking, standing or parking close to curb.

Section 15-724                        Negligent parking.

Section 15-725                        Right-of-way to parallel parking space.

Section 15-726                        Handicapped parking, enforcement on public or private property.

 

SECTION 15-701       ILLEGAL PARKING DECLARED PUBLIC NUISANCE.

 

Any vehicle in violation of any regulation contained in this chapter governing, limiting or prohibiting the parking or standing of a vehicle on any street or public thoroughfare is hereby declared to constitute a public nuisance, and each separate traffic citation issued as authorized herein for such violation shall constitute a separate notice thereof to the owner or operator of such vehicle.  (Prior Code, Title 40)

 

SECTION 15-702       APPLICATION OF STANDING OR PARKING REGULATIONS.

 

The provisions of this chapter shall not be applicable when it is necessary for a vehicle to stop to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.  (Prior Code, Title 40)

 

SECTION 15-703       PARKING TIME LIMITS MAY BE ESTABLISHED, SIGHS.

 

City personnel, subject to any directions given by the council by motion or resolution, may establish parking time limits or prohibit parking on designated streets or parts of streets and have appropriate signs placed on the streets.  When the signs are in place, it is unlawful for any person to park a vehicle in violation of the sign.  No such time limits shall be effective unless a sign is erected and in place at the time of the alleged violation.  (Prior Code, Title 40)

 

SECTION 15-704       PARKING MORE THAN 48 HOURS.

 

No person shall park a vehicle o any street for a period of time longer than forty-eight (48) hours.  The parking of a vehicle for more than forty-eight (48) hours or longer shall constitute prima facie evidence of abandonment of the vehicle.  (Prior Code, Title 40)

 

SECTION 15-705       BRAKES; MOTOR NOT TO BE LEFT RUNNING.

 

Adequate brakes shall be set on all parked vehicles.  No driver of a motor vehicle shall leave the vehicle with the motor running while parked.  (Prior Code, Title 40)

 

SECTION 15-706       SIGNS OR MARKINGS INDICATING ANGLE PARKING.

 

The city manager, subject to any directions given by the city council by motion or resolution, shall determine upon what streets and parts of street angle parking shall be permitted, and shall have such streets marked or signed.  (Prior Code, Title 40)

 

SECTION 15-707       OBEDIENCE TO ANGLE-PARKING SIGNS OR MARKINGS.

 

On those streets which nave been so signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.  (Prior Code, Title 40)

 

SECTION 15-708       PARKING IN SPACES MARKED OFF.

 

In an area where parking spaces have been marked off on the surface of the street, a driver parking a vehicle shall park it within a parking space as thus marked off, and not on or over a line delimiting a space.  (Prior Code, Title 40)

 

SECTION 15-709       PERMITS FOR LOADING OR UNLOADING AT AN ANGLE TO THE CURB.

 

A.        City personnel are authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit.  Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein.  The city's manager may revoke such permits as any time.          

 

B.         It is unlawful for any permit-tee or other person to violate any of the special terms or conditions of any such permit.  (Prior Code, Title 40)  

 

SECTION 15-710       HAZARDOUS OR CONGESTED PALCES; STOPPING,                                        STANDING, PARKING.

 

A.        City personnel are hereby authorized to determine and regulate by proper signs the stopping, standing, or parking of vehicles when such stopping, standing or parking would create an especially hazardous condition or would cause unusual delay to traffic.

 

B.         When official signs are erected at hazardous or congested places, as authorized in Subsection A of this section, no person shall violate such signs.  (Prior Code, Title 40)

 

SECTION 15-711       STOPPING, STANDING OR PARKING PROHIBITED IN                                     SPECIFIED PLACES.

 

A.        No person shall stop, stand, or park a vehicle, except in emergencies or when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control officer or traffic control device in any of the following places:

 

1.         On a sidewalk, sidewalk area, or between the sidewalk and the street;

 

2.         In front of a public or private driveway;

 

3.         Within an intersection;

 

4.         Within fifteen (15) feet of a fire hydrant except in a parking space officially marked;

 

5.         On a crosswalk;

 

6.         Within twenty (20) feet of a crosswalk at an intersection;

 

7.         Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway;

 

8.         Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length has been indicated by signs or markings;

 

9.         Within fifty (50) feet of the nearest rail or a railroad crossing;

 

10.       Within twenty (20) feet of the driveway entrance to any fire station, and on the side of street opposite the entrance to any fire station within seventy-five (75) feet of the entrance when properly signposted;

 

11.       Alongside or opposite any street excavation or construction when stopping, standing, or parking would obstruct traffic;

 

12.       On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

 

13.       Upon any bridge or other elevated structure upon a highway or within a highway tunnel; or

 

14.       At any place where official signs prohibit stopping.

 

B.         No person shall move a vehicle not lawfully under his control into any prohibited area or an unlawful distance away from a curb. (Prior Code, Title 40)

 

State Law Reference:  Similar provisions, 47 OS Section 11-1003.

 

SECTION 15-712       BLOCKING OF INTERSECTION OR CROSSWALK                                            PROHIBITED.

 

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. (Prior Code, Title 40)

 

SECTION 15-713       STANDING OR PARKING ON ONE-WAY ROADWAY.

 

A.        If a highway includes two (2) or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of the one-way roadway unless signs are erected to permit such standing or parking.

 

B.         The city council may determine when standing or parking may be permitted upon the left-hand side of the one-way roadway unless signs are erected to permit such standing or parking.

 

SECTION 15-714       STANDING OR PARKING ON LEFT SIDE OF ONE-WAY STREETS.

 

City personnel may have signs erected upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles.  When the signs are in place, no person shall stand or park a vehicle in violation of any such signs. (Prior Code, Title 40)

 

SECTION 15-715       PARKING ADJACENT TO SCHOOLS.

 

A.        City personnel may have signs erected indicating on parking upon either or both sides of any street adjacent to any school property when such parking would, in their opinion, interfere with traffic or create a hazardous situation.

 

B.         No person shall park a vehicle in violation of any such signs.  (Prior Code, Title 40)

 

SECTION 15-716       PARKING PROHIBITED AT INTERSECTIONS.

 

The parking of vehicles at the curb where streets intersect shall be prohibited fifteen (15) feet in advance of the crosswalk on the near side of such intersection.  (Prior Code, Title 40)

 

SECTION 15-717       PARKING IN ALLEYS, BLOCKING DRIVEWAYS.

 

No person shall park a vehicle within a street or alley in such a manner or under such conditions as to leave available less than twenty (20) feet of the width of the roadway for the free movement of vehicular traffic.  No person shall stop, stand or park a vehicle within a street or alley in such position as to block a driveway entrance to any abutting property.  (Prior Code, Title 40)

 

SECTION 15-718       ENTRY ON PRIVATE PROPERTY; TRESPASS; EVIDENCE;                                BURDEN OF PROOF.

 

A.        No person shall make an entry with any vehicle upon real property owned or legally occupied by another without the owner's or occupant's consent except where such private property is provided as public parking and the general use of the property is not restricted by signs or proper markings.

 

B.         Where entry is made upon real property owned or legally occupied by another without the owner's or occupant's consent, except on unrestricted public parking, and is complained of by the owner or legal occupant of the premises, the burden is put upon the person making the entry to show that permission for such entry was given. (Prior Code, Title 40)

 

SECTION 15-719       TRUCK PARKING PROHIBITED.

 

A.        It is unlawful and an offense for any person, firm or corporation to park any of the following vehicles which exceed a weight limit of two and one-half (2 1/2) tons on any street or alley in the city except as provided in Subsection B of this section:

 

            1.         Truck;

 

            2.         Bus;

 

            3.         Tractor;

 

            4.         Trailer, or

 

            5.         Truck-trailer, semi-trailer, or combination of any of the above; or

           

            6.         Any other commercial vehicle.

 

B.         The vehicles listed in Subsection A of this section may be parked entirely on private property so long as they are in accordance with Section 15-559 which states that no person shall operate a vehicle that is required by law to have a commercial tag upon exceeding a two and one-half (2 1/2) ton rated capacity by the manufacturer at any time upon any streets in the city, except on:

 

            1.         Post Road;

 

            2.         Midwest Boulevard;

 

            3.         N.E. 36th Street;

 

            4.         N.E. 50th Street;

 

            5.         Spencer Road;

 

            6.         Douglas Boulevard;

 

            7.         N.E. 23rd Street; and

 

            8.         N.E. 51st Street between Spencer Road and Palmer.

 

            (Prior Code, Title 40; Ord. No. 302-A, 11/08/90)

 

SECTION 15-720       DOUBLE PARKING.

 

A.        No driver shall double park or double stop a vehicle under the following conditions:

 

1.         Within fifty (50) feet of an intersection except alley intersections, or within ten (10) feet of an alley intersection;

 

2.         Opposite a double parked or double stopped vehicle across the street;

 

3.         When such double parking or double stopping would or does block or interfere materially with the normal movement of traffic;

 

4.         When parking space adjacent to the curb is available;

 

5.         When directed by a police officer to move on; or

           

6.         In any position other than parallel to the curb and within two (2) feet of the adjacent vehicle parked next to the curb.

 

B.         A driver may double park or double stop a vehicle only as authorized in this section.  There must be a licensed driver in any vehicle while it is double parked or double stopped.

 

C.        A driver may double stop for the purpose of, but only while actually engaged in, the expeditious loading or unloading of passengers, subject, however, to all the general conditions hereinabove set out.

 

D.        A driver may double park for the purpose of , but only while actually engaged in, the expeditious loading or unloading of merchandise, subject, however, to all the general conditions hereinabove set out.  No such vehicle shall be double parked longer than ten (10) minutes.  (Prior Code, Title 40)

 

SECTION 15-721       PARKING PROHIBITED FOR TRUCKS TRANSPORTING                                   HAZARDOUS MATERIALS.

 

It is unlawful to park, store or otherwise let stand a truck or other vehicle which is used for the purpose of transporting or delivering flammable and combustible liquids as defined by the Fire Prevention Code of the American Insurance Association and trucks or other vehicles which are used for the transportation and delivery of liquefied petroleum gases in any area with in the city,  However, the trucks and vehicles restricted in this section may be temporarily be parked at locations otherwise zoned for the purpose of loading and unloading flammable and combustible liquids and liquefied petroleum gases for a period not to exceed one and one-half (1 1/2) hours during any twenty-four (24) hour period.  (Prior Code, Title 40)

 

SECTION 15-722       PARKING FOR CERTAIN PURPOSES PROHIBITED.

 

No person shall park a vehicle upon any roadway for the purpose of:

 

            1.         Displaying the vehicle for sale;

 

            2.         Displaying advertising or displaying merchandise or other things for sale or selling merchandise or other things; or

 

            3.         Washing, cleaning, or repairing the vehicle, except for repairs necessitated by an emergency.

 

            (Prior Code, Title 40)

 

 

SECTION 15-723       METHOD OF PARKING, STANDING OR PARKING CLOSE TO CURB.

 

Except as otherwise provided in this chapter, every vehicle stopped or parked upon a roadway where there are adjacent curbs, shall be so stopped or parked with the right-hand wheels of the vehicle parallel to and within eighteen (18) inches of the right-hand curb.  Any vehicle stopped or parked upon the left-side of a one-way street where there are adjacent curbs shall be parked or stopped with the left-hand wheels parallel to and within eighteen (18) inches of the left-hand curb.  (Prior Code, Title 40)

 

State Law Reference:  Parking rules, 47 O.S. Section 11-1004.

 

SECTION 15-724       NEGLIGENT PARKING.

 

No person shall park, cause to be parked, stop or leave unattended any vehicle as follows:

 

1.         In a careless or negligent manner;

 

2.         In such a manner as to endanger live, limb, person, or property; or

                       

3.         In such manner as to endanger or interfere with the lawful traffic or use of streets.

            (Prior Code, Title 40)

 

SECTION 15-725       RIGHT-0F-WAY TO PARALLEL PARKING SPACE.

 

A.        The driver of any vehicle intending to occupy a parallel parking space where a backing movement is necessary and which is being vacated by another vehicle shall stop his vehicle to the rear of the parking space until the vacation vehicle has cleared and entered normal traffic.  He then shall be deemed to have the right-of-way to such parking space over any other vehicle attempting to park therein.        

 

B.         The first of two (2) or more vehicles to reach the rear boundary of an unoccupied parallel parking space where a backing movement is necessary to occupy, shall be deemed to have the right-of-way to such parking space over any other vehicle attempting to park therein.

 

SECTION 15-726       HANDICAPPED PARKING, ENFORCEMENT ON PUBLIC OR PRIVATE PROPERTY.

 

A.        It is unlawful for any person to place or park a motor vehicle in any parking space on private property accessible to the public and where the public invited or public property that is designated and posted as a reserved area for parking of motor vehicle of a physically disabled person unless such person has a physical disability insignia as under the provisions of Section 15-112 of Title 47 of the Oklahoma Statutes or regulations adopted pursuant thereto.

 

B.         Any person who shall violate any of the provisions of this section shall be guilty of any offense and upon conviction thereof shall be punishable by a fine as provided in Section 1-108 of this code.  (Ord. No. 592, 10/25/82)

           

State Law Reference:  Handicapped insignia, application and display on vehicles, 47 O.S. Section 15-112.

 

CHAPTER 8

 

Section 15-801                                    Definitions.

Section 15-802                                    Curb loading zones, designation.

Section 15-803                                    Loading zones to be used only for designated purpose.

Section 15-804                                    Stopping, standing or parking in passenger curb loading zone.

Section 15-805                                    Stopping, standing or parking in freight curb loading zone.

Section 15-806                                    Designation of public carrier stops and stands.

Section 15-807                                    Use of bus and taxicab stands restricted.

Section 15-808                                    Stopping, standing and parking of buses and taxis.

SECTION 15-801                   DEFINITIONS.

 

As used in this chapter:

 

1.         "Freight loading zones" means all curb loading zones authorized and regularly used exclusively for the loading and unloading of merchandise for storage, trade, shipment or re-sale;

 

2.         "Commercial vehicle" means:

                       

a.  A truck designated for delivery purposes with the mane of the owner or his business painted on both sides of the vehicle, regularly used during normal business hours for the delivery and handling of merchandise or freight and which bears a regular sate commercial license tag; and

 

b.         A passenger vehicle used regularly and actually engaged during normal business hours in the delivery and handling of merchandise or freight, and       which bears a special numbered license plate issued by the city at the rear of the vehicle attached to the state license plate together with an identically numbered decal, issued vehicle; and

 

3.         "Passenger loading zones" means all loading zones authorized and used regularly and exclusively for the loading and unloading of passengers except bus stops, taxicab stands, and stands for other passenger common carrier vehicles.

(Prior Code, Title 40)

 

SECTION 15-802       CURB LOADING ZONES, DESIGNATION.

 

A.        City personnel, subject to any directions given by the council by motion or resolution, may determine toe locations of passenger and freight curb loading zones and shall have placed and maintained appropriate signs indication the zones and stating the hours during which the provisions of this section are applicable. 

 

B.         No person shall stand or park a vehicle in violation of signs erected I accordance with this section.

 

C.        If any loading zone is established on request of any person, the signs shall not be placed until the applicant pays to the city an amount of money estimated by the city council to be adequate to reimburse the city for all costs of establishing and signing the same. (Prior Code, Title 40)

 

SECTION 15-803       LOADING ZONES TO BE USED ONLY FOR DESIGNATED                                PURPOSE.

 

No curb loading zone authorized and established as a passenger loading zone shall be used as a freight loading zone, and no freight loading zone shall be used as a passenger loading zone except as may be specifically provided by law.  (Prior Code, Title 40)

 

SECTION 15-804       STOPPING, STANDING OR PARKING IN PASSENGER CURB LOADING ZONE.

 

No person shall stop, stand, or park a vehicle in a passenger curb loading zone for any purpose or period of time other than for the expeditious loading or unloading of passengers, during the hours when the regulations applicable to such curb loading zones are effective, and then only for a period not to exceed three (3) minutes.  (Prior Code, Title 40)

 

SECTION 15-805       STOPPING, STANDING OR PARKING IN FREIGHT CURB -                                          LOADING ZONE.

 

A.        No person shall stop, stand, or park a vehicle in a commercial curb loading zone for any purpose or length of time other than for the expeditious unloading and delivery or pickup[p and loading of materials during hours when the provisions applicable to such zones are in effect.  In no case shall the stop for loading and unloading of materials exceed thirty (30) minutes.  Vehicles using any commercial loading zone shall be subject to the licensing requirements and regulations provided by this chapter.

 

B.         The driver of a passenger vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of and while actually engaged in loading or u unloading passengers when such stopping does not interfere with any commercial vehicle which is waiting to enter the zone.  (Prior Code, Title 40)

 

SECTION 15-806       DESIGNATION OF PUBLIC CARRIER STOPS AND STANDS.

