PART II
CODE OF ORDINANCES
Chapter 1
GENERAL PROVISIONS*
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State law references: Oklahoma Municipal Code, 11 O.S. § 1-101 et seq.; municipal ordinances, 11 O.S. § 14-101 et seq.; enforcement and penalties for violation of municipal ordinances, 11 O.S. § 14-111.
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Sec. 1-1. How Code designated and cited.
Sec. 1-2. Definitions and rules of construction.
Sec. 1-3. Catchlines of sections; history notes and references.
Sec. 1-4. Certain ordinances not affected by Code.
Sec. 1-5. Effect of repeal of ordinances.
Sec. 1-6. Amendment to Code; effect of new ordinances; amendatory language.
Sec. 1-7. Supplementation of Code.
Sec. 1-8. Altering Code.
Sec. 1-9. Form of Code; repository; maintenance.
Sec. 1-10. Responsibility of city personnel with respect to assigned copies of Code.
Sec. 1-11. General penalty.
Sec. 1-12. Code does not affect prior offenses; rights.
Sec. 1-13. Fines recoverable by civil action.
Sec. 1-14. Ordinances in effect in outlying territory of city.
Sec. 1-15. Conflicting regulations.
Sec. 1-16. Severability of parts of Code.
Sec. 1-1. How Code designated and cited.
The provisions embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Collinsville, Oklahoma," and may be so cited. This Code may also be referred to by the shortened title "Collinsville Code."
(Code 2000, § 1-101)
State law references: Codification of municipal ordinances, 11 O.S. § 14-108; mandatory compilation of penal ordinances, 11 O.S. § 14-109.
Sec. 1-2. Definitions and rules of construction.
In the construction of this Code and of all ordinances, the following rules are observed unless the construction would be inconsistent with the manifest intent of the city commission:
City or this city. The term "city" or "this city" shall be construed as if the words "of Collinsville, Oklahoma" followed them.
City board of commissioners, commission, board of commissioners, or city commission. The term "commission", "board of commissioners" or "city commission" means the city board of commissioners.
Code. The term "Code" means the Code of Ordinances, City of Collinsville, Oklahoma, as designated in section 1-1 .
Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which the notice is given or the act is done shall be counted in computing the time, but the day on which the proceeding is to be had shall not be counted.
State law references: Computation of time, 12 O.S. § 2006; periods of time, 25 O.S. § 23.
Conjunctions. Where a provision involves two or more items, conditions, provisions, or events connected by any of the conjunctions "and," "or," "either . . . or," or "neither . . . nor," the conjunction shall be interpreted as follows, provided that in appropriate cases the terms "and" and "or" are interchangeable:
(1) The term "and" indicates that all the connected items, conditions, provisions or events shall apply.
(2) The term "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
(3) The terms "either . . . or" and "neither . . . nor" indicate that the connected items, conditions, provisions, or events shall apply singly, but not in combination.
County. The city is located in the counties of Rogers and Tulsa. The term "county" means both counties collectively when referring to the entire geographical limits of the city. When a provision of this Code refers to a specific area of the city, the term "county" means the county in which that geographical area of the city is located.
Day. A day is the period of time between any 12:00 midnight and the 12:00 midnight following.
State law references: Fractions of a day, 25 O.S. § 23.
Delegation of authority. Whenever any authority, duty or other activity is charged to a city officer or employee, it may be done as well by such person's duly appointed agent, so long as not prohibited by ordinance, Charter or the laws or constitution of the state, and so long as such officer or employee retains supervision over the discharge of the duly delegated authority, duty or activity.
Fee schedule or schedule of fees and charges. The term "fee schedule" or "schedule of fees and charges" means the official consolidated list lists included in chapter 22 that lists rates adopted by the city board for utility or other public enterprises, fees of any nature, deposit amounts, fines, penalties or other various monetary charges as determined from time to time by the city board.
Gender. A word importing one gender only shall extend and be applied to other genders and to firms, partnerships, and corporations as well.
State law references: Similar provisions, 25 O.S. § 24.
Health department and health officer. The term "health department" means the Tulsa County Health Department. The term "health officer" means the director of the Tulsa County Health Department.
Highway. The term "highway" means any street, alley, highway, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway in the city, dedicated or devoted to public use.
State law references: Similar provisions, 47 O.S. § 1-122, 69 O.S. § 222.
Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than any general provisions imposed by this Code, the provision imposing the greater restriction or regulation shall be applicable.
State law references: Similar provisions, 25 O.S. § 29.
Joint authority. All words giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers;
State law references: Similar provisions, 25 O.S. § 31.