 

City personnel may establish loading zones for common carriers, including but not limited to bus stops, bus stands, taxicab stands and stands for other passenger common carrier motor vehicles, on such public streets in such places and in such number as they shall determine to be of the greatest benefit and convenience to the public.  Every such loading zone shall be designated by appropriate signs.  (Prior Code, Title 40)

 

SECTION 15-807       USE OF BUS AND TAXICAB STANDS RESTRICTED.

 

No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and the appropriate signs are in place.  The driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus, or taxicab waiting to enter or about to enter the zone.  (Prior Code, Title 40)

 

SECTION 15-808       STOPPING, STANDING AND PARKING OF BUSES AND                                                          TAXIS.

 

A.        The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein.

 

B.         The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage except in a buys stop, stand or loading zone designated as provided herein, except in case of an emergency.

 

C.        The operator of a bus shall enter a bus stop, bus stand, or passenger loading zone on a public street in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in apposition with the right front wheel of such vehicle not further than eighteen (18) inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.

 

D.        The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein.  This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.  (Prior Code, Title 40)

 

CHAPTER 9

TURNING MOVEMENTS

 

Section 15-901                                    Turning markers or indicators.

Section 15-902                                    Designation of restricted turns.

Section 15-903                                    Obedience to no-turn signs.

Section 15-904                                    U-Turns.

Section 15-905                                    Position and method of turning.

Section 15-906                                    Turning movements and required signals.

Section 15-907                                    Means of giving turn signals.     

Section 15-908                                    Method of giving hand and arm signals.

Section 15-909                                    Turns into or from alleys.

 

SECTION 15-901                   TURNING MARKERS OR INDICATORS.

 

A.        City personnel, subject to any directions given by the council by motion or resolution, are authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections.  The course to be traveled, as so indicated, may conform to or be other than as prescribed by law.

 

B.         When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

 

SECTION 15-902       DESIGNATION OF RESTRICTED TURNS.

 

City personnel are hereby authorized to determine those street intersections at which drivers of vehicles shall not make right, left or U-turns, and shall have proper certain hours of any day and permitted at other hours.  Where turns are restricted during certain hours pursuant to these sections, the same shall be plainly indicated on the sighs, or they may be removed when turns are permitted.  (Prior Code, Title 40)

 

SECTION 15-903       OBEDIENCE TO NO-TURN SIGNS.

 

Whenever authorized signs are erected indication that no right, left or U-turn is permitted, the driver of a vehicle shall not disobey the directions of any such sign. .  (Prior Code, Title 40)

 

SECTION 15-904       U-TURNS.

 

A.        The driver of a vehicle shall not turn the vehicle so as to proceed in the opposite direction upon any street in the city at the following locations:

 

1.         At intersections controlled by traffic control devices or signals unless such turns are specifically authorized;

 

2.         Where a police officer is directing traffic except at the latter's direction; or

 

3.         At any other location where an official "no U-turn" has been placed and is maintained.

 

B.         Manner of making U-turns.  A U-turn may be made only when it can be made in safety and without interfering with other traffic.  No person shall make a U-turn except in the following manner:

 

1.         By approaching the intersection as closely as practical to the right curb or edge of the roadway, the driver giving and continuing to give a signal for a left turn until the turn is completed, proceeding to make the turn across the intersection:

 

2.         In one continuous movement without stopping or backing the vehicle;

 

3.         By yielding the right-of-way at all times to all vehicles until such turn is completed; and

 

4.         Without constituting a hazard to or interfering with any other vehicle.

(Prior Code, Title 40)

           

SECTION 15-905       POSITION AND METHOD OF TURNING.

 

The driver of a vehicle intending to turn at an intersection shall do as follows:

 

1.         Right turns.  Both the approach for a right turn and the execution of a right turn shall be make as close as practicable to the right-hand curb or edge of the roadway;

 

2.         Left turns on two-way roadways.  At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, the approach for a left turn shall be made in that portion of the right half of the street nearest the center thereof by passing to the right of the center where it enters the intersection.  After entering the intersection, the left turn shall be made so as t leave the intersection to the right of the center of the roadway being entered.  Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection; or

 

3.         Left turns, on other than two-way roadways.  At any intersection where traffic is restricted to one direction on one or more of the roadways the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle.  After entering the intersection, the left turn shall be made so as to leave the intersection, as nearby as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon roadway being entered.

 

              (Prior Code, Title 40)

 

State Law Reference:  Similar provisions, 47 O.S. Section 11-601.

 

SECTION 15-906       TURNING MOVEMENTS AND REQUIRED SIGNALS.

 

A.        No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 15-905 of this code, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.  No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.

 

B.         A vehicle shall be equipped with, and the required signal given by, signal lamps or devices when:

 

1.         The body or cab of a vehicle or the load of any vehicle projects twenty-four (24) inches or more to the left of the center of the steering wheel;

 

2.         Under any condition where a hand and arm signal would not be visible both to the front and rear of the vehicle; or

 

3.         the rear limit of the body of a vehicle or the load of any vehicle projects fourteen (14) feet or more beyond the center top of the steering post.  (Prior Code, Title 40)

 

SECTION 15-908       METHOD OF GIVING HAND AND ARM SIGNALS.

 

All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

 

            1.         Let turn - hand and arm extended horizontally;

 

            2.         Right turn - hand and arm extended upward; and

 

            3.         Stop or decrease speed - hand and arm extended downward with palm to the rear.

 

            (Prior Code, Title 40)

 

SECTION 15-909       TURNS INTO OR FROM ALLEYS.

 

A.        No vehicles shall turn left when proceeding into or proceeding out of an alley except when necessary to enter a one-way street, and no vehicle shall cross any street or highway when proceeding into or proceeding out of any alley except as provided in Subsection B of this section.

 

B.         Left turns may be made when proceeding out of any alley if a traffic survey conducted by the traffic engineer shows that such turn may be made safely and official signs are erected authorizing such turns.

 

C.        The foregoing provisions of this section shall not apply to bus terminals used by licensed and authorized bus lines.  (Prior Code, Title 40)

 

CHAPTER 10

PEDESTRAINS

 

Section 15-1001                      Pedestrians subject to traffic control signals.

Section 15-1002                      Pedestrians' right-of-way at crosswalks.

Section 15-1003                      Pedestrians to use right half of crosswalk.

Section 15-1004                      Crossing at right angles.

Section 15-1005                      When pedestrians shall yield.

Section 15-1006                      Pedestrians walking along roadways.

Section 15-1007                      Pedestrians prohibited from soliciting rides, business or donations from vehicle occupants.

Section 15-1008                      Drivers to exercise due care.

Section 15-1009                      Crossing prohibited.

Section 15-1010                      Obedience of pedestrians to railroad signals.

 

SECTION 15-1001     PEDESTRIANS SUBJECT TO TRAFFIC CONTROL SIGNALS.

 

Pedestrians shall be subject to traffic control signals as provided for in this code or ordinances, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this chapter.  (Prior Code, Title 40)

 

State Law Reference:  Pedestrian rights and duties, 47 O.S. Sections 11-501 to 11-507.

 

SECTION 15-1002     PEDESTRIANS' RIGHT-OF-WAY AT CROSSWALKS.

 

A.        When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way slowing down or stopping, if need be, to so yield to a pedestrian crossing the roadway within a crosswalk when:

 

1.         The pedestrian is upon the half of the roadway upon which the vehicle is traveling; or

 

2.         The pedestrian is approaching so closely from the opposite edge of the roadway as to be in danger.

 

The provisions of this subsection are not applicable under conditions where pedestrians are required to yield pursuant to this chapter.

 

B.         No pedestrian shall suddenly leave a curb or other place of safety or walk or run into the path of the vehicle which is so close that it is impossible for the driver to yield.

 

C.        Whenever any vehicle is stopped at a marked crosswalk, or any unmarked crosswalk, or at an intersection to permit a pedestrian to cross a roadway, the driver of any other vehicle approaching from the rear shall not overtake to pass such stopped vehicle.  (Prior Code, Title 40)

 

SECTION 15-1003     PEDESTRIANS TO USE RIGHT HALF OF CROSSWALK.

 

Pedestrians, when crossing the street at a crosswalk, shall move, whenever practicable, upon the right half of the crosswalk.  (Prior Code, Title 40)

 

SECTION 15-1004     CROSSING AT ANGLES.

 

No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb, except in a crosswalk.  (Prior Code, Title 40)

 

SECTION 15-1005     WHEN PEDESTRIANS SHALL YIELD.

 

A.        Every pedestrian crossing a roadway at any point other than within a marked or unmarked crosswalk at any intersection shall yield the right-of-way to all vehicle upon the roadway.

 

B.         Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.

 

C.        The provisions of this section are not applicable where pedestrian crossings are prohibited. (Prior Code, Title 40)

 

SECTION 15-1006     PEDESTRIANS WALKING ALONG ROADWAYS.

 

A.        Where sidewalks are provided, it is unlawful for any pedestrian to walk along and upon an adjacent roadway.

 

B.         The provisions of this section are not applicable where pedestrian crossings are prohibited.  (Prior Code, Title 40)

 

SECTION 15-1007     PEDESTRIANS PROHIBITED FROM SOLICITION RIDES, BUSINESS OR DONATIONS FROMVEHICLE OCCUPANTS.

 

A.        No person shall stand I a roadway for purpose of soliciting a ride, donations, employment or business from the occupant of any vehicle.

 

B.         No person shall:

 

1.         Stand in any street, roadway or park and stop or attempt to stop and engage any person in any vehicle for the purpose of soliciting contributions or the watching or guarding of any vehicle while parked or about to be parked on a street;

 

2.         Sell or attempt to sell anything to any person in any vehicle;

 

3.         Hand or attempt to hand to any person in any vehicle any circular, advertisement,

            hand bill or any political campaign literature, or any sample, souvenir or gift; or

 

4.  In any other manner, while standing in the street or roadway, attempt to interfere with the normal flow of traffic for any other similar purpose.  (Prior Code, Title 40)

 

SECTION 15-1008     DRIVERS TO EXERCISE DUE CARE.

 

Not withstanding the foregoing provisions of this chapter, every driver shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person on the roadway.  (Prior Code, Title 40)

 

SECTION 15-1009 CROSSING PROHIBITED.

 

Between adjacent intersections, at which traffic control signals are I operation, pedestrians shall not cross at any place except in a crosswalk.  Pedestrians shall not cross any divided highway having a median in the center thereof, except in a crosswalk.  (Prior Code, Title 40)

 

SECTION 15-1010     OBEDIENCE OF PEDESTRIANS TO RAILROAD SIGNALS.

 

No person shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed. (Prior Code, Title 40)

 

CHAPTER 11

BICYCLES

 

Section 15-1101                                  Application of bicycle regulations.

Section 15-1102                                  Application of traffic laws to bicycles.

Section 15-1103                                  Obedience to traffic control devices.

Section 15-1104                                  Riding on bicycles.

Section 15-1105                                  Riding on roadways and bicycle paths.

Section 15-1106                                  Speed of bicycle.

Section 15-1107                                  Emerging from alley or driveway.

Section 15-1108                                  Carrying articles.

Section 15-1109                                  Parking.

Section 15-1110                                  Riding on sidewalks.

Section 15-1111                                  Lamps and equipment on bicycles.

 

SECTION 15-1101     APPLICATION OF BICYCLE REGULATIONS.

 

The provisions of this chapter shall apply whenever a bicycle is operated upon any street or upon any public way; or upon any path set aside for the exclusive use of bicycles, subject to those exceptions stated in this chapter.  (Prior Code, Title 40)

 

State Law Reference:  Similar provisions, 47 O.S. Sections 11-1201 et. seq.

 

SECTION 15-1102     APPLICATION OF TRAFFIC LAWS TO BICYCLES.

 

Every person riding a bicycle upon a roadway shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle by the laws of this state and the traffic provisions of this code applicable to the driver of a vehicle, except as to special regulations in this chapter and except as to those provisions of laws and ordinances which by their nature are inapplicable to such persons.  (Prior Code, Title 40)

 

SECTION 15-1103     OBEDIENCE TO TRAFFIC CONTROL DEVICES.

 

A.        Any person operating a bicycle shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles unless otherwise directed by a police officer.

 

B.         Whenever authorized signs are erected indicating no right or left or U-turn is permitted, no person operating a bicycle shall disobey the directions of such sign, except where such person dismounts from the bicycle to make any such turn, in which event, such person shall then obey the regulations applicable to the pedestrians.  (Prior Code, Title 40)     

 

SECTION 15-1104     RIDING ON BICYCLES.

 

A.        No person operating a bicycle shall ride other than astride a permanent and regular seat attached thereto.

 

B.         No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.  (Prior Code, Title 40)

 

SECTION 15-1105     RIDING ON ROADWAYS AND BICYCLE PATHS.

 

A.        Every person operating a bicycle upon a roadway shall ride as near to the right hand side of the roadway as practicable, exercising due care when passing a standing vehicle or a vehicle proceeding in the same direction.

 

SECTION 15-1106     SPEED OF BICYCLE.

 

No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. (Prior Code, Title 40)

 

SECTION 15-1107     EMERGING FROM ALLEY OR DIRVEWAY.

 

The operator of a bicycle emerging from an alley or driveway shall, upon approaching a sidewalk or sidewalk area extending across the alley or driveway, yield the right-of-way to all pedestrians approaching on the sidewalk or sidewalk area.  Upon entering the roadway, the bicycle operator shall yield the right-of-way to all vehicles approaching on the roadways.  (Prior Code, Title 40)

 

SECTION 15-1108     CARRYING ARTICLES.

 

No person operating a bicycle shall carry any package, bundle, or article which prevents the rider from keeping at least one hand on the handle bars.  (Prior Code, Title 40)

 

SECTION 15-1109     PARKING.

 

No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against the building or at the curb in such a manner as to afford the least obstruction to pedestrian traffic.

 

SECTION 15-1110     RIDING ON SIDEWALKS.

 

A.        No person shall ride a bicycle upon a sidewalk within a business district.

 

B.         The city council, by motion or resolution, is authorized to have erected signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person; and when such signs are in place, no person shall disobey the same.

 

C.        Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.  (Prior Code, Title 40)

 

SECTION 15-1111     LAMPS AND EQUIPMENT ON BICYCLES.

 

A.        Bicycles in use at night-time shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type which shall be visible from five hundred (500) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.

           

B.         No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred (100) feet.

 

C.        A bicycle shall not be equipped with, nor shall any person use, any siren or whistle.

 

D.        Bicycles shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.  (Prior Code, Title 40)

 

CHAPTER 12

(RESERVED)

 

 

 

CHAPTER 13

IMPOUNDMENT OF VEHICLES

 

Section 15-1301                      Purpose and effect of impoundment provision; definitions; certain                                               vehicles prohibited; nuisances; removal.

Section 15-1302                      Place of impoundment.

Section 15-1303                      Duration of impoundment.

Section 15-1304                      Police granted authority to impound vehicles.

Section 15-1305                      Disabled vehicles.

Section 15-1306                      Vehicles on bridge.

Section 15-1307                      Arrest and detention of driver of vehicle.

Section 15-1308                      Vehicle constitutes traffic hazard.

Section 15-1309                      Illegal trespass by vehicle.

Section 15-1310                      Vehicles parked overtime.

Section 15-1311                      Vehicles blocking fire exits or hydrants.

Section 15-1312                      Vehicles parked in intersection.

Section 15-1313                      Stolen vehicles; recovery by police.

Section 15-1314                      Vehicles with outstanding traffic citations.

Section 15-1315                      Evidence in a crime.

Section 15-1316                      Expired tag.

Section 15-1317                      Failure to produce security verification.

 

SECTION 15-1301    

PURPOSE AND EFFECT OF IMPOUNDMENT PROVISIONS.  DEFINITIONS: CERTAIN VEHICLES PROHIBITED; NUISANCES; REMOVAL.

 

A.        The impoundment of vehicles under authority of the provisions of this chapter shall be construed as an enforcement procedure for protection of the public peace, safety and welfare, and the safeguarding of property, and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisances arising from traffic law violations, protection of the public rights in the use of streets and thoroughfares from obstructions placed and left in derogation of those rights, and for safeguarding and protecting recovered stolen vehicles.

 

B.         For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section unless the context clearly requires another meaning:

 

1.         "Enforcement officer" means the code enforcement officer as designated by the city manager of the city or any police officer of the city;

 

2.         "Junked motor vehicle" means any motor vehicle which does not have

lawfully affixed thereto both an unexpired license plate or plates and a current motor

vehicle safety inspection certificate, and the condition of which is wrecked, dismantled,

partially dismantled, inoperative, abandoned or discarded;

 

3.         "Motor vehicle" means any vehicle which is self-propelled and designated to travel along the ground and includes, but is not limited to automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, campers and trailers;

 

4          "Private property" means any real property within the city which is privately owned and which is not public property as defined in paragraph 5;

 

           

5.         "Public Property" means any street or highway which includes the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel and also means any other publicly owned property or facility.

 

C.        No person shall deposit, store, keep or permit to be deposited, stored or kept in the open

 

 

OFFENSES AND CRIMES

 

 

CHAPTER 1

OFFENSES IN GENERAL

 

Section 10-101            Attempts to commit an offense.