Law. The term "law" includes applicable federal law, provisions of the constitution and statutes of the State of Oklahoma, the provisions of this Code, the provisions of other ordinances of the city, and, when appropriate, any and all rules and regulations promulgated thereunder.
Liberal construction; minimum requirements; overlapping provisions.
(1) The ordinary signification shall be applied to all words, except words of art or words connected with a particular trade or subject matter when they shall have the signification attached to them by experts in such trade or with reference to such subject matter.
(2) In all interpretations the courts shall look diligently for the intention of the city board of comissioners, keeping in view, at all times, the old law, the evil, and the remedy. Grammatical errors shall not vitiate, and a transposition of words and clauses may be resorted to when the sentence or clause is without meaning as it stands.
(3) All general provisions, terms, phrases, and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the city board may be fully carried out. In the interpretation and application of any provision of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare.
State law references: Similar provisions regarding state statutes, 25 O.S. § 29.
Mayor. The term "mayor" means the mayor of the city.
State law references: Similar provisions, 11 O.S. § 1-102(4).
Month. The term "month" means a calendar month.
State law references: Periods of time, 25 O.S. § 23.
Must. The term "must" is to be construed as being mandatory.
Nontechnical and technical words. Words and phrases which are not specifically defined shall be construed according to the common and accepted usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. Words used in the plural number may also include the singular unless a contrary intention plainly appears.
State law references: Similar provisions, 25 O.S. § 25.
Oath. The term "Oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words swear and sworn shall be equivalent to the words affirm and affirmed.
State law references: Affirmation generally, 12 O.S. § 72.
Officials or officers, etc. Whenever references are made to officers, agencies or departments by title only, i.e. clerk, city clerk, city attorney, fire chief, chief of police, etc. they shall mean the officers, agencies or departments of the city.
Ordinance. The term "ordinance" means a formal legislative act of the city board of trustees which has the force and effect of a continuing regulation and a permanent rule of conduct or government for the city.
O.S. The abbreviation "O.S." is a reference to statutes of Oklahoma as they now are or as they may be amended to be.
Owner. The term "owner" includes, applied to a building or land, any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land or vendee in possession under a land sale contract.
Person. The term "person" shall extend and be applied to an actual person, any persons, and to associations, clubs, societies, firms, partnerships, and bodies politic and corporate, or the manager, lessee, agent, servant, officer or employee of any of them, unless a contrary intention plainly appears.
Personal property. The term "personal property" shall include money, goods, chattels, things in action and evidences of debt.
State law references: Similar provisions, 25 O.S. § 26(3).
Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively.
Property. The term "property" shall include real and personal property.
Public ground, public place,or public buildings. The term "public grounds," "public places" or "public buildings" shall be construed to mean any park or open space adjacent thereto, any lake or stream, and any and every public ground, public square, public park, street or sidewalk or other public place within the city.
Resolution. The term "resolution" means a special or temporary act of the city board of trustees which is declaratory of the will or opinion of the city in a given matter, and is in the nature of a ministerial or administrative act. A resolution is not a law and does not prescribe a permanent rule of conduct or government. A resolution is less solemn or formal than an ordinance.
Right-of-way. The term "right-of-way" means any land dedicated to the city or owned by the city for public purposes. The term "right-of way" includes easements but does not include parks, playgrounds or public buildings.
State law references: Similar provisions, 47 O.S. § 1-156.
Roadway. The term "roadway" means that portion of a street improved, designed or ordinarily used for vehicular traffic.
State law references: Roadway defined, 47 O.S. § 1-158(a).
Shall, may. The term "shall" is mandatory, and the term "may" is permissive.
Sidewalk. The term "sidewalk" means any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line, intended for the use of pedestrians.
State law references: Sidewalk defined, 47 O.S. § 1-163.
Signature or subscription. The term "signature" or "subscription" includes a mark when a person cannot write.
State law references: Signature or subscription defined, 25 O.S. § 26.
State or this state. The term "state" or "this state" shall be construed to mean the State of Oklahoma.
Street. The term "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, highways, courts, places, squares, curbs and all other public ways in the city which are dedicated and open to public use.
State law references: Similar provisions, 47 O.S. § 1-122, 69 O.S. § 222.
Tenant and occupant. The terms "tenant" and "occupant," applied to a building or land, shall include any person who occupies the whole or a part of such building or land, either alone or with thers.
Tense. Words used in the past or present tense include the future as well as the past and present.
State law references: Tense, 25 O.S. § 26.
Week. The term "week" means seven days.
Year. The term "year" means a calendar year.
State law references: Similar provisions, fractions of a year, 25 O.S. § 23.
(Code 2000, § 1-102)
State law references: Similar provisions regarding meaning of terms used in and construction of state statutes, 25 O.S. § 1 et seq.
Sec. 1-3. Catchlines of sections; history notes and references.
(a) The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, or as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
(b) The history or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. Cross references, state law references and editor's notes that appear after sections or subsections of this Code or which otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect.
(c) All references to chapters or sections are to chapters or sections of this Code unless otherwise specified.
(Code 2000, § 1-103)
Sec. 1-4. Certain ordinances not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following:
(1) Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness;
(2) Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget;
(3) Any ordinance annexing territory to the city or excluding territory as a part of the city;
(4) Any ordinance granting any franchise, permit or other right;
(5) Any ordinance accepting the beneficial interest in any trust created by a trust indenture;
(6) Any ordinance approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument; and
(7) Any temporary or special ordinance.
and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
State law references: Authority of city to omit certain provisions from Code, 11 O.S. § 14-108.
Sec. 1-5. Effect of repeal of ordinances.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.
(Code 2000, § 1-104)
State law references: Repeal does not revive statutes, 25 O.S. § 32.
Sec. 1-6. Amendment to Code; effect of new ordinances; amendatory language.
(a) All ordinances passed subsequent to this Code or ordinances which amend, repeal or in any way affect this Code of Ordinances may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, the repealed portions may be excluded from this Code by omission from reprinted pages.
(b) Amendments to any of the provisions of this Code may be made by amending the provisions by specific reference to the section of this Code in substantially the following language:
Be it ordained by the Mayor and Board of Commissioners of the City of Collinsville, Oklahoma, that section ________ of the Code of Ordinances, City of Collinsville, Oklahoma, is hereby amended to read as follows: (Set out new provisions in full.)
(c) When the board of commissioners desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the Code, which the board desires to incorporate into the Code, a section in substantially the following language may be made part of the ordinance:
Section ________. Be it ordained by the Mayor and Board of Commissioners of the City of Collinsville, Oklahoma, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Collinsville, Oklahoma, and the sections of this ordinance may be re-numbered to accomplish this intention.
(d) All sections, articles, chapters or provisions of this Code desired to be repealed may be specifically repealed by section or chapter number, as the case may be.
(Code 2000, § 1-106)
State law references: Enactment of ordinances, 11 O.S. § 14-103 et seq.
Sec. 1-7. Supplementation of Code.
(a) Supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in this Code. The pages of a supplement shall be so numbered that they will fit properly into this Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this Code, all portions of this Code that have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
(c) When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances or resolutions and parts of ordinances or resolutions included in the supplemental, insofar as it is necessary to do so to embody them into a unified code. For example, the person may:
(1) Organize the ordinance material into appropriate subdivisions.
(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings and titles.
(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers.
(4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to sections ________to ________ (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated into the Code).
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinances inserted into the Code.
(d) In no case shall the person make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
State law references: Authority of city to amend and supplement Code, 11 O.S. § 14-108 et seq.
Sec. 1-8. Altering Code.
It is unlawful for any person to change or amend by additions or deletions any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with this Code in any manner whatsoever which will cause the law of the city to be misrepresented thereby.
(Code 2000, § 1-107)
Sec. 1-9. Form of Code; repository; maintenance.
Three copies of this Code shall be kept on file in the office of the city clerk, preserved in looseleaf form, or in such other form as the clerk may consider most expedient. It shall be the express duty of the clerk or his designee to insert in their designated places all resolutions, general resolutions and ordinances that indicate the intention of the city commission to make the same a part of this Code, when the same have been printed or reprinted in page form, and to extract from this Code all provisions that may be from time to time repealed by the city council.
State law references: Copies of code to be maintained in office of clerk, 11 O.S. § 14-108.
Sec. 1-10. Responsibility of city personnel with respect to assigned copies of Code.
Each city official or employee assigned a copy of this Code shall be responsible for maintaining the same and for the proper insertion of amendatory pages as received. Each such copy shall remain the property of the city and shall be turned over by the official or employee having custody thereof, upon expiration of his term of office or employment, to his successor or to the city clerk, in case he shall have no successor.
Sec. 1-11. General penalty.
(a) In this section, the term "violation of this Code" means any of the following:
(1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.
(2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.
(b) In this section, the term "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.
(c) Any person who shall aid, abet or assist in the violation of any provision of this Code or any other ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in this section.