Section 10-102            Aiding in an offense.

 

CHAPTER 2

OFFENSES AGAINST PROPERTY

 

Section 10-201            Petit Larceny Prohibited.

Section 10-202            Injuring automobiles and other vehicles.

Section 10-203            Destroying or injuring buildings and other property.

Section 10-204            Placing signs on property of another.

Section 10-205            Throwing or shooting at persons or property.

Section 10-206            Tampering with or damaging public utilities.

Section 10-207            Unlawful intrusion upon land.

Section 10-208            Illegal entrance.

Section 10-209            Throwing advertising on street, prohibited.

Section 10-210            Throwing injurious substances.

Section 10-211            Injury to plants and trees.

Section 10-212            Public streets and trees.

Section 10-213            Trespass prohibited.

Section 10-214            Parking on property of another.

Section 10-215            Interference with fire hydrants.

Section 10-216            Concealing un-purchased merchandise.

 

CHAPTER 3

OFFENSES AGAINST THE PUBLIC

 

Section 10-301            Disturbing the peace.

Section 10-302            Insulting sighs, literature or language.

Section 10-303            Literature or language ridiculing religion.

Section 10-304            Fireworks use prohibited except as regulated.

Section 10-305            Storing or keeping explosives.

Section 10-306            Carrying weapons; exceptions.

Section 10-307            Reckless conduct.

Section 10-308            Discharge of firearms.

Section 10-309            Loud noise or music prohibited generally.

Section 10-310            Political advertising or rights of way.

Section 10-311            Sale of motor vehicles on Sunday prohibited.

Section 10-312            Act prohibited on or near school grounds.

Section 10-313            Low flying planes.

 

CHAPTER 4

OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS

 

Section 10-401            Public intoxication and drinking prohibited.

Section 10-402            Intoxicating liquors.

Section 10-403            Marijuana prohibited.

Section 10-404            Prostitution and .

Section 10-405            Disorderly house.

Section 10-406            Maintaining or leasing disorderly house.

Section 10-407            Residents and visitors to disorderly house.

Section 10-408            Nudity, improper dress, indecent exposure.

Section 10-409            Definitions, obscenity regulations.

Section 10-410            Prohibited obscene conduct.

Section 10-411            Vagrancy defined for specific acts.

Section 10-412            Curfew hours for minors.

Section 10-413            Sleeping on the streets, depots.

Section 10-414            Begging prohibited.

Section 10-415            Gambling prohibited.

Section 10-416            Loitering about place where gambling is going on.

Section 10-417            Harmful deception.

Section 10-418            False or bogus checks.

 

CHAPTER 5

OFFENSES AGAINST PERSONS

 

Section 10-501            Assault and battery prohibited.

 

CHAPTER 6

OFFENSES AGAINST PUBLIC AUTHORITY

 

 

Section 10-601            Resisting an officer.

Section 10-602            Refusing or failing to assist an officer.

Section 10-603            Assault or battery upon police or other law officer.

Section 10-604            Rescuing prisoners.

Section 10-605            Escape of prisoners.

Section 10-606            Impersonating an officer or employee.

Section 10-607            False alarms.

Section 10-608            False representation to an officer.

Section 10-609            Removal of barricades.

Section 10-610            Resisting public officials.

Section 10-611            Eluding police officers.

 

CHAPTER 7

PENALTIES

 

 

Section 10-701            General penalties.

 

CHAPTER 1

 

OFFENSES IN GENERAL

 

Section 10-101            Attempts to commit an offense.

Section 10-102            Aiding in an offense.

 

SECTION 10-101       ATTEMPTS TO COMMIT AN OFFENSE.

 

 Every person who attempts to commit an offense against the ordinances of the city, and in such attempt does any act toward the commission of such offense, but fails or is prevented or intercepted in the perpetration thereof, is guilty of an offense, and shall be punished in the manner prescribed for the attempted offense itself.  (Prior Code, Title 26)

 

SECTION 10-102       AIDING IN AN OFFENSE.

 

When no punishment for counseling or aiding in the commission of a particular offense is expressly prescribed by ordinance, every person who counsels or aids another in the commission of such is guilty of an offense, or misdemeanor, and punishable in the same manner as the principal offender.  (Prior Code, Title 26)

 

OFFENSES AGAINST PROPERTY

 

Section 10-201            Petit Larceny Prohibited.

Section 10-202            Injuring automobiles and other vehicles.

Section 10-203            Destroying or injuring buildings and other property.

Section 10-204            Placing signs on property of another.

Section 10-205            Throwing or shooting at persons or property.

Section 10-206            Tampering with or damaging public utilities.

Section 10-207            Unlawful intrusion upon land.

Section 10-208            Illegal entrance.

Section 10-209            Throwing advertising on street, prohibited.

Section 10-210            Throwing injurious substances.

Section 10-211            Injury to plants and trees.

Section 10-212            Public streets and trees.

Section 10-213            Trespass prohibited.

Section 10-214            Parking on property of another.

Section 10-215            Interference with fire hydrants.

Section 10-216            Concealing un-purchased merchandise.

 

SECTION 10-201       PETTIT LARCENY PROHIBITED.

 

A.        Petit larceny is the taking of personal property of value not exceeding Fifty Dollars ($50.00) accomplished by fraud or stealth and with intent to deprive another thereof, but does not include the taking of such property from the "person" of another.

 

B.         Petit larceny is unlawful, and any person who commits larceny shall be guilty of a misdemeanor. (Prior Code, Title 26)

 

State Law Reference:  Petit larceny defined, 21 O.S. Sections 1704, 1706.

 

SECTION 10-202       INJURING AUTOMOBILES AND OTHER VEHICLES.

 

It is unlawful for any person to start, otherwise meddle with, molest, enter, occupy, or loiter in any automobile or other vehicle belonging to another, without the consent of the owner or person in charge thereof.  (Prior Code, Title 26).

 

SECTION 10-203       DESTROYING OR INJURING BUILDINGS AND OTHER PROPERTY.

 

It is unlawful for any person to destroy, injure, deface besmear, or molest any structure, building, outbuilding, fence, or any other property, real or personal, public or private, belonging to another; or to use any such property wrongfully to the detriment of the owner or other person entitled to its use; or to interfere wrongfully with the use of any such property by its owner or any other person entitled to its use.  (Prior Code, Title 26).

 

SECTION 10-204       PLACING SIGNS ON PROPERTY OF ANOTHER.

 

It is unlawful for any person to place, stick, tack, paste, post, paint, mark, write or print any sign, poster, picture, announcement, advertisement, bill placard, device or inscription upon any public or private building, fence, sidewalk, bridge, viaduct, post, automobile, other vehicle or other property of another, without the consent of the owner or person I charge thereof.  (Prior Code, Title 26).

 

SECTION 10-205       TROWING OR SHOOTING AT PERSONS OR PROPERTY.

 

It is unlawful for any person to throw or shoot any stone or other object into or across any street or alley, or in any place where he is likely to hit another person wrongfully or to injure property, or to throw or shoot any stone or other object at any person, vehicle, structure, electric light or other property or another (whether public or private), except in case where such is done in defense of oneself, of another person or of property.  (Prior Code, Title 26)

 

SECTION 10-206       TAMPERING WITH OR DAMAGING PUBLIC UTILITIES.

 

It is unlawful for any person to connect or attach any kind of pipe, wire or other contrivance to any pipe, line, wire or other conductor carrying gas, water or electricity and belonging to a public utility (whether publicly or privately owned), in such a manner as to enable him to consume or use the gas, water or electricity without it passing through the meter or any other way so as to evade payment therefore.  It is also unlawful for any person to damage, molest, tamper with, or destroy any pipe, line, wire, meter, or other part of any public utility, including any telegraph or telephone system.  (Prior Code, Title 26)

 

SECTION 10-207       UNLAWFUL INTRUSION UPON LAND.

 

It is unlawful for any person to intrude or squat upon any lot or piece of land within the city without a license or authority from the owner thereof, or to erect or occupy thereon any hut, hovel, shanty or other structure without such license or authority, or place, erect or occupy within the bounds of any street, alley or avenue of the city, any hut, shanty, hovel, or other structure without authority of law or ordinance.  (Prior Code Title 26)

 

SECTION 10-208       ILLEGAL ENTRNANCE.

 

It is illegal for any person to enter upon the property of another or into an area or structure on such property (whether such property, area or structure is public or private), when such entrance is plainly forbidden by signs or otherwise or when the property, area or structure is enclosed, except when such entrance is in line of duty, or with the expressed, or tacit consent of the owner or person in charge, or otherwise by authority of law or ordinance.  (Prior Code, Title 26)

 

SECTION 10-209       THROWING ADVERTISING ON THE STREET, PROHIBITED.

 

It is unlawful for any person to throw, leave or deposit, or cause to be thrown, left or deposited, upon any street, alley, sidewalk, or other public area, any handbill, circular, or other advertising matter.   (Prior Code, Title 26)

 

SECTION 10-210       THROWING INJRUIOUS SUBSTANCES.

 

It is unlawful for any person to purposely or premeditatedly put or throw upon the person or property of another, or upon any animal, any acid, corrosive or other irritation or harmful substance, or human or animal waste or urine, with intent to injure or harass the person, property or animal.  (Prior Code, Title 26)

 

SECTION 10-211       INJURY TO PLANTS AND TREES.

 

It is unlawful for any person to willfully and without authority cut, pull, pluck or otherwise injure any flowers, flowering plants, shrubs or trees growing in or around any park or public street within the city, or willfully or without authority to tear down, remove, cut or otherwise injure or destroy any gate or fence enclosing any such park or ground, or willfully injure or destroy any stand, bench, seat or other property situated upon such park or ground.  (Prior Code, Title 26)

 

SECTION 10-212       PUBLIC STREETS AND TREES.

 

It is unlawful for any person to:

 

1.         Willfully or wantonly cut, deface or in any way injure any tree or sapling standing or growing in any of the streets, alleys or public places within the city;

 

2.         Attach any guy wires, telephone, telegraph, or electric wire, or any wire to any live tree;

 

3.         Dig any hole, ditch or trench in any public street, road, avenue or alley, or any other public premises or ground within, belonging to or under the supervision or control of the city;

 

 4.        Take or remove any dirt, earth or any street or other public place without first securing permission from the city inspector so to do.

 

5.         Connect any driveway to any street or other public place without first securing permission from the city inspector so to do.

 

Any such digging, removing, or driveway connection shall be done under the supervision of the street superintendent or city engineer. (Prior Code, Title 26)

 

SECTION 10-213       TRESSPAS S PROHIBITED.

 

A.        For the purpose of this section, the following terms shall be defined as follows:

 

1.         "Public Property" means that property which is dedicated to public use and over which the federal, state or municipal government or any subdivision thereof exercise control;

 

2.         "Private Property" means any property other than public property; and

 

3.         "Trespass" means each and every actual entry upon the premises of an owner or other person in lawful possession of the premises without the express or the implied consent of the owner or other person in lawful possession.  Trespass shall also mean remaining upon the premises of an owner or other person in lawful possession after having been told to leave the premises by the owner, or the agent, or employee of the owner, or other person in lawful possession of the premises.  Trespass shall also be defined as the act of remaining on private property at any time other than during posted hours of business operation after having been directed to vacate such premises by a police officer; provided that the provisions of this sentence shall not apply to persons, including employees, whose presence upon such premises is authorized by the persons, including employees, whose presence upon such premises is authorized by the owner or by a person in lawful possession of such premises; nor shall the provisions of this sentence apply unless hours of business operation are posted upon such premises.

 

Trespass shall also be defined as the act of returning to private property before the posted time of opening for business operation on the next business day after having been directed to vacate such premises under the terms of this subsection.

 

B.         It is unlawful for any person to trespass on private property.  (Prior Code, Title 26)

 

SECTION 10-214       PARKING ON PROPERTY OF ANOTHER.

 

It is unlawful for any person to park an automobile or other vehicle, or to place any structure or object on the driveway, yard, or property of another without the expressed tacit consent of the owner or person in charge thereof, or when necessary in the performance of a duty, or otherwise by authority of law or ordinance.  (Prior Code, Title 26)

 

SECTION 10-215       INTERFERENCE WITH FIRE HYDRANTS.

 

A.        It is unlawful for any person except one duly authorized by the city utility superintendent or a member of the fire department to open, turn on or off, interfere with, attach any pipe or hose to, or connect anything with, any fire hydrant or stop cock belonging to the city.

 

B.         It is unlawful for any person to obstruct access to any fire hydrant by placing around or thereon brick, lumber, dirt or other thing, or in any other manner obstruction access to a fire hydrant.  (Prior Cord, Title 26)

 

Cross Reference:  Fire department and services, 13-201 Section et seq.

 

SECTION 10-216       CONCEALING UNPURCHASED MERCHANDISE.

 

Any person concealing un-purchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of Section 1341 of Title 21 of the Oklahoma Statutes, and such concealment or the finding of such un-purchased merchandise concealed upon the person or among the belongings of such person shall be conclusive evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time, of such person by a merchant, his agent or employee, and any such reasonable detention shall not be deemed to be unlawful, nor render such merchant, his agent or employee criminally or civilly liable.  (Ord. No. 300-A 11/08/90)

 

CHAPTER 3

 

OFFENSES AGAINST THE PUBLIC

 

Section 10-301            Disturbing the peace.

Section 10-302            Insulting sighs, literature or language.

Section 10-303            Literature or language ridiculing religion.

Section 10-304            Fireworks use prohibited except as regulated.

Section 10-305            Storing or keeping explosives.

Section 10-306            Carrying weapons; exceptions.

Section 10-307            Reckless conduct.

Section 10-308            Discharge of firearms.

Section 10-309            Loud noise or music prohibited generally.

Section 10-310            Political advertising or rights of way.

Section 10-311            Sale of motor vehicles on Sunday prohibited.

Section 10-312            Act prohibited on or near school grounds.

Section 10-313            Low flying planes.

 

SECTION 10-301       DISTURBING THE PEACE

 

A.        It is unlawful to disturb or alarm the peace of another or others by doing any of the acts set out in Subsection B of this section.

 

B.         Disturbing the peace is the doing of any of the following is such a manner as would foresee- ably alarm or disturb the peace of another or others:

 

1.         Using obscene, offensive, abusive, vulgar, threatening, violent or insulting language or conduct;

 

2.         Appearing in an intoxicated condition;

 

3.         Engaging in a fistic encounter;

 

4.         Lewdly exposing one's person or private parts thereof, in any public place or in any place where there are present others persons to be offended or annoyed thereby;

 

5.         Pointing any pistol or any other deadly weapon whether loaded or not at any other person or persons either in anger or otherwise;

 

6.         Holding an unlawful assembly or two (2) or more persons, including being assembled together and acting in concert, to do any unlawful act against the peace or to the terror of others or preparing for or moving toward such acts, or otherwise assembling unlawfully or riotously;

 

7.         Interrupting any lawful assembly  of the people by making noise, by rude, indecent or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of assembly or within hearing distance thereof;

 

8.         Making unnecessarily loud, offensive noises;

 

9.         Disturbing any congregation or assembly of persons meeting for religious worship by making noise, by rude, indecent or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of worship or within hearing distance thereof; or

 

 

   10.    Committing any other act in such a manner as to unreasonably disturb or alarm the public.          (Prior Code, Title 26)

 

SECTION 10-302       INSULTING SIGNS, LITERATURE OR LANGUAGE

 

A.        It is unlawful for any person, firm or corporation within the city to display any sign, emblem, badge, flag or device, which in its common acceptance is insulting, profane, or abusive to the citizens of the city, and which is calculated, or of which the natural consequence is, to cause a breach of the peace or an assault.

 

B.         It is unlawful for any person to willfully use, utter, publish, circulate or distribute any profane, violent, abusive, or insulting language or literature where:

 

1.         A natural consequence of the language or literature is to cause a breach of the peace or an assault; or

 

2.         The language or literature, in its common acceptance, is calculated to cause a breach of the peace or an assault.  (Prior Code, Title 26)

 

SECTION 10-303       LITERATURE OR LANGUAGE RIDICULING RELGION.

 

It is unlawful for any person to utter, publish, distribute or circulate any literature or language within the corporate limits of the city that casts profane ridicule on any deity, or any religion, which in its common acceptance is calculated or where the natural consequence is to cause a breach of the peace or an assault.  (Prior Cord, Title 26)

 

Section 10-304                        FIREWORKS USE PROHITED EXCEPT AS REGULATED

(REPEALED 2-19-04)

 

A.        No fireworks shall be sold, possessed or discharged within the city except as provided in Subsection B of this section.

 

B.         Pyrotechnical displays shall be approved by the code enforcement officer or the fire chief.  The time, place and manner of such displays also must be approved.  (Prior Code, Title 26; Ord. No. 297-A, 11/08/90; Ord. No. 326-08-94, 8/11/94)

 

State Law Reference:  Bottle rockets prohibited in state law, 68 O.S. Section 1624.

 

ORDINANCE # 437-02-04

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SPENCER, OKLAHOMA AMENDING TITLE 9 CHAPTER 1 SECTION 9-112 "PROVIDING REQUIREMENTS FOR THE LICENSING OF FIREWORKS STANDS", AND AMENDING TITLE 10, CHAPTER 3, SECTION 10-304 "FIREWORKS REGULATED" OF THE SPENCER CODE OF ORDINANCES; DECLARING REPEALER; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.

 

AN EMERGENCY ORDINANCE

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SPENCER, OKLAHOMA:

 

SECTION 1.   That Section 9-112 of the code of Ordinances of the City of Spencer, Oklahoma, is hereby amended to read as follows:

 

SECTION 9-112                     FIREWORKS STANDS.

 

A.        Definition.         The definition contained it Title 68, Oklahoma Statutes, and 1622, are hereby incorporated by reference and made part of this ordinance.

 

B.         License.

 

1.         Any person or organization seeking a license to sell fireworks shall apply for the same by June 1 of the   license year.

 

2.         In order for any person, partnership, corporation or association to sell, offer for sale, or give away         fireworks, the must first obtain a license for the City Clerk's Office in the amount of $600.00.

 

3.         Any and all applicants must be at least twenty-one (21) year of age to be eligible for a license.

 

4.         All applicants must comply with the fireworks laws of Oklahoma before a license will be issued.

 

5.         All pertinent information either required by the City of Spencer and/or requested by its Code Enforcement Officer and/or Fire Chief must be satisfactorily provided before a license will be issued.

 

6.         Licenses are not transferable.

 

7.         A license shall not be issued until the applicant files satisfactory evidence with the City Clerk showing minimum liability insurance coverage of $10,000.00/$20,000.00/$100,000 limits which protect the City.

 

8.         A Sales Tax Deposit of $300.00 is required at the time of licensing.  This deposit will be refunded in full             to the applicant if proof of sales tax payment is given to the City Clerk by September 15th.  If proof of       sales tax payment is not submitted to the City Clerk by September 15th, the sales tax deposit will be forfeited and no refund will be given.

 

SECTION 10-305       STORING OF KEEPING OF EXPLOSIVES.

 

It is unlawful for any person to store or keep within the city any nitroglycerin, dynamite, gunpowder, or any other highly explosive material or substance, except that gunpowder may be kept in quantities of not exceeding five (5) pounds where the same is securely kept.

 

SECTION 10-306                   CARRYING WEAPONS, EXCEPTIONS.

 

It is unlawful for any person to carry conceal upon or about his person any pistol, revolver, dagger bowie knife, dirk knife, switch-blade knife, spring-type knife, metal knuckle, or any other dangerous or deadly weapon or instrument except when doing so in line of duty or as may be permitted by law.  (Prior Code, Title 26)

State Law Reference:  State firearms act; 21 O.S. Sections 2189.1 et seq.

 

SECTION 10-307       RECKLESS CONDUCT.

 

A.        It is unlawful for any person to engage in reckless conduct while having in his possession any shotgun, rifle or pistol, such actions consisting of creating a situation of unreasonable risk and probability of death or great bodily harm to another, and demonstration a conscious disregard for the safety of another person.

 

SECTION 10-308       DISCHARGE OF FIREARMS.

 

A.        For the purpose of this section, the term shotgun is hereby defined as any gun manufactured to be used for shooting shot shells only.  Shot shells used may not be larger than #6.  A lawful shotgun shall have barrels not less than eighteen (18) inches long and shall have not attached rifle barrel.  The terms pistol, revolver or rifle for the purpose of this section, are hereby defined as any gun manufactured to be used with gun powder or compressed gases to propel a bullet, slug, ball, or pellet.

 

B.         It is unlawful to fire any pistol, revolver or rifle inside the city limits of the city.

 

C.        It is unlawful to fire a lawful shotgun in the city.  It is unlawful to fire any shotgun within three hundred (300) feet of any street, road, highway, house, building, storage tank or other installation.  (Prior Code, Title 26)

 

SECTION 10-309       LOUD NOISE OR MUSIC PRHIBITED GENERALLY.

 

A.        It is unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary or unusual noise disturbance or any noise which either annoys, disturbs, injures or dangers the comfort, repose, health, peace or safety of others, within the limits of the city.

 

B.         The following acts, among others and not to exclude other such acts, are declared to be excessive or unusual noises in violation of this chapter, except and unless in the urgent interest of public health, welfare, and safety, a permit has been issued by the city manager for continuance or performance over such time periods as may be so stated:

 

1.         Owning, maintaining, harboring or maintaining for hire any animal or animals, bird or birds, which, by frequent or prolonged barks, whines, howls, noise making, cause or tend to cause excessive sound levels, whether originating from public or private facilities, except publicly-owned or publicly operated zoos;

 

2.         Playing or operating any radio, television set, record, tape, or other recorder-type re-player, sound amplifier or other electronic audio device, musical instrument or similar device such as to emit loud music, noise or words.  However, this section shall not prohibit religious bodies from playing chimes, bells, carillons or other religious music;

 

3.         Shouting, carousing, singing or other prolonged noise-making such as to cause or tend to cause excessive sound levels;

 

4.         Sounding of horns, whistles, sirens, firearms or other such alarm or announcement device, whether manual or power-operated, or the detonation of fireworks or explosives except as required as warning of fire, natural disaster or other impending or incidental danger, or which may be required as a part of fire or law enforcement;

 

5.         Operation motorized vehicle such as to cause or tend to cause excessive sound levels.  (Prior Code, Title 26, Ord. No. 343-7-95, 7/17/95)  Cross Reference  See also Section 4-120 on animal noises.

 

SECTION 10-301       POLITICAL ADVERTISING ON RIGHTS OF WAY

 

A.        A political advertising sign is defined as any sign, poster or placard printed, painted, made, or designated for the purpose of furthering or advertising the candidacy of any person who is or intends to become or may be a candidate for the election to any public office, whether such public office be in the local, state or federal government, or any subdivision thereof.

 

B.         It is unlawful for any person, firm or corporation to erect or display any advertising sign on any telephone, telegraph, electric or street-lighting pole within this city.

 

C.        No person, firm or corporation shall place, tack, nail, staple or glue any advertising sign on any telephone, telegraph, electric or street-lighting pole within this city.

 

D.        Any advertising sigh erected, placed or displayed in violation of the provisions hereof shall be a public nuisance.  No property right shall exist in such sign erected, placed or displayed in violation of the provisions hereof, and such sign may be removed and destroyed by any person.  (Prior Code, Title 26)

 

SECTION 10-311       SALE OF MOTOR VEHICLES ON SUNDAY PROHIBITED.

 

No person, firm or corporation, whether owner, proprietor, agent or employee, shall keep open, operate or assist in keeping open or operating any place or premises or residences whether open or closed, for the purpose of selling, bartering or exchanging, or offering for sale, barter, or exchange, any motor vehicle or motor vehicles whether new or used or second hand on the first day of the week, commonly called Sunday.  This section shall not apply to the opening of an establishment or place of business on the first day of the week for other purposes, such as the sale of petroleum products, tires, automobile accessories, or for the purpose of operating and conducting a motor vehicle repair shop, or for the purpose of supplying such services as towing or wrecking.  (Prior Code, Title 26)

 

SECTION 10-312       ACTS PROHIBITED ON OR NEAR SCHOOL GROUNDS.

 

It is unlawful for any person to engage in any conduct or commit any of the acts hereinafter set forth around or near the grounds of any school, public or private, in the city, or in any street or alley adjacent to any such school;

 

            1.         Any conduct that disturbs the orderly conduct of the school;

 

            2.         Annoying or molesting any student or employee of the school;

 

            3.         Lewd or wanton conduct; or

 

            4.         Moving or parking any vehicle in the vicinity of any street or alley adjacent thereto in such manner as to annoy or molest any student or employee of the school;

 

            5.         Willfully, maliciously or carelessly enter the school grounds, including any playgrounds, parking lots, and any structures of the schools by persons not authorized, invited or privileged to do so during those periods of time:

 

a.         Beginning one hour before the commencement of instruction or enrollment for the day, and         continuing until one hour after all instruction, faculty meetings, and extracurricular activities    have ceased; or;

 

b.         Beginning one hour before, and concluding one hour after the evening activities of the school,     including but not limited to, instruction, conferences, parent-teacher organizations or        associations, open houses, parent's night, programs, performances, plays, or tutoring.  (Prior             Code, Title 26, Ord. No. 282-A 9/14/89)

 

SECTION 10-313       LOW FLYING PLANES

 

It is unlawful for any person or persons to operate drive or propel in any manner, any kind or character of  

airplane, over the city, at an altitude of less than one thousand (1000) feet, except that this section shall not apply where a person is endeavoring to land or is taking to the air from the landing place close to or adjacent to the city.  (Prior Code, Title 26)

 

CHAPTER 4

 

OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS

 

SECTION:

 

10-401 Public Intoxication and Drinking Prohibited

10-402 Intoxicating Liquors

10-403 Marijuana Prohibited

10-404 Prostitution

10-405 Disorderly House

10-406 Maintaining or Leasing Disorderly House

10-407 Residents and Visitors to Disorderly House

10-408 Nudity, Improper Dress, Indecent Exposure

10-409 Definitions, Obscenity Regulations

10-410 Prohibited Obscene Conduct

10-411 Vagrancy Defined for Specific Acts

10-412 Curfew for Minors (Rep. by Ord. 383-11-98, 11-12-1998)

10-413 Sleeping On the Streets, Depots

10-414 Begging Prohibited

10-415 Gambling Prohibited

10-416 Loitering About Place Where Gambling is Going On

10-417 Harmful Deception

10-418 False or Bogus Checks

 

 

10-401             PUBLIC INTOXICATION AND DRINKING PROHIBITED:

 

A.        It is unlawful for any person to appear or be upon or in any street, alley, or other public place in the city in a state of intoxication.  It is unlawful for any person to drink intoxication liquor or non-intoxicating beverage upon or in any street, alley, or other public place within the city.  It is unlawful to use, sell or furnish to another any illegal drug or narcotic in any place in the city except as legally prescribed by a physician.

           

B.         For the purposes of this section, a "state of intoxication" means the condition in which a person is under the influence of any intoxicating, non-intoxicating, spirituous, vinous or malt liquors, or of any narcotic, to such extent as to deprive the person of his or her full physical or mental power.  (Prior Code, Title 26)

 

10-402             INOTXICATING LIQUORS:

 

A.                    It is unlawful for a person:

 

1.         To appear or be upon or in any street, alley, place of business, or other public place while under the influence of marijuana;

 

2.         To use, have, or possess marijuana upon or in any street, alley place of business, or other public place within the city;

 

3.         To use marijuana in any place within the city except as legally prescribed by a physician licensed to practice in the state; or

 

4.          To loiter about a place where marijuana is sold or furnished illegally.

 

 

B.         For the purpose of this section, "marijuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the rosin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or rosin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the derivative, mixture or preparation of such mature stalks (except rosin extracted there-from), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.  (Prior Code, Title 26)

 

10-404             PROSTITUTION

 

A.                    It is unlawful for any person to:

 

1.  Be a prostitute;

 

2.  Solicit, entice, or procure another to commit or engage in any act of prostitution;

3.  Engage in any act of prostitution;

4.  Knowingly let premises for purposes of prostitution;

5.  Conduct a business or premises for prostitution;

6.  Accept or receive the proceeds of any act; or

7.  Be a party to an act of prostitution or solicitation of prostitution in the limits of city.

B.         For the purposes of this section:

1.  Prostitution is the giving of the body for sexual intercourse or sodomy for hire or money.

2.  Soliciting for prostitutes is the soliciting, inviting, inducing, directing, or transporting of a person to any place with the intention of promoting prostitution.

 

3.  Letting premises for prostitution is the granting of the right of use or the leasing of any premises, knowing that they are to be used for the practice of prostitution, or allowing the continued use of the premises with that knowledge.  (Prior Code, Title 6)

 

10-405             DISORDERLY HOUSE:*

 

A.         A "disorderly house" means any structure or vehicle by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to any of the following acts:

 

 1.        The sale, distribution, possession or use of any controlled dangerous substance, the sale, distribution, possession or use of which is declared unlawful by state statute;

 

 

2.         The violation of any of the ordinances of this city or statutes of this state regulating the sale, distribution, possession or use of alcoholic beverages including beer containing more than one-half of one percent (0.5%) alcohol by volume;

 

3.         The performance of any sexual act declared unlawful by state statute or city ordinance including, but not limited to, solicitation for purposes of prostitution; or

 

4.         The violation of any state statute or city ordinance prohibiting gambling.  (Prior Code, Title 26)

 

10-406             MAINTAINING OR LEASING A DISORDERLY HOUSE:

 

            A.        No person shall keep or maintain, or aid, abet or assist in keeping and maintaining a disorderly house.

 

            B.          No owner, lessee, lesser, or other person, partnership or corporation having control over any house, building, structure, tent, vehicle, mobile home, or recreational vehicle shall knowingly use, lease, sublease or otherwise permit the use of same for the purpose of keeping therein any disorderly house, and knowing or ascertaining that such house, building, structure, tent, vehicle, mobile home, or recreational vehicle is so occupied as a disorderly house, no persons, partnership or corporation shall continue to grant permission to so use such premises as a disorderly hours.  (Prior Code, Title 26)

____________________________

* 11 OS 22-109.

 

10-407             RESIDENTS AND VISITORS TO A DISORDERLY HOUSE

 

No person shall knowingly reside in enter into, or remain in a disorderly house.  In any prosecution for violation of this section, the city shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence.  This section shall not apply to physicians or officers in the discharge of their professional or official duties.  (Prior Code, Title 26)      

           

10-408             NUDITY, IMPROPER DRESS, INDECENT EXPOSURE

 

A.  It is unlawful for any person to:

 

     1.  Appear in any public place in the city in a state of nudity;

 

      2.  Appear in any public place in the city in any offensive, indecent or lewd dress; or

 

     3.  Make an indecent public exposure of his or her person.  (Prior Code, Title 26)

 

 

10-409             DEFINITIONS, OBSCENITY REGULATIONS:  The following terms when used in the chapter shall have the meanings respectively ascribed to them in this section:

 

AVAILABLE TO THE PUBLIC:  The matter or performance may be purchased or attended on a subscription basis, on a membership fee arraignment, or for a separate fee for each item or performance. 

 

DISSEMINATE:  To transfer possession of, with or without consideration.

 

KNOWINGLY:  Being aware of the character and the content of the material.

 

MATERIAL:  Any book, magazine, newspaper or other printed or written material or any picture, pictorial representation or any statue or other figure, or chemical, or electrical reproduction or any other articles, equipment or machines.

 

NUDITY:  The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.

 

OBSCENE:  To the average person applying contemporary community standards:

 

A.  The predominant appeal of the matter taken as a whole, is to prurient interest; i.e., shameful or morbid interest in sexual conduct regulated by title 21 of the Oklahoma Statutes; and

 

C.  The work, taken as a whole, lacks serious literary, artistic, political or scientific value.

 

PERFORMANCE:  Any preview, play, show, skit, film, dance or other exhibition performed before an audience.

 

PERSON:  Any individual, partnership, firm, association, corporation or other legal entity.

 

PROMOTE:  To cause, permit, procure, counsel or assist.