(d) Except as otherwise provided:
(1) With respect to violations that are continuous with respect to time, each day that the violation continues is a separate offense.
(2) As to other violations, each act is a separate offense.
(e) Except as otherwise provided in this section or by state law:
(1) Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in the Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, and except as otherwise provided in this section, the violation of any provision of this Code or of any ordinance, upon conviction, shall be punished by a fine not exceeding $750.00 or imprisonment not exceeding 60 days, or both fine and imprisonment.
(2) The violation of provisions of this Code regulating the pretreatment of wastewater and stormwater discharges, upon conviction, shall be punished by a fine not exceeding $1,000.00 or imprisonment not exceeding 90 days, or both fine and imprisonment.
(3) The violation of provisions of this Code regarding alcohol- or drug-related traffic offenses, upon conviction, shall be punished by a fine not exceeding $800.00 or imprisonment not exceeding six months, or both fine and imprisonment; provided that $50.00 of each alcohol fine or deferral fee by the city shall be used to defray costs for enforcement of laws relating to juvenile access to alcohol, other laws relating to alcohol and other intoxicating substances, and traffic-related offenses involving alcohol or other intoxicating substances.
(4) The violation of traffic offenses under this Code regarding speeding or parking, upon conviction, shall be punished by a fine not exceeding $200.00; provided, however, that convictions of violating the posted speed limit by no more than ten miles per hour upon any portion of the National System of Interstate and Defense Highways, federal-aid primary highways, and the state highway system which are located on the outskirts of any municipality as determined in 27 O.S. § 2-117 shall not exceed a fine of $10.00 or court costs of $15.00.
(5) Except as provided in 11 O.S. § 14-111, in all cases before the municipal court, the court may impose court costs, not to exceed $25.00 plus the fees and mileage of jurors and witnesses.
(f) Any person fined for violation of a municipal ordinance who is financially able but refuses or neglects to pay the fine or costs may be compelled to satisfy the amount owed by working on the streets, alleys, avenues, areas, and public grounds of the municipality, subject to the direction of the street commissioner or other proper officer, at a rate per day as the governing body may prescribe by ordinance, but not less than $50.00 per day for useful labor, until the fine or costs are satisfied.
(g) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.
(h) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.
(i) No penalty, including fine and costs, shall be greater than that established by statute for the same offense.
(Code 2000, § 1-108; Ord. No. 657, 9-3-1996; Ord. No. 820, § 1, 9-15-2008)
State law references: Penalties for violation of municipal ordinances, 11 O.S. § 14-111; cancellation or denial of driving privilege for noncompliance with municipal court sentences, 11 O.S. § 14-112.
Sec. 1-12. Code does not affect prior offenses; rights.
Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the effective date of this Code.
Sec. 1-13. Fines recoverable by civil action.
All fines shall be recoverable by civil action before any court of competent jurisdiction in addition to any other method provided by law. The failure to pay a fine levied pursuant to this Code shall constitute a separate offense against the city subject to a fine as provided in section 1-11.
(Code 2000, § 1-109)
Sec. 1-14. Ordinances in effect in outlying territory of city.
All ordinances of the city now in effect within the city are hereby extended to all real property belonging to, or under the control of, the city outside the corporate limits of the city, and shall be in full effect therein, insofar as they are applicable. All ordinances of the city which shall go into effect in the future, shall also apply to, and be in full effect within the boundaries of all outlying real property, insofar as they may be applicable. Any words in any ordinance indicating that the effect of an ordinance provision is limited to the corporate limits of the city shall be deemed to mean and include also the outlying real property belonging to, or under the control of, the city, unless the context clearly indicates otherwise.
(Code 2000, § 1-110)
State law references: Municipal jurisdiction of real property and navigable streams, 11 O.S. § 22-116
Sec. 1-15. Conflicting regulations.
(a) If the provisions of different chapters conflict with each other, the provisions of each individual chapter shall control all issues arising out of the events and persons intended to be governed by that chapter.
(b) If the provisions of different sections of the same chapter conflict with each other, the provision which is more specific in its application to the events or persons raising the conflict shall control over the more general provision.
(c) If any of the provisions hereof conflict, and the conflict cannot be resolved by application of subsections (a) and (b) of this section, the more stringent regulation shall apply and the specific provision shall prevail over the general.
(Code 2000, § 1-111)
Sec. 1-16. Severability of parts of Code.
It is hereby declared to be the intention of the board of commissioners that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, or section of this Code or of any ordinance in the Code shall be declared unconstitutional, illegal or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
(Code 2000, § 1-105)