 

SERVICE TO PATRONS:  The provision of services to paying guests in establishments providing food and beverages; including but not limited to, hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waiter and waitressing, and entertaining.  (Prior Code, Title 26) 

 

 

10-410             PROHIBITED CONDUCT

 

A.        It is unlawful for any person to:

 

1.  Knowingly disseminate, distribute or make available to the public any obscene material;

 

2.  Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or exhibition utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of their pruient appeal;

 

3.  Knowingly engage or participate in any obscene performance made available to the public; or

 

4.  Provide service to patrons in such a manner as to expose to public view;

 

a. His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;

 

b. Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;

 

c. Any portion of the female breast at or below the areola thereof; or

 

d. Knowingly promote the commission of any of the above listed unlawful acts.  (Prior Code, Title 26)

 

10-411             VAGRANCY DEFINED FOR SPECIFIC ACTS*:

 

A.        It is unlawful to be a vagrant in the limits of the city.  For the purposes of this section, a "vagrant" means any person who loiters or remains in or wanders about, a public or private place for any of the following purposes:

 

1.  For the purpose of gambling with cards, dice or other gambling paraphernalia;

 

2.  For the purpose of engaging in prostitution or soliciting prostitution or soliciting for an act of lewdness;

 

3.  For the purpose of engaging in theft or breaking and entering any building property or automobile of another;

 

4.  For the purpose of injuring, destroying, molesting or defacing any property of another;

 

5.  For the purpose of assaulting any person;

 

6.  For the purpose of begging or soliciting alms, provided that this section shall not apply to persons soliciting alms for bona fide religious, charitable or eleemosynary organizations with the authorization of such organizations; or

 

7.  For the purpose of selling, purchasing, trading or otherwise exchanging, procuring or making available illegal drugs or contraband.  (Prior Code, Title 26)

 

10-412             CURFEW FOR MINORS:  (Rep. by Ord. 383-11-98, 11-12-1998)

 

10-413             SLEEPING ON THE STREETS, DEPOTS:

 

  It is unlawful for any person, between the hours of twelve o'clock (12:00) midnight and sunrise, to sleep on any street, in any other public place, or on any property of another without the express or tacit consent of the owner or person in charge of such place.  (Prior Code, Title 26)

 

10-414             BEGGING PROHIBITED

 

It is unlawful for any person to beg alms for any person organization or agency except an organization or agency, public or private, whose purpose or one of whose purposes is to aid persons in need.  (Prior Code Title 26)

 

10-415             GAMBLING PROHIBITED*

 

A.        It is unlawful for any person, firm or corporation, or agent or employee thereof, to do any of the following;

 

1.  To play, to open or cause to be opened, or to operate, carry on or conduct, whether for hire or not, any game of faro, monte, poker, roulette, craps, any banking, percentage or other game played with dice, cards, or any device, for money, checks, chips, credit or any other thing of value;

_________________________

* 11 OS 22-108)

 

 

10-416             LOITERING AOUT PLACE WHERE GAMBLING IS GOING ON

 

It is unlawful for any person o loiter about in the immediate vicinity where a person or persons are gambling, whether by playing games, operating a slot machine or other device, or otherwise.(Prior Code, Title 26)

 

10-417             HARMFUL DECEPTION

 

It is unlawful for any person knowingly to deceive another, whether by impersonation, misrepresentation, or otherwise, when such deception results in or contributes to the loss, damage, harm or injury of the person deceived or of a third party, or results in or contributes to the benefit of the deceiver.  (Prior Code, Title 26)

 

10-418             FALSE OR BOGUS CHECKS

 

It is unlawful for any person, with intent to cheat and defraud, to obtain or attempt to obtain from any person, firm or corporation, any money, property or valuable thing check or by any other written or printed or engraved instrument or spurious coin.  The term "false or bogus check" shall include checks or orders given for money or property which are not honored on account of insufficient funds of the maker to pay same, as against the maker or drawer thereof.  The making, drawing, issuing or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in or credit with, such bank or other depository.  Such maker or drawer shall not have paid the drawee the amount due thereon, together with the protest fees, and the check or order shall be presented for payment within one hundred eighty (180) days after same is delivered and accepted.  (Prior Code, Title 26)

 

CHAPTER 5

 

OFFENSES AGAINST PERSONS

 

Section 10-501            Assault and battery prohibited.

 

SECTION 10-501       ASSAULT AND BATTERY PROHIBITED

 

A.        It is unlawful to commit an assault or an assault and battery within the city.

 

B.         For the purposes of this section, an assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.  A battery is any willful and unlawful use of force or violence upon the person of another.  (Prior Code, Title 26)

 

 

CHAPTER 6

 

OFFENSES AGAINST PUBLIC AUTHORITY

 

Section 10-601            Resisting an officer.

Section 10-602            Refusing or failing to assist an officer.

Section 10-603            Assault or battery upon police or other law officer.

Section 10-604            Rescuing prisoners.

Section 10-605            Escape of prisoners.

Section 10-606            Impersonating an officer or employee.

Section 10-607            False alarms.

Section 10-608            False representation to an officer.

Section 10-609            Removal of barricades.

Section 10-610            Resisting public officials.

Section 10-611            Eluding police officers.

 

 

SECTION 10-601       RESISTING AN OFFICER

 

A.        It is unlawful to resist, oppose or assault, or in any way interfere with the police chief or any person duly authorized to act as such, while the officer or person is discharging or attempting to discharge his official duties within the limits of the city.

 

B.         It is unlawful for any person to warn or signal another so as to assist such other person to flee, escape or evade an officer seeking to make an arrest or for any person to bar or lock any door or barrier in the face of or in front of an approaching officer.

 

C.        Resisting an officer is the intentional opposition or resistance to, or obstruction of, an individual acting in his official capacity, and authorized by law to make a lawful arrest or seizure of property, or to serve any lawful process or court order, when the offender knows or has reason to know that the person arresting, seizing property, or serving process is acting in his official capacity.

 

D.        The words "obstruction of "shall, in addition to their common meaning, include:

 

1.         Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest;

 

2.         Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he is under arrest; or

 

3.         Refusal by the arrested party to give his name and make his identity known to the arresting officer.

 

SECTION 10-602       REFUSING OR FAILING TO ASSIST AN OFFICER

 

A.        An officer of the city making or about to make an arrest, or executing or about to execute a warrant or other process, in accordance with the ordinances of the city or with state or federal law, or suppressing or about to suppress a riot, affray or unlawful assembly, may call upon person or persons to assist him in making such arrest, executing such process or suppressing such riot, affray or unlawful assembly.

 

B.         It is unlawful for any person lawfully called upon thus to assist an officer of the city to refuse or fail to do so.  (Prior Code, Title 26)

 

SECTION 10-603       ASSAULT OR BATTERY UPON POLICE OR OTHER LAW OFFICER.

 

It is unlawful for any person, without justifiable or excusable cause, to knowingly commit any assault, battery or assault and battery upon the person of a police officer or other officer of the law while in the performance of his duties.

 

SECTION 10-604       RESCUING PRISONERS

 

It is unlawful for any person, in any illegal manner, to set at liberty, rescue or attempt to set at liberty, any prisoner or prisoners, from any officer or employee of the city having legal custody of the same or from the city jail or other place of confinement by the city, or to assist such prisoner in any manner to escape from such prison or custody either before or after convictions, including escape from a vehicle of confinement.  (Prior Code Title 26)

 

SECTION 10-605       ESCAPE OF PRISONERS

 

It is unlawful for any person confined in the city jail or other place of confinement by the city, or working upon the streets or other public places of the city in pursuance of any judgment, or otherwise held in legal custody by authority of the city, to escape or attempt to escape from any such jail, prison or custody.  (Prior Code, Title 26)

 

SECTION 10-606       IMPERSONATING AN OFFICER OR EMPLOYEE

 

It is unlawful for any person to impersonate any officer or employee of the city, falsely represent himself to be an officer or employee of the city, or exercise or attempt to exercise any of the duties, functions or powers of an officer or employee of the city without being duly authorizer to do so.  (Prior Code Title 26)

           

SECTION 10-607       FALSE ALARMS

 

It is unlawful for any person to turn in a false alarm of any nature or in any manner to deceive or attempt to deceive toe fire department or police department of any officer or employee thereof with reference to any fire alarm or reported fire, accident or other emergency or knowingly to cause the fire department or police department or its officers or employees to make a useless run.  (Prior Code, Title 26)

 

SECTION 10-608       FALSE REPRESENTATION TO AN OFFICER

 

It is unlawful for any person, firm or corporation, or any agent or employee thereof, knowingly to make any material misrepresentation to any officer, employee or agency of the city government in any official application to, or official dealing or negotiation with, such officer or agency; or commit perjury before any tribunal or officer of the city.  (Prior Code Title 26)

 

SECTION 10-609       REMOVAL OF BARRICADES

 

It is unlawful for any person except by proper authority to remove any barricade or obstruction placed by authority of the city to keep traffic off any pavement, street, curb, sidewalk or other area.  (Prior Code, Title 26)

 

SECTION 10-610       RESISTING PUBLIC OFFICIALS

 

It is unlawful for any person knowingly or willfully to:

 

1.  Resist, oppose or obstruct the chief of police, any other police officer, the municipal judge, or any other officer or employee of the city in the discharge of his official duties;

 

2.  Threaten or otherwise intimidate or attempt to intimidate any such officer or employee from the discharge of his official duties; or

 

3.  Assault or beat, or revile abuse, be disrespectful to, use abusive or indecent language toward or about, any such officer or employee while such officer or employee is in the discharge of his official duties.

 

SECTION 10-611       ELUDING POLICE OFFICER

 

It is unlawful for any operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a police officer driving a motor vehicle showing the same to be an official police car, direction the operator to bring his vehicle to a stop, and who willfully increases his speed or extinguishes his lights in an attempt to elude such police officer, or who does elude such police officer.  (Prior Code, Title 26)

 

CHAPTER 7

 

PENALTIES

 

SECTION 10-701                   GENERAL PENALTIES

 

SECTION 10-701                   GENERAL PENALTIES

 

Any violation of the provisions of this part is punishable by fine or imprisonment as provided in Section 1-108 of this code.  (Prior Code, Title 26)

 

 

 

Animals

 

Part 4

 

CHAPTERS 1 & 2

 

ANIMAL REGULATIONS

 

ARTICLE A

 

GENERAL PROVISIONS

 

Section 4-101              Definitions

Section 4-102              Large animals unlawful except as provided; zoning ordinance.

Section 4-103              Large animals permitted; when.

Section 4-104              Swine.

Section 4-105              Housing facilities; building permits.

Section 4-106              Fence.

Section 4-107              Area regulations.

Section 4-108              Practices to be observed; sanitation.

Section 4-109              Compliance.

Section 4-110              Inspection.

Section 4-111              Riding Horses.

Section 4-112              Breeding in public prohibited.

Section 4-113              Certain animals not to run at large.

Section 4-114              Chief of police to impound animals at large.

Section 4-115              Sale of impounded animals.

Section 4-116  Redemption of animals impounded; excess over expenses to be                        

                              paid by owner.

Section 4-117  Breaking pound.

Section 4-118  Owners of animals responsible for damages.

Section 4-119  Cruelty to animals and abandonment.

Section 4-120  Loud animal noise prohibited.

 

ARTICLE B

 

LICENSING AND VACCINATION

 

Section 4-121  Keeping of dogs restricted.

Section 4-122  License required.

Section 4-123  Cats and dogs to be vaccinated.

Section 4-124  Vaccination required for license.

Section 4-125  Payments of license fee, issuance of license and metal tag.

Section 4-126  City clerk-treasurer to keep a record.

Section 4-127  Tag to be attached to collar; lost tag.

Section 4-128  Unlawful to remove tag.

Section 4-129  Dog not to run at large; impounding.

Section 4-130  Report of persons bitten by animals.

Section 4-131  Owner to confine dog which bites.

Section 4-132  Payment of food and care for impounding dog.

Section 4-133  Enforcement.

Section 4-134  Standards for kennels.

 

 

Animals

 

Section 4-135  Standards for pet shops.

Section 4-136  Revocation of licenses.

Section 4-137  Compliance with code.

 

ARTICLE C

 

CITY POUND

 

Section 4-140  City Pound.

Section 4-141  Pound keeper.

Section 4-142  Disposal of animals.

Section 4-143  Monthly report.

 

ARTICLE D

 

POULTRY AND FOWL

 

Section 4-150  Restrictions.

Section 4-151  Area.

Section 4-152  Housing facilities; building permits.

Section 4-153  Fence.

Section 5-154  Determination of area.

Section 5-155  Sanitation.

 

ARTICLE E

 

CARE OF ANIMALS TO BE SOLD AT FLEA MARKETS, FAIRS AND STORES

 

Section 4-160  Restrictions.

Section 4-161  Space requirements and restraints.

Section 4-162  Shelter.

Section 4-163  Watering.

Section 4-164  Feeding.

Section 4-165  Classification and separation.

Section 4-166  Sick or injured animals.

Section 4-167  Disposal of waste.

Section 4-168  Rabies vaccination.

Section 4-169  Regulations to apply to all animals.

Section 4-170  Responsibility of owner or keeper of animal and owner or occupant of                                

                                             establishment.

Section 4-171  Penalty

 

ARTICLE F

 

PENALTY

 

Section 4-180  Penalty.

 

ARTICLE G

 

CATS

 

Section 4-185  Authority to seize, impound cats.

Section 4-186  Failure to surrender violating cats.

Section 4-187  When cat constitutes a nuisance.

Section 4-188  Nuisance cats prohibited.

Section 4-189  Procedure for nuisance cats.

Section 4-190  Reclaiming cats.

Section 4-192  Animal waste.

Section 4-193  Vaccination and licensing.

Section 4-194  Isolation.

Section 4-195  Release from pound.

Section 4-196  Penalty.

 

ARTICLE H

 

ANIMALS: KEEPING PROHIBITED

 

Section 4-200  Animals: keeping prohibited.

 

ARTICLE I

 

VICIOUS ANIMALS

 

Section 4-211  Vicious animals prohibited.

Section 4-212  Attacks prohibited.

Section 4-213  Summons and complaint.

Section 4-214  Impoundment

Section 4-215  Hearing.

Section 4-216  Determination.

Section 4-217  Violation and penalties.

 

CHAPTERS 1 & 2

 

ANIMAL REGULATIONS

 

ARTICLE A

 

GENERAL PROVISIONS

 

Section 4-101              Definitions

Section 4-102              Large animals unlawful except as provided; zoning ordinance.

Section 4-103              Large animals permitted; when.

Section 4-104              Swine.

Section 4-105              Housing facilities; building permits.

Section 4-106              Fence.

Section 4-107              Area regulations.

Section 4-108              Practices to be observed; sanitation.

Section 4-109              Compliance.

Section 4-110              Inspection.

Section 4-111              Riding Horses.

Section 4-112              Breeding in public prohibited.

Section 4-113              Certain animals no to run at large.

Section 4-114              Chief of police to impound animals at large.

Section 4-115              Sale of impounded animals.

Section 4-116  Redemption of animals impounded; excess over expenses to be paid owner.

Section 4-117  Breaking pound.

Section 4-118  Owners of animals responsible for damages.

Section 4-119  Cruelty to animals and abandonment.

Section 4-120  Loud animal noise prohibited.

 

ARTICLE B

 

LICENSING AND VACCINATION

 

Section 4-121  Keeping of dogs restricted.

Section 4-122  License required.

Section 4-123  Cats and dogs to be vaccinated.

Section 4-124  Vaccination required for license.

Section 4-125  Payments of license fee, issuance of license and metal tag.

Section 4-126  City clerk-treasurer to keep a record.

Section 4-127  Tag to be attached to collar; lost tag.

Section 4-128  Unlawful to remove tag.

Section 4-129  Dog not to run at large; impounding.

Section 4-130  Report of persons bitten by animals.

Section 4-131  Owner to confine dog which bites.

Section 4-132  Payment of food and care for impounding dog.

Section 4-133  Enforcement.

Section 4-134  Standards for kennels.

Section 4-135  Standards for pet shops.

Section 4-136  Revocation of licenses.

Section 4-137  Compliance with code.

 

 

ARTICLE C

 

CITY POUND

Section 4-140  City Pound.

Section 4-141  Pound keeper.

Section 4-142  Disposal of animals.

Section 4-143  Monthly report.

 

ARTICLE D

 

POULTRY AND FOWL

 

Section 4-150  Restrictions.

Section 4-151  Area.

Section 4-152  Housing facilities; building permits.

Section 4-153  Fence.

Section 5-154  Determination of area.

Section 5-155  Sanitation.

 

ARTICLE E

 

CARE OF ANIMALS TO BE SOLD AT FLEA MARKETS, FAIRS AND STORES

 

Section 4-160  Restrictions.

Section 4-161  Space requirements and restraints.

Section 4-162  Shelter.

Section 4-163  Watering.

Section 4-164  Feeding.

Section 4-165  Classification and separation.

Section 4-166  Sick or injured animals.

Section 4-167  Disposal of waste.

Section 4-168  Rabies vaccination.

Section 4-169  Regulations to apply to all animals.

Section 4-170  Responsibility of owner or keeper of animal and owner or occupant of                                

                               establishment.

 

Section 4-171  Penalty

ARTICLE F

 

PENALTY

 

Section 4-180  Penalty.

ARTICLE G

 

CATS

 

Section 4-185  Authority to seize, impound cats.

Section 4-186  Failure to surrender violating cats.

Section 4-187  When a cat constitutes a nuisance.

Section 4-188  Nuisance cats prohibited.

Section 4-189  Procedure for nuisance cats.

Section 4-190  Reclaiming cats.

Section 4-191  Un-reclaimed cats.

Section 4-192  Animal Waste.

Section 4-193  Vaccination and licensing.

Section 4-194  Isolation.

Section 4-195  Release from pound.

Section 4-196  Penalty.

 

ARTICLE H

 

ANIMALS: KEEPING PROHIBITED

 

Section 4-200  Animals: keeping prohibited.

 

ARTICLE I

 

Section 4-211  Vicious animals prohibited.

Section 4-212  Attacks prohibited.

Section 4-213  Summons and complaint.

Section 4-214  Impoundment.

Section 4-215  Hearing.

Section 4-216  Determination.

Section 4-217  Violation and penalties.

 

ARTICLE A

 

GENERAL PROVISIONS

 

SECTION 4-101         DEFINITIONS.

    

As used I this chapter, the following words and terms shall have the meanings respectively ascribed as

follows:

 

“Animal “ means any live, vertebrate creature, domestic or wild;

 

“Animals or poultry” as specifically named herein, by whatever other named they might be called, includes every age and sex or each of the species or animals or poultry referred to herein’

 

“Animal Shelter” means any facility operated by a humane society, or municipal agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law;

 

“Area of enclosure” means any facility operated by a humane society, or municipal agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law;

 

“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;

 

 6.        “Auctions” mean any place or facility where animals are regularly bought, sold, or traded except for those facilities otherwise defined in this chapter.  This section does not apply to individual sales of animals by owners;

 

       “Cat” means any cat, male or female, and every other animal of feline species;

 

       “Circus” means a commercial variety show featuring animal acts for public entertainment;

 

       “Commercial animal establishment” means any pet shop, groom shop, auction, riding school or  stable, zoological park, circus, performing animal exhibition, or kennel;

 

            10.       "Confined on the premises" means that condition in which a dog is securely and physically confined and restrained on and within the premises of the owner by means of walls or fences, of such strength and size as physically to prevent the dog from leaving the premises;

 

11.       "Dog" means a dog, male or female, and every other animal of canine species;

 

12.       "Grooming shop" means a commercial establishment where animals are bathed, clipped, plucked,  or otherwise groomed;

 

13.       "Health officer" means the director of the city county health department, or his authorized  representative;

 

14.       "Keeper or person" means any person, family, firm or corporation owning or actually keeping,  having, using, letting for hire, training for a fee, or selling dogs or cats;

 

15.       "Kennel" means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats;

 

16.       "Large animals" mean:

 

                             a. Horses;

 

                           b. Mules;

 

                          c. Donkeys;

 

                          d. Cattle;

 

                          e. Goats;

 

                          f. Llama;

 

                          g. Sheep;

 

                           h. Rhea;

 

                         i.         Ostrich;

 

                         j.         Emu; or;

 

                         k.        Any other animal of similar size or stature;

 

17.       "Nuisance" means doing any actor o omitting to perform a duty, which act or omission either                   annoys, injures, or endangers the comfort, repose, health or safety of others as defined by the                  statutes of the state and the ordinances of the city;

 

18.       "Owner" means the owner of an animal and also every other person having the care or custody of, harboring, keeping or maintaining any animal;

 

17.       "Performing animal exhibition" means any spectacle, display, act, or event other than circuses, in which performing animals are used;

 

18.       "Pet" means any animal kept for pleasure rather than utility;                                                                                                                              

19.       "Pet shop" means any kept for pleasure rather that utility.

 

20.       "Rabies suspected animal" means any dog which shall have bitten a human being, or which shall have been bitten by any animal suspected of having rabies or any infection associated therewith;

 

21.       "Rat-proof" means a state of being constructed so as to effectively prevent entry of rodents and  vectors;

 

22.       "Restraint" means any animal physically secured by a leash or lead, not to exceed six (6) feet in length, and under the control of a responsible person or within the real property limits of its owner;

 23.      "Riding school or stable" means any place which has available for hire, boarding or riding instruction, any horse, pony, donkey, mule or burro;

 

24.       "Sanitary" means any condition of good order and cleanliness which precludes the probability of disease transmission;

 

25.       "Small animals" mean;

 

a.         Rabbits;

 

b.         Hares;

 

c.         Guinea pigs;

 

d.         Chickens;

 

e.         Turkeys;

 

f.          Guineas;

 

g.         Geese;

 

h.         Ducks;

 

i.          Hamsters;

 

j.          Pigeons; or

 

 k.        Any other animal or fowl of similar size or stature;

           

26.       "Veterinary hospital" means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries on animals;

 

27.       "Vicious animal" means one not only of disposition to attack every person or animal it may meet,  but it includes as well a natural fierceness or disposition to mischief, as may occasionally lead  it   to attack human beings or animals without provocation;

 

28.       "Wild animal" means any live animal, including, but not limited to:

 

a.         Monkey (nonhuman primate);

 

b.         Raccoon:

 

c.         Skunk;

 

d.         Fox;

 

e.         Poisonous or constricting snake;

 

f.          Leopard;

 

g.         Panther;

 

h.         Tiger;

 

i.            Lion;

 

j.          Lynx;

 

k.         Bear;

 

or other animal which can normally be found in the wild state or recognized by state and federal game and fish departments; and                                

 

29.       "Zoological Park" means any facility, other than a pet shop or kennel, displaying or                                 exhibiting one or more species of non-domesticated animals operated by a person,                                    partnership, corporation, or government agency.

                                     (Prior Code, Sec. 6-1-2; Ord. No. 356-9-96, 10/10/96)

 

 State Law reference:  Animals, city power to regulate, 11 OS Section 22-115.

 

SECTION 4-102                     LARGE ANIMALS UNLAWFUL EXCEPT AS PROVIDED; ZONING           ORDINANCE

 

 It is unlawful to keep large animals, except as provided herein.  This section supersedes any contrary provision in the city's zoning regulations, Sections 12-201 et seq. of this code, and permits the keeping of large animals in the R-1 Zoning, under the conditions and requirements as set forth in this chapter.  However nothing herein shall be construed to permit the keeping of large animals where individual plat restrictions provide otherwise. (Prior Code, Sec. 6-1.-1)

 

SECTION 4-103                     LARGE ANIMALS PERMITTED; WHEN

 

 One large animal may be kept in an area of enclosure having a minimum of five thousand (5,000) square feet and an additional two thousand (2,000) square feet of area enclosure must be provided for each additional large animal, and in no event will more than four (4) large animals be allowed on one acre.  One additional acre of area enclosure must be provided for each additional large animal in excess of four (4).  (Prior Code, Sec. 6-1.3)

 

SECTION 4-104                     SWINE

 

Swine may be kept in R-1 Zoning and A-1 Suburban Agricultural Zoning only as set forth in the city's zoning regulations, Sections 12-201 et seq. of this code.  Swine are prohibited on any area of less than ten (10) acres. (Prior Code, Sec. 6-1.4)

 

SECTION 4-105                     HOUSING FACILITIES: BUILDING PERMITS.

 

The owner, keeper, or possessor of any animal in this chapter is hereby required to provide enclosures which shall be substantially erected.  The erection of any shelter within the enclosure to provide shelter for the animals shall be neatly built so as to conform to building on the surrounding premises in neatness and appearance, and in such a manner as to prevent unsanitary conditions.  A building permit shall be secured by the builder before the beginning of the erection of any new building.  (Prior Code, Sec. 6-1.5)

 

SECTION 4-106                     FENCE.

 

Any keeper of animals named in this chapter shall fence the area enclosure in such a manner so as to prevent the animals from running at large.  No animal may be allowed to run at large or to be tethered outside an area of enclosure within the city limits.  The fence shall be neat in appearance and conform to the surrounding area.  (Prior Code, Sec. 6-1.6)

 

SECTION 4-107                     AREA REGULATIONS.

 

In determining the number of square feet in the area of enclosure, only that ground which will be actually encompassed in the area of enclosure will be used in arriving at the number of square feet in the area of enclosure.  No area of enclosure will be closer than forty (40) feet to any dwelling designed or used as living quarters for one or more families nor more than one hundred (100) feet from water well or potable water source.  (Prior Code, Sec. 6-1.7)

 

SECTION 4-108                     PRACTICES TO BE OBSERVED; SANITATION

 

A.        It is the duty of the keeper where the animals are kept, to maintain and operate the shelter and premises in such a manner as not to create a health nuisance.

 

B.         Every keeper of animals shall not allow manure to accumulate in the enclosure or shelter.  The enclosure and shelter shall be kept in a neat and clean manner.

 

C.        Each shelter or enclosure shall be sprayed with a suitable residual spray as often as necessary to control flies and other insects.

 

D.        It is unlawful to dump or place any manure or other wastes from such enclosure in the garbage cans serviced by the sanitation department of the city.  (Prior Code, Sec. 6-18)

 

SECTION 4-109                     COMPLIANCE.

 

Any person, firm or corporation having in their possession any of the named animals shall be given six (6) months from the effective date of this chapter in which to comply with its provisions, except that the provisions for sanitation shall be immediately effective.  (Prior Code, Sec. 6-1.9)

 

SECTION 4-110                     INSPECTION.

 

The health officer or any duly authorized representative of the city may inspect any property, pens or enclosures covered by this chapter at any reasonable hour of the day.  (Prior Code, Sec. 6-1.10)

 

SECTION 4-111                     RIDING HORSES

 

It is unlawful to ride horses on the streets and thoroughfares on the city except for parades authorized by the council.  Horses shall be ridden single file on the street right-of-way only, and in an orderly manner or upon private property of individuals who have given their permission to the rider.  No horses are permitted to be ridden in the city park, except where the park board has authorized same.  (Prior Code, Sec. 6-.12)

 

SECTION 4-112                     BREEDING IN PUBLIC PROHIBITED

 

It is unlawful and an offense for any person, firm, or corporation, who is owner or possessor of any male or female large animal, as defined herein, or the owner or possessor or occupier of the premises to permit or authorize the breeding of such animals at any place in the limits of the city that is in view of any private residence, public road, or way, playground, school, or other place where private citizens may congregate or be.  (Prior Code, Sec. 6-1.12)

 

SECTION 4-113                     CERTAIN ANIMALS NOT TO RUN AT LARGE

 

No person shall permit any horse, pony, mule, ass, calf, sheep, goat, swine, cow, steer, bul, or other animal owned by or under his control to run at large or be picketed, staked, or herded, or to be driven in or on the streets, alleys, and public grounds within the corporate limits of the city.  All stock must be led by halter or rope in being taken to and from pasture.  However, nothing in this chapter shall prevent dealers or other persons from driving their stock to market.

(Prior Code, Sec. 6-1.13)

 

SECTION 4-114                     CHIEF OF POLICE TO IMPOUND ANIMALS AT LARGE

 

All police officers of the city and such other persons as the chief of police may in writing designate and appoint are hereby authorized and directed to take up all animals found running at large within the city, contrary to this chapter.  Animals picked up shall be confined in a pound, pen, building, or other place as may be designated by the chief by and with the approval of the city manager.  The chief shall provide at the cost of the city suitable and necessary sustenance for all animals so taken up, care and keeping of such animals, shall be paid by the owner or person redeeming the animal before the animals shall be released.  (Prior Code, Sec. 6-1.14)

 

SECTION 4-115                     SALE OF IMPOUNDED ANIMALS.

 

Any animal taken up and impounded may be sold at public auction by the chief of police otherwise disposed of at any time after the expiration of three (3) days from the time of impounding the same.  The chief of police or other officer shall give at least five (5) days notice of the time and place of such sale, by causing notices thereof to be posted in the police office of the city hall and the city pound.  The notice shall be substantially in the following form:

 

POUND NOTICE

 

Taken up and impounded in the city pound of the City of Spencer, Oklahoma, on the _____ day of _________, 20__, the following described animals found running at large contrary to the ordinances of the city, to wit:___________, the animals unless redeemed will be sold at public auction for cash to the highest bidder at the pound, at the hour of ________ o'clock on the ______day of __________________ 20__________, or otherwise disposed of.

 

                                                            Signed ____________________________________

                                                                                                 Chief of Police

 

SECTION 4-116         REDEMPTION OF ANIMALS IMPOUNDED: 

EXCESS OVER EXPENSES TO BE PAID BY OWNER

                                     

 

If the owner of any animal shall pay the costs, which shall include a pick-up fee plus feeding costs per animal, all as set by the city council by motion or resolution, and other charges and expenses incurred under this chapter at any time before the sale or disposition of such animal, the chief of police or other officer shall release such animal.  If the owner of any animal shall apply to the city after such animal has been sold and prove the ownership thereafter to the satisfaction of the chief of police, before payment to the city treasurer, the chief shall pay the balance from the sale of such animal to the applicant, taking his receipt in duplicate, one of which he will file with the city clerk.  But if the owner of such animal sold shall apply to the city after the payment to the city treasurer, and prove the ownership thereof to his satisfaction, then the chief of police shall certify the facts to the mayor and council, stating the amount deposited in the city treasury and account of such animal, and there from a warrant shall be drawn upon the treasurer in favor of the claimant for the amount so certified by the chief of police.  (Prior Code, Sec. 6-1.16)

 

SECTION 4-117                     BREAKING POUND

 

It is unlawful for any person to break open or in any manner directly or indirectly aid, assist in or counsel or advise the breaking open of any city pound, or to hinder, delay or obstruct any person duly authorized in taking up or taking to the city pound any animal liable to be impounded.  (Prior Code, Sec. 6-1.17)

 

SECTION 4-118                     OWNERS OF ANIMALS RESPONSIBLE FOR DAMAGES.

 

Any person driving horses, cattle or other stock along the streets or alleys of the city shall be held liable for all damages done by such stock to lawn, trees, or shrubbery.  (Prior Code, Sec. 6-1.18)

 

SECTION 4-119                     CRUELTY TO ANIMALS AND ABANDONMENT.

 

A.        No person shall:

 

1.         Cruelly beat or otherwise cruelly maltreat any dumb animal in this city, or willfully and wantonly kill maim, wound, poison or disfigure any animal, bird, or beast of any kind;

 

2.         Mutilate, or cruelly kill, or drive over, override, or overload, or unnecessarily confine, or in any manner oppress any animal;

 

 3.        Unnecessarily fail to provide an animal with proper food, drink or shelter;

 

 4.        Drive or work, or use the same if such animal is maimed, wounded, sick, lame or otherwise unfit for labor;

 

5.         Carry, haul, or force along any animal in a cruel or inhuman manner, or;

 

 6.        Leave any animal tied up, or confined anywhere day or night, for more than six (6) hours at a time exposed to inclement weather or without proper feed, watering and caring for the same.

 

 B.        This section shall not be construed as preventing a police officer or other persons from killing animals when lawfully entitled to do so.  (Ord. No. 92A, 11/10/77)

 

 SECTION 4-120                    LOUD ANIMAL NOISE PROHIBITED.

 

It shall be unlawful for any animal or animals, in this chapter, which, by frequent or prolonged barking, whining, howling, crowing, noise making, cause or tend to cause excessive noise which either annoys, disturbs, injures or dangers the comfort, repose, health, peace or safety of others.   (Ord. No. 92A, 11/10/77)  

 

Cross Reference:                      See also Section 10-309 on loud noises.

 

 

ARTICLE B

LICENSING AND VACCINATION

 

 

SECTION 4-121                     KEEPING OF DOGS RESTRICTED.

 

It is unlawful for any household to keep and maintain within the city more than two (2) dogs.  A pup shall not be considered a dog within the meaning of this section until weaned by its mother.  (Prior Code, Sec. 6-1.19)

 

SECTION 4-122                     LICENSE REQUIRED.

 

 It is unlawful for any person to keep, own, possess, harbor, or to allow to remain upon the premises under his control, within the city any dog without having paid a license.  The license fee is Five ($5.00) per year for each dog.  All licenses shall expire on April 30th of each year.  (Prior Code, Sec. 6-1.20)

 

SECTION 4-123                     CATS AND DOGS TO BE VACCINATED.

 

The owner or keeper of any dog or cat of three (3) months of age or older within the city limits shall have the dog or cat vaccinated against rabies by a licensed veterinarian every calendar year.  Owners shall affix, or have affixed to the collar or harness of each vaccinated doge or cat a metal disc with sufficient information thereon that the vaccination certificate covering the animal may be readily traced.

 

SECTION 4-124                     VACCINATION REQUIRED FOR LICENSE.

 

No license shall be issued for any dog unless the dog shall have first been vaccinated against rabies by a

veterinarian within sixty (60) days prior to the issuance of such license for the dog.  There shall be delivered To the city clerk-treasurer prior to the issuance of such license, a certificate signed by a veterinarian, duly licensed to

 

practice within the state, that the dog has been duly vaccinated, giving the date of the vaccination thereof. 

Thereafter and upon payment of the fee as provided by law, the city clerk-treasurer shall issue a license for the dog. 

(Prior Code, Sec. 6-1.21)

 

SECTION 4-125        

 

The license fee required in this chapter shall be paid annually and in advance and upon the payment of the fee.  In addition to issuing the license, the city clerk-treasurer shall issue a properly numbered metal tag to be affixed to the collar of the dog.  (Prior Code, Sec. 6-1.22)

 

SECTION 4-126                     CITY CLERK-TREASURER TO KEEP A RECORD.

 

 The city clerk-treasurer shall keep a register of all licenses issued in which shall be entered the name and

 address of the applicant, the description of the dog, the number of the license and check issued, the amount paid and the date of issuance and expiration.  (Prior Code, Sec. 6.123)

 

SECTION 4-127                     TAG TO BE ATTACHED TO COLLAR; LOST TAG.

 

The metal tag shall be securely fastened to the collar to be worn by the dog.  If any such tag is lost, the city clerk-treasurer may, on satisfactory proof thereof, and on payment of the sum of fifty cents ($00.50), issue another, and shall note such fact and number of such tag on the register, together with a memorandum of the amount paid therefore.  (Prior Code, Sec. 6-1.24)

 

SECTION 4-128                     UNLAWFUL TO REMOVE TAG.

 

It is unlawful and an offense for any person to remove any tag from the collar of any dog without the owner's consent.  (Prior Code, Sec. 6-1.24)

 

SECTION 4-129                     DOGS NOT TO RUN AT LARGE, IMPOUNDING.

 

It is unlawful and an offense for any person to permit a dog, possessed, kept or harbored by him to run at large on the streets, alleys, or public places, or on private premises not under the control of the owner, within the city whether licensed or not.  All dogs will be kept in an enclosed area or on a leash.  It is the duty of the dog catcher to take up any dog found running at large and to confine it to the city pound for forty-eight (48) hours.  The owner may redeem the dog within forty-eight (48) hours upon payment of the sum of the impound fee, and all other costs provided by the city.  The chief of police or other officer will be allowed to enter upon private property to restrain dogs violating this chapter.  In the event that the owner of any dog impounded by the city fails to pay the amount set out above and redeem the dog within forty-eight (48) hours, it is the duty of the police chief or other officer to destroy any dog not reclaimed.  However, if, in the judgment and discretion of the other officer the un-reclaimed animal should not be destroyed, then the chief of police, after the time for reclaiming such dog has expired shall sell and dispose of the dog for sums equal to the total poundage plus any liens or registration fees then due.  Before selling of any dog in this manner all dogs must be vaccinated for rabies.  (Prior Code, Sec. 6-1.25)

 

SECTION 4-130                     REPORT OF PERSONS BITTEN BY ANIMAL.

 

Any person owning or having under his control any animal who bites any person or any person who has been bitten by any animal shall forthwith notify the police department of the city giving the location and license number of the animal and the name and address of the owner thereof and the name and address of the person bitten, and failure to make such report is an offense.  (Prior Code, Secs. 6-126, 6-1.36)

 

SECTION 4-131                     OWNER TO CONFINE DOG WHICH BITES.

 

The owner of any animal who has bitten a person shall  immediately fasten up the animal and the animal shall be impounded at the city pound or in a veterinarian hospital which has been approved by the city for a period or (14) days.  The expense of such impoundment shall be paid by the owner of the animal.  If the owner cannot be located or found, or refuses to pay for the upkeep of the animal, the animal shall be destroyed at the end of fourteen (14) days as otherwise provided in this chapter.  (Prior Code, Secs. 6-1.27; 6-1.28)

 

SECTION 4-132                     PAYMENT OF FOOD AND CARE FOR IMPOUNDING DOG.

 

 The fee for the food and care of any animal confined in the city pound under this chapter shall be set by the city council by motion or resolution.  Before any dog shall be redeemed the full cost of the food and care shall have been fully paid by the owner.  (Prior Code, Sec. 6-129)

 

SECTION 4-133                     ENFORCEMENT.

 

 It is the duty and responsibility of the police department of the city to enforce the provisions of this chapter.  However, the city manager may appoint a qualified person to act as dog catcher, who shall have police authority.  He shall perform such other duties as may be directed by the city manager.  (Prior Code, Sec. 6-131)

 

SECTION 4-134                     STANDARDS FOR KENNELS

 

All kennels shall, in addition to the other requirements of this code, comply with the minimum standards of this section.  Failure to meet these standards shall be grounds for denial of a license or revocation of a license.  Standards for kennels are as follows:

 

1.         Enclosures must be provided which shall allow adequate protection against weather extremes.  Floors of buildings, runs and walls shall be of an impervious material to permit proper cleaning and disinfecting;

 

 2.        Building temperature shall be maintained at a comfortable level.  Adequate ventilation shall be maintained;

 

 3.        Each animal shall have sufficient space to stand up, lie down and turn around without touching the sides or top of cages;

 

 4.        Cages are to be of material and construction that permit cleaning and sanitizing;

 

 

 5.        Cage floors of concrete, unless radiantly headed, shall have a resting board or some type of bedding.  Bedding is to be of material that permits cleaning and sanitizing, or should be changed and disposed of daily;

 

 6.        Runs shall provide an adequate exercise area and protection from the weather.  Runs shall have an impervious surface;

 

 7.        All animal quarters and runs are to be kept clean, dry, and in a sanitary condition;

 

 8.        The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal;

 

 9.        All animals shall have fresh water available at all times; and

 

10.       All sick animals shall be separated from the rest of the animals at a distance to minimize infection of healthy animals.  (Ord. no. 290-A, 4/17/90)

 

 

SECTION 4-135                     STANDARDS FOR PET SHOPS

 

All pet shops, including pet shops operated in conjunction with another holding facility, shall, in addition to the other requirements of this code, comply with the minimum standards of this section.  Failure to meet these standards shall be grounds for denial of a license or revocation of a license.  Standards for pet shops are as follows:

 

1.         There shall be available hot water at a minimum temperature of one hundred sixty degrees (160) for washing cages and disinfecting, and cold water easily accessible to all parts of the shop.  Fresh water shall be available to all species at all times.  Containers are to be cleaned and disinfected each day;

 

2.         The room temperature of the shop shall be maintained at a level that is healthful for every species of animal kept in the shop; and

 

3.         All cages and enclosures are to be of a non-porous material for easy cleaning and disinfecting.  Each cage must be of sufficient size that the animal will have room to stand, turn and stretch out to his full length.

(Ord. No. 290-A 4/17/90)

 

SECTION 4-136                     REVOCATION OF LICENSES.

 

A.        The animal control authority may revoke any kennel license if the person holding the kennel license refuses or fails to comply with this code, or any other law or regulation governing the protection and keeping of animals, including refusal to allow inspection of the animal establishment as provided in this article.

 

B.         Whenever a kennel license is revoked for cause, or pending any proceedings to contest such action, the animal control authority shall have power of entry to inspect all premises where animals are being kept and shall notify the owner in writing as to the period of time that reasonably shall be allowed for removal of animals from such premises and shall state the specific reasons for revocation.  In the event any such owner shall fail to remove such animals as directed, the animal control authority may impound such animals. 

(Ord. No. 290-A, 4/17/90)

 

SECTION 4-137                     COMPLIANCE WITH CODE.

 

A.           An animal establishment shall not sell trade or give away any doge or cat over three (3) months of age unless the dog or cat has been licensed or vaccinated as required by this code.

 

B.         An animal establishment shall cease the sale of animals when it has been determined that an animal in their care has a contagious disease.  The sale of animals can continue after certification by a veterinarian that the disease has been arrested or is of no threat to the other animals. Licenses will be revoked if an establishment sells sick/diseased animals.

 

C.        The animal control authority shall be permitted to inspect any animal establishment and all animals and the premises where such animals are kept at any reasonable time during Norman business hours to ensure compliance with all provisions of this article and the animal control code. (Ord. No. 290-A, 4/17/90)

 

 

ARTICLE C

CITY POUND

 

 

SECTION 4-140                     CITY POUND.

 

A city pound shall be provided and maintained at the expense of the city in which all animals found at large in the city contrary to this code shall be impounded.  Such pound shall be constructed in such manner as to provide shelter for all animals impounded therein, with sufficient stall to separate one breed of animal from that of another, and to separate a ferocious animal from that of another to the same breed in separate stalls; and shall be constructed out of strong material to insure the safe keeping of all animals.  Animals held of observation shall be maintained in separate stalls.  (Prior Code, Sec. 6-1.32)

 

SECTION 4-141                     POUND KEEPER.

 

A qualified person shall be approved to serve during the pleasure of the city manager as pound keeper whose duty it is to take up and impound all animals and live stock running at large contrary to the ordinances of the City, and to safely keep and dispose of all animals coming into his possession as provided by this code.  He shall provide adequate food, water, shelter and care of such animals while impounded; the pound keeper shall have full police power to pick up, impound, sell release on redemption all live stock and animals as provided by the Ordinances of the city and to destroy and bury all unredeemed dogs impounded therein, as provided by such Ordinances, and shall perform such duties as directed.  (Prior Code, Sec. 6-1.33)

 

SECTION 4-142                     DISPOSAL OF ANIMALS.

 

It is the responsibility of the pound keeper to notify the owner of any impounded animals, if such owner

 can be determined, of the fact of the impoundment of the animal and any dog not redeemed by the owner shall be killed and buried, as provided by law.  (Prior Code, Sec. 6-1.34)

 

SECTION 4-143                     MONTHLY REPORT.

 

The pound keeper shall make a written report within the first five (5) days of the month to the city manager, a duplicate of which shall be filed with the city clerk, showing:

 

            1.         By class the total number of animals received at the city pound the previous month;

 

            2.         Describing the animals;

 

            3.         Giving the name of the owner if known;

 

            4.         Giving the date received or taken up;

 

            5.         The date of redemption;

 

            6.         Those sold and the time of sale and the price received; and

 

            7.         Those destroyed.

(Prior Code, Sec. 6-1.35)

 

ARTICLE D

POULTRY AND FOWL

 

 

SECTION 4-150                     RESTRICTIONS.

 

It is unlawful and an offense for any person to keep poultry in any residential zoning except as provided in this chapter.  (Prior Code, Sec. 6-1.40)

 

SECTION 4-151                     AREA

 

No more than twelve (12) poultry may be kept in an area of enclosure having a minimum of one hundred

 (100) square feet. For each four (4) additional poultry, fifty (50) square feet of area must be provided.  In no event will more than sixteen (16) poultry be allowed on one acre.  An additional acre must be provided for each twelve (12) poultry in excess of sixteen (16).  (Prior Code, Sec. 6-1.41)

 

SECTION 4-152                     HOUSING FACILITIES; BUILDING PERMITS.

 

The owner, keeper or possessor of any poultry is hereby required to provide an enclosure which shall contain the poultry therein.  The erection of any shelter within the enclosure to provide shelter for the poultry shall be neatly built so as to conform to the buildings on the surrounding premises in neatness and appearance and in such a manner as to prevent unsanitary conditions.  A building permit shall be secured before the commencement of construction.  (Prior Code, Sec. 6-1.42)

 

SECTION 4-153                     FENCE.

 

Any keeper of poultry as provided in this chapter shall fence the area enclosure in such a manner as to

 prevent the poultry from escaping or running at large.  No poultry shall be allowed to run at large or be tethered outside an area of enclosure within the limits of the city.  The fence shall be neat in appearance and conform to the surrounding area.  (Prior Code, Sec. 6-1.43)

 

SECTION 4-154                     DETERMINATION OF AREA.

 

In determining the number of square feet in the area of enclosure, only that ground which will be actually

encompassed in the area of enclosure shall be used in arriving at the number of square feet in the area of enclosure. No area of enclosure will be closer than forty (40) feet to any dwelling designed to be used as living quarters for one or more families, and not less than one (100) feet from the nearest water well used for human consumption. 

 

 

(Prior Code, Sec. 6-1.44)

 

SECTION 4-155                       SANITATION.

 

A.        It is the duty of the keeper where the poultry are kept, to maintain and operate the shelter and premises in such a manner as to not create a health nuisance.

 

B.         Every keeper of poultry shall not allow manure to accumulate in the enclosure and/or shelter.  The enclosure and shelter shall be kept in a neat and clean manner.

 

C.        Each shelter and /or enclosure shall be sprayed with a suitable residual spray as often as in necessary to control files and other insects.

 

D.        It is unlawful to dump or place any manure or other waste, feathers, or dead poultry in the garbage cans serviced by the sanitation department of the city.  (Prior Code, Sec. 6-1.45)

 

ARTICLE E

CARE OF ANIMALS TO BE SOLD AT FLEA MARKETS, FAIRS AND STORES

 

 

 SECTION 4-160                    RESTRICTIONS.

 

It is unlawful and an offense for any person firm, corporation, or other entity to offer any animal for sale, barter, or give away at any public market, flea market, swap meet, fair, commercial store, or similar establishment (hereinafter referred to as "establishment") or for any person, firm, corporation, or other entity to provide facilities for the sale, barter, or give away of any animal except as provided in this article.  (Ord. No. 239-A, 3/20/86)

 

SECTION 4-161                     SPACE REQUIREMENTS AND RESTRAINTS.

 

A.        Cages or enclosures shall be large enough to ensure that each animal contained therein has space enough equal to a minimum of two (2) times the length of its body and sufficient space to turn about freely in a standing position using normal body movements, to stand and sit erect, and to lie in a natural position.  This requirement shall apply to each animal regardless of the number of animals within the cage or enclosure.

 

B.         Chains, ropes, or other devices used to contain animals must be of such length to allow the animal to sit erect, stand, or lie in a natural position, and to be so attached to a stake or other device as to prevent the animal from becoming entangled in or from becoming wound around the stake or other device to which the chain, rope, or other device is attached.  Animals tethered to fences along a public thoroughfare are prohibited.

 

SECTION 4-162                     SHELTER.

 

Sufficient shade shall be provided to allow all animals to protect themselves from the direct rays of the sun and sufficient shelter shall be provided to allow all animals to remain dry during rain or inclement weather.

              (Ord. No. 239-A, 3/20/96)

 

SECTION 4-163                     WATERING.

 

Fresh, non-contaminated water shall be accessible to the animals at all times.  Watering receptacles shall be kept clean and sanitary at all times.  (Ord. No. 239-A, 3/20/86)

 

SECTION 4-164                     FEEDING.

 

Animals shall not be deprived of their daily food requirements as a result of their being confined for sale, barter or give away.  (Ord. No. 239-A, 3/20/86)

 

 SECTION 4-165                    CLASSIFICATION AND SEPARATION.

 

Animals housed in the same cage or enclosure shall be maintained in compatible groups with species of their own

 kind.  (Ord. No. 239-A, 3/20/86)

 

SECTION 4-166                     SICK OR INJURED ANIMALS.

 

Animals suspected of being sick, diseased, or injured shall be removed from the premises and must receive prompt veterinary care.  (Ord. No. 239-A, 3/20/86)

 

SECTION 4-167                     DISPOSAL OF WASTE.

 

Animal waste and uneaten food must be properly disposed of.  Cages and enclosures shall be cleaned of waste as often as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and odors.  (Ord. No. 239-A, 3/20/86)

 

SECTION 4-168                     RABIES VACCINATION.

                         

Dogs, cats, and other animals requiring rabies vaccination by state law, for sale, barter, or give away shall have a current rabies vaccination certificate available for inspection.  (Ord. No. 239-A, 3/20/86)

 

SECTION 4-169                     REGULATIONS TO APPLY TO ALL ANIMALS.

 

Any owner of such establishment will provide shelters and enclosures as prescribed by this section for all animals, including large animals, for example, horses, mules, ponies, cows, goats, sheep and swine.  Such shelters and enclosures will comply with city ordinances.  (Ord. No. 239-A, 3/20/86)

 

SECTION 4-170                       RESPONSIBILITY OF OWNER OR KEEPER OF ANIMAL AND OWNER                                OCCUPANT OF ESTABLISHMENT.

 

An owner or keeper of animals, or an occupant or owner of such establishment who charges fees for, or allows to occur free, such sales, barter, or give away of animals, will be responsible for the care requirements as set forth in this section.  (Ord. No. 239-A, 3/20/86)

 

SECTION 4-171                     PENALTY.

 

Any person, firm, corporation or other entity who violates any of the provisions of this article or fails to perform any duty as set forth herein shall be guilty of an offense, and subject to a fine as provided in Section 1-108 of this code.  Each day that the violation exists or is permitted to exist constitutes a separate offense per animal.  (Ord. No. 239-A, 3/20/86)

 

ARTICLE F       PENALTY

 

Any person who violates any of the provisions of this chapter or rails to perform any duties or pay any fee as set forth herein shall be guilty of an offense and upon conviction thereof shall be fined as provided in Section 1-108 of this code, including costs.  Each day that the violation exists or is permitted to exist, and each animal causing the violation, shall constitute a separate offense.  (Prior Code, Sec. 6-1.46)

 

ARTICLE G      CATS

 

 

 

SECTION 4-185                     AUTHORITY TO SEIZE, IMPOUND CATS.

 

It is the duty of the city manager or his authorized representatives to seize and impound for the time and under the conditions hereinafter stated every abandoned cat, every vicious cat, every rabies suspected cat, every cat which is a nuisance as hereinafter provided, and every cat, either licensed or unlicensed, which is found running at large upon the streets, alleys or public places or upon private premises not under the control of the owner of such cat, and every cat the keeping or harboring of which is declared to be an offense.  (Ord. No. 359-9-96, 10/10/96)

 

SECTION 4-186                     FAILURE TO SURRENDER VIOLATING CATS.

 

It shall be unlawful to fail or refuse to deliver to the city manager or his designated representative, upon demand, any licensed cat, any vicious cat, any cat which is a nuisance, any rabies suspected cat, or any cat the keeping or harboring of which is declared to be an offense.  (Ord. No. 359-9-96, 10/10/96)

 

SECTION 4-187                     WHEN CAT CONSTITUTES A NUISANCE.

 

Any cat or cats which:

 

                                    1.         Molests passersby or passing vehicles;

 

                                    2.         Attacks other animals;

 

                                    3.         trespasses on school grounds;

 

                                    4.         Is repeatedly at large;

 

                                     5.        Damages private or public property;

 

 6.        Meows, whines, or howls in an excessive, continuous, or untimely fashion, or otherwise endangering or offending the well-being of the public without cause; or

 

7.         Overturns any garbage can or other vessel for waste products or scatters the contents of same, is a public             nuisance.  (Ord. No. 359-9-96 10/10/06)

 

SECTION 4-188                     NUISANCE CATS PROHIBITED

 

It shall be unlawful for any person to harbor keep or have possession of any cat which is a nuisance as herein     defined.  (Ord. No. 359-9-96, 10/10/06)

 

SECTION 4-189                     PROCEDURE FOR NUISANCE CATS.

 

It is the duty of the city manager or persons designated by him, upon being notified that any person claiming that a cat is a nuisance within the meaning of this article has filed a verified complaint alleging that such cat is a nuisance as herein defined, to seize and impound the cat therein described.  If the court finds that no nuisance exists, it shall ordered the cat to be surrendered to the owner or owners thereof.  If the court finds that the nuisance exists without cause, it shall order the cat destroyed as in the case of a vicious cat; however, if the owner of such cat gives good and sufficient bond in the sum of Two Hundred Dollars ($200.00) with a surety to be approved by the judge of the municipal court conditioned that such owner shall abate and prevent such nuisance, the court shall order the return of such cat to the owner thereof upon payment of the impounding fees herein specified.  Nothing in this section shall be construed to permit any cat to run or be at large except as permitted under the city ordinances.  No such cat shall be returned to the owner if the same is a vicious cat or in any event unless the same is vaccinated, registered and licensed as required by this article (Ord, No. 359-9-96)

 

SECTION 4-190                     RECLAIMING CATS.

 

A.        No person shall be entitled to reclaim any cat found to be a nuisance except as herein provided, nor shall any person be entitled to reclaim any cat found to be rabid or vicious; but the owner may reclaim any other cat seized under the terms of this article within the times and under the conditions stated herein.  After the expiration of the ten (10) day term as to every cat held under observation an not showing symptoms of rabies, and as to every other cat within forty-eight (48) hours from the time of seizure, the owner may reclaim the cat seized hereunder by submitting proof, satisfactory to the city manager or his designated representative, of his ownership of such cat and by paying any license fees then due for the current year in addition to any applicable impounding fee for any cat plus the costs of providing care and maintenance of the cat for each day since the seizure thereof.  In the event the cat reclaimed has not been vaccinated for rabies in accordance with the terms of this article, the person reclaiming it must have the cat properly vaccinated and submit proof of such vaccination to the city manager or his designated representative.  Failure to submit such proof within three (3) days will constitute a violation of this article.

 

B.         No cat shall be released without satisfactory proof of ownership and without payment of the charges herein prescribed, nor shall the payment thereof constitute any defense in any prosecution that may be instituted for violation of the terms of this article.

 

C.        No poundage shall be charged for any licensed cat surrendered to the owner on acquittal or dismissal of the charges of harboring such cat as a nuisance or as a vicious cat.  (Ord. No. 359-9-96, 10/10/96)

 

 SECTION 4-191                    UNRECLAIMED CATS.

 

At the expiration of the time within which the owner may reclaim any cat seized under the provisions of this article, it is the duty of the humane society, city manager or person designated by him, to destroy any cat not then reclaimed, and cause the body thereof to be disposed of,  however, it in the judgment and discretion of the humane society, city manager or person designated by him, the un-reclaimed animal should not be destroyed, then the humane society or city manager may, after the time for reclaiming such cat has expired, sell dispose of the cat for a sum equal to the total poundage plus any license or registration fees the due.  Before selling or disposing of any cat in this manner, all cats must be vaccinated for rabies.  (Ord. No. 359-9-96, 10/10/96)

 

SECTION 4-192                     ANIMAL WASTE.

 

The owner of every cat shall be responsible for the removal of any excreta deposited by his cat on public walks, recreation areas, or private property.  (Ord.  No. 359-9-96, 10/10/96)

 

SECTION 4-193                     VACCINATION AND LICENSING.

 

All persons possessing a cat or cats within the city limits of the city shall comply with the provisions of this section within the city limits of the city shall comply with the provisions of Section 4-123 of this code.  (Ord. No. 359-9-96, 10/10/96)

 

 SECTION 4-194                    ISOLATION.

 

The city manager or his designated representative may require or cause any cat which he has reason to believe may be infected with rabies to be confined in accordance with Section 4-184 of this code. (Ord. No. 359-9-96, 10/10/96)

             

SECTION 4-195                     RELEASE FROM POUND.

 

Whenever a cat is impounded because the same is not licensed or because it is suspected of rabies, the cat shall not be released to the owner or person making claim thereto until the city manager or his designated representative holding the cat shall be furnished with a certificate of vaccination from a veterinarian or other person legally authorized to immunize cats showing that the cat has been immunized against rabies during the calendar year, and that any applicable impounding fee for any cat plus the cost for providing care and maintenance of the cat for each day since the seizure thereof  has been paid.  (Ord. No. 359-9-96, 10/10/96)

 

SECTION 4-196                        PENALTY.

 

Any person, who shall any provisions of Sections 4-185 through 4-195 or fail to comply therewith, shall be deemed guilty of an offense.  Each day such violation exists shall be a separate offense.  Penalties as outlined in Section 1-108 of this code shall apply.  (Ord. no. 359-9-96)

 

ARTICLE H - ANIMALS:  KEEPING PROHIBITED

 

 

SECTION 4-200                       ANIMALS:  KEEPING PROHIBITED

 

A.        It is unlawful to keep, harbor, own or in any way possess within the corporate limits of the city:

 

 1.        Any warm-blooded, carnivorous or omnivorous, wild or exotic animal excluding fowl, ferrets and small rodents of varieties of varieties used for laboratory purposes and excluding exhibitions of animals maintained by a zoological park.  Any person having a current state commercial wildlife license, dated prior to October 10, 1996, will be allowed to keep and replace their animal(s) approved by their current license as long as:

 

a.         The state wildlife license remains current;

                                   

b.         No violation of state wildlife license occurs that requires the license to be revoked;

 

c.         The city sanitation requirements are met at all time;

 

d.         Animal(s) remain in the location approved b the current wildlife license;

 

 e.        Animal(s) will not be sold to a person who resides within the city limits unless that person has a current state commercial wildlife license issued prior to October 10, 1996, or that person will be keeping the animal(s) outside the city limits;

           

f.          The number of wild animals kept on property within the city limits will be in accordance with the city's current animal ordinances;

 

g.         The animal control officer will make periodic inspections of the wild animal facilities with the       city;

 

2.         Any animal having a poisonous bite;

 

3.         Any pit bull dog, provided that pit bull dogs registered within the city within ten (10) days after October 10, 1996, may be kept within the city subject to the provisions of this section.

 

B.         A pit bull dog is defined as:

 

1.         The bull terrier breed of dog;

           

2.         The Staffordshire bull terrier breed of dog;

 

3.         The American pit bull terrier breed of dog;

 

4.         The American Staffordshire terrier breed of dog.

 

 C.       The prohibition of Section 4-200 (A) (3) shall not apply to pit bull dogs registered within the city within ten (10) days after November 14, 1996.  The keeping of such dog shall be subject to the following standards:

 

1.         Leash and muzzle.  No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length.  No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside it kennel or pen, unless a person is in physical control of the leash.  Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc.  In addition, all pit bull dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals;

 

2.         Confinement.  All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided.

 

Such pen, kennel or structure must have secure sides and a secure top attached to the sides.  All structures used to confine registered pit bull dogs must be locked with a key or combination lock when such animals are within the structure.  Such structure must have a secure bottom or floor when such animals are within the structure.  Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground or less than two (20) feet.  All structures erected to house pit bull dogs must comply with all zoning and building regulations of the city.  All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition;

 

3.         Confinement indoors.  No pit bull dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition.  In addition, no such animal may be kept in a house or structure when the windows are open or when screen doors are the only obstacle preventing the dog from exiting the structure;

 

4.         Signs.  All owners, keepers or harbor's of registered pit bull dogs within the city shall within ten (10) days of the effective of this article display in a prominent place on their premises a sigh easily readable by the public using the words "Beware of Dog."  In addition, a similar sign is required to be posted on the kennel or pen of such animal;

 

5.         Insurance.  All owners, keepers or harbors of registered pit bull dogs must within ten (10) days of the effective date of this article provide proof to the animal welfare manager of public liability insurance in a single incident amount of Fifty Thousand Dollars ($50,000.00) for bodily injury to or death of any person or persons or for damage of property owned by any persons which may result from the ownership, keeping or maintenance of such animal.  Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the animal welfare manager;

 

6.         Identification photographs.  All owners, keepers or harbors of registered pit bull dogs must within (10) days of the effective date of this article provide to the animal control office two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal;

 

7.         Reporting requirements.  All owners, keepers or harbor's of registered pit bull dogs must within ten (10) days of the incident, report the following information in writing to the animal control office as required hereinafter:

 

8.         Sale or transfer of ownership prohibited.  No person shall sell, barter or in any other way dispose of a pit bull dog registered with the city to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the city;

 

9.         Animals born of registered dogs.  All offspring born of pit bull dogs registered with the city must be removed from the city within six (6) weeks of birth of such animal;

 

10.       Registration.  All pit bull dogs shall be registered by the owner with the animal welfare department of the city within ten (10) days of the effective date of this article.  No pit bull dog shall be registered by the animal welfare department in the requirements of Subsections 4-200(3)(b)(5), and 4-200(3)(b)6. are not complied with at the tie of application.  In addition to the fees required by Section 4-122 of this chapter, the additional fee of Ten Dollars ($10.00) shall be charged for each pit bull dog so registered;

                       

11.       Irr-reputable presumptions.  There shall be an Irr-rebuttable presumption that any dog registered with the city as a pit bull dog or any of those breeds prohibited by Section 4-200 of this article is in fact a dog subject to the requirements of this section; and;

 

12.       Failure to comply.  It shall be unlawful for the owner, keeper or harbor' of a pit bull dog registered with the city to fail to comply with the requirements and conditions set forth in this article.  Any dog found to be the subject of a violation of this article shall be subject to immediate seizure and impoundment.  In addition, failure to comply will result in the revocation of license of such animal resulting in the immediate removal of the animal from the city.

 

D.        Any person violation or permitting the violation of any provision of this section shall upon conviction in the municipal court be fined as provided in Section 1-1-8 of this code.  In addition to the fine imposed, the court may sentence the defendant to imprisonment for a period not to exceed thirty (30) days.  In the event the violation shall involve a registered pit bull dog or other animal covered by this section, the court shall order the registration of the subject pit bull dog revoked and the animal removed from the city.  Should the defendant owners refuse to remove the animal from the city, the municipal court judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. If the owner shall continue to refuse to remove the animal from the city, the municipal court judge shall issue any other orders necessary to carry out the intent of this section.  Each day that a violation of this article continues shall be deemed a separate offense.  In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement.

 

SECTION 4-211                     VICIOUS ANIMALS PROHIBITED.

 

 It is unlawful for any person, owner or possessor to keep a vicious animal as defined by Section 4-101 of this Code.  (Ord. No. 358-9-96, 10/10/96)

 

 SECTION 4-212                    ATTACKS PROHIBITED.

 

A.        It shall be unlawful for any person, owner or possessor to permit such animal to attach or bite any person or animal upon the premises of the person, owner or possessor.  It shall be an affirmative defense to this subsection when such premises are previously posted at each entrance to the same with prominent and conspicuous sighs warning all persons in lettering not less than two (2) inches in height, of such animal.  It is also an affirmative defense to this subsection that the use of such animal to attack or bit any person was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery or theft upon the property.

 

B.         It shall be unlawful for any person, owner or possessor to permit such animal    bite any            person        or animal not upon the premises of such person, owner or possessor.

 

 C.       For the purpose of this section, the word attack shall mean violent or aggressive physical contact.

 

 D.       The provisions of this section shall not apply to any law enforcement officer who uses or employs an animal while engaged in law enforcement activities, nor to any owner, possessor or keeper whose animal attacks or bites a person engaged in physically attacking or striking the owner, possessor or keeper.  (Ord. No. 358-9-96)

SECTION 4-213                     SUMMONS AND COMPLAINT

 A.       Any person who witnesses or has personal knowledge that an act or acts made unlawful by this article have been committed may sign a complaint against the alleged violator pursuant to the provisions of Part 6, of this code on the Municipal Court.

B.         Any police officer, animal control officer or code enforcement officer who is employed by the city is authorized to issue a summons and complaint when the officer personally observes a violation of this article.

 C.       The complainant shall provide a sworn complain to the officer receiving the complaint containing   the following information:

 

  1.       Name, address and telephone number of the complainant and other witnesses to the incident;

 

  2.       Date, time and location of the incident;

 

  3.       Description of the animal;

 

  4.       Name, address, and telephone number (if known) of the animal owner;

 

  5.       A statement that the animal attacked the complainant or some other person or animal as witnessed by the complainant; and

 

  6.       Other facts and circumstances of the incident.

(Ord. No. 358-9-96, 10/10/96)

 

SECTION 4-214                     IMPOUNDMENT.

 

 It shall be the duty of the city manager or his designated representative, upon receipt of a verified complaint as outlined in Subsection A or B of Section 4-213, to cause the animal involved to be impounded pending a determination as required by this chapter.  Any and any expenses associated with the impounding including shelter, food, handling and veterinary care shall be born by the owner of such animal during the period of impoundment.  (Ord. No. 358-9-96, 10/10/96)

           

SECTION 4-215                     HEARING.

 

The municipal judge, in addition to any hearings which may be required on criminal charges, shall hold a hearing within ten (10) days of the impoundment to determine if the animal is vicious as defined by this chapter.  The hearing may be held in conjunction with any criminal proceedings if so ordered by the judge but in no event shall this delay the hearing on determination of viciousness. (Ord. No. 358-9-96, 10/10/96)

 

SECTION 4-126                     DETERMINATION.

 

The municipal judge shall be empowered to make one of the following determinations as a result of the hearing:

 

1.         That the animal is in fact not vicious in which event the city manager shall cause it to be surrendered to the owner of the animal, upon payment by the owner of the expenses outlined in Section 4-214;

 

2.         That the animal is in fact vicious and should be destroyed;

 

3.         That the animal is vicious by that for good cause shown, the animal should not be destroyed in which e vent the judge shall order one of the following:

 

a.         That the animal be immediately removed from the corporate limits of the city and not to ever be again be allowed within the corporate limits of the city and the owner give good an sufficient bond in the amount of Two Hundred Fifty Dollars ($250.00) and pay all fees required by Section 4-213.

 

b.         That the owner be allowed to maintain the vicious animal within the corporate limits of the city under the following conditions:

 

                        (1)        Payment of all fees require by Section 4-214.

 

                        (2)        Leash and muzzle.  No person shall permit an animal covered by this section to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four (4) feet in length.  No person shall permit the animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash.  Such animal may not be leashed to inanimate objects such as trees, posts, buildings, etc.  In addition, all animals on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such an animal from biting persons or other animals;

 

                        (3)        Confinement.  All animals covered by this section shall be securely confined indoors r in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided.  Such pen, kennel or structure must have secure sides and a secure top attached locked wit a key or combination lock when such animals are within the structure.  Such structure must have a secure bottom or floor attached to the sided of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet.  All structures erected to house the animals must comply with all zoning and building regulations of the city.  All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition;

 

                        (4)        Confinement indoors.  No animal covered by this section may be kept on a porch, patio, or in any part of a house or structure that would allow the animal to exit such building on its own volition.  In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure;

 

                        (5)        Signs.  All owners, keepers or harborers of animals covered by this section within the city shall display in a prominent place on their premises a sigh easily readable by the public using the words "Beware of Vicious Animal."  In addition, a similar sign is required to be posted on the kennel or pen of such animal; and;

 

                          (6)      Insurance.  All owners, keepers or harborers of animals covered by this section must provide proof to the animal control officer of public liability insurance in a single incident amount of Fifty Thousand Dollars ($50,000.00) for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal.  Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the animal control officer.

 

4.         All owners, whose animal is adjudged to be vicious at the hearing, and sentence imposed by the municipal judge pursuant to this section, upon written demand, may appeal the judge's decision with ten(10) days to the district court of the county where a trial in the district court shall be accorded them de novo.  All such appeals shall comply with the procedures of Section 6-138 of the municipal code.

(Ord. No. 358-9-96, 10/10/96)

 

SECTION 4-217                           VIOLATION AND PENALTIES.

Any person violation or permitting the violation of any provision of this article shall upon conviction be fined not more that Two Hundred Dollars ($200.00).  In addition to the fine imposed, the court may sentence the defendant to imprisonment in the municipal jail for a period not to exceed thirty (30) days.  Each day that a violation of this article continues shall be a separate offense. (Ord. No. 358-9-96, 10/10/96)