[HISTORY: Originally adopted by the City Commission as indicated in section histories. Amendments and subsequent adoptions noted where applicable.]
[Code 1985 § 1-1; Code 2005 § 1-1]
The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Cushing City Code" and may be so cited. Such Code may also be cited as the "Cushing Code."
[Code 1974 §§ 10-2 — 10-5, 20-1; Code 1985 § 1-2; Code 2005 § 1-2]
In the construction of this Code and of all ordinances and resolutions passed by the City Commission, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Commission:
- BOARD OF COMMISSIONERS, BOARD
- The term "Board of Commissioners" or "board" shall mean the Board of Commissioners of the City, as established in the Charter.
- CHARTER, CITY CHARTER
- The words "charter" or "city charter" shall mean the Charter of the City of Cushing, as ratified at an election held on July 16, 1929, as amended.
- The words "the City" or "this City" shall mean the City of Cushing in Payne County, Oklahoma.
- Reference to "this Code" or "the Code" shall mean the Cushing City Code, as designated in § 1-1 of this Code.
- 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 such notice is given or such act is done shall be excluded in computing the time, but the day on which such proceeding is to be had shall be included.
- The term "county," "the county" or "this county" shall mean Payne County, Oklahoma.
- Words used in the masculine gender include the feminine and neuter.
- The term "highway" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
- JOINT AUTHORITY
- Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.
- The word "month" shall mean a calendar month.
- Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.
- The term "oath" shall be construed to include an affirmation, and the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
- OFFICERS, AGENCIES, ETC.
- Except as otherwise specifically provided, whenever any officer, department, employee, board, commission or other agency is referred to by title alone, such reference shall be construed as if followed by the words "of the City of Cushing, Oklahoma."
- OFFICIAL TIME STANDARD
- Whenever certain hours are named herein, they shall mean standard time or daylight saving time, as may be in current use in this City.
- OR, AND
- The term "or" may be read as the term "and," and the term "and" may be read as the term "or," if the sense requires it.
- The word "owner," applied to a building or land, shall include 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.
- The word "person" shall extend and be applied to associations, corporations, firms, partnerships, fiduciaries, trusts and bodies politic and corporate as well as to individuals. Whenever used with respect to any penalty, the word "person," as applied to partnerships or associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
- PRECEDING, FOLLOWING
- The words "preceding" and "following" mean next before and next after, respectively.
- The work "roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder. In the event a highway includes two or ore separate roadways the term "roadway," as used herein, shall refer to any such roadway separately but not to all such roadways collectively.
- SHALL, WILL, MAY
- The terms "shall" and "will" shall be construed as mandatory; the term "may" shall be construed as permissive.
- The word "sidewalk" shall mean 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.
- SIGNATURE, SUBSCRIPTION
- The term "signature" or "subscription" shall include a mark, when a person cannot write, his name being written near it, and written by a person who writes his own name as a witness.
- STATE or THIS STATE
- "State" or "this state" means the State of Oklahoma.
- STATUTORY REFERENCES
- The abbreviation "O.S." shall mean the Oklahoma Statutes 2016, and such term or any other reference to the statutes of the state shall mean such statutes as now or hereafter amended, supplemented or recodified.
- The word "street" means the entire width between boundary lines of every way publicly maintained when a part thereof is open to the use of the public for purposes of vehicular travel.
- Words used in the past or present tense include the future as well as the past and present.
- WRITTEN or IN WRITING
- The term "written" or "in writing" shall be construed to include any representations of words, letters or figures, whether by printing or otherwise.
- The word "year" shall mean a calendar year.
[Code 1985 § 1-5; Code 2005 § 1-3]
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, nor 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. No provision of this Code shall be held invalid by reason of deficiency of any such catchline or in any heading or title to any chapter, article or division.
[Code 1985 § 1-6; Code 2005 § 1-4]
The history 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.
[Code 1974 § 10-8; Code 1985 § 1-8; Code 2005 § 1-5]
The editor's notes, Charter references, cross references and state law references in this Code are not intended to have any legal effect but are merely intended to assist the user of the Code.
[Code 1974 § 10-8; Code 1985 § 1-8; Code 2005 § 1-6]
The provisions of this Code shall be applicable and effective within the corporate boundaries of the City and all other territory belonging to or under the control of the City or over which the City is granted police power by virtue of the laws and constitution of the state.
[Code 1974 § 10-11; Code 1985 § 1-10; Code 2005 § 1-7]
If a court of competent jurisdiction should hold one or more sections or a part of a section of this Code or of an ordinance passed hereafter invalid, such holding shall not affect the remainder of the Code or ordinance nor the context in which such section, sections or part of a section so held invalid may appear, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section, sections or part of a section so held invalid.
[Code 1985 § 1-11; Code 2005 § 1-8]
Whenever in this Code or in other ordinances of the City or in any rule, regulation or order promulgated by any officer or agency of the City under authority duly vested in him, or it, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful, an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance of the City, or such rule, regulation or order, shall be punished by a fine not exceeding $500, plus costs. However, no penalty, including fine and costs, shall be greater than that established by statute for the same offense.
Except where otherwise provided, every day any violation of this Code or any other ordinance of the City, or any rule, regulation or order shall continue, shall constitute a separate offense.
[Code 1985 § 1-12; Code 2005 § 1-9]
No penalty imposed by and pursuant to any provision of this Code or other ordinance of the City shall interfere with the right of the City to also apply to the proper court for a mandamus, an injunction or other appropriate action against the person against whom the penalty is imposed.
[Code 1985 § 1-3; Code 2005 § 1-10]
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:
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;
Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget;
Any ordinance creating specific sewer and paving districts and other local improvement districts or otherwise relating to specific local improvements and special assessments therefor;
Any ordinance calling or otherwise relating to specific elections;
Any ordinance annexing territory to the City or excluding territory as a part of the City;
Any ordinance granting any franchise, permit or other right;
Any ordinance accepting the beneficial interest in any trust created by a trust indenture;
Any ordinance creating a trust or relating thereto;
Any ordinance approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument;
Any ordinance pertaining to zoning, rezoning or a zoning map; and any ordinance or regulations pertaining to subdivisions or approving a subdivision plat;
Any ordinance consistent with this Code pertaining to employee retirement, including, but not limited to, amendments to ordinances included in this Code;
Any ordinance which is temporary although general in effect;
Any ordinance which is special although permanent in effect;
Any ordinance the purpose of which has been accomplished; and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.
[Code 1985 § 1-4; Code 2005 § 1-11]
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.
[Code 1985 § 1-7; Code 2005 § 1-12]
Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section __________ of the Cushing City Code is hereby amended to read as follows: The new provisions shall then be set out in full as desired.
In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Cushing City Code is hereby amended by adding a section, to be numbered __________, which such section reads as follows: The new section shall then be set out in full as desired.
All sections, articles, chapters or other provisions desired to be repealed shall be specifically repealed by section, article, chapter or other number as the case may be.
[Code 1985 § 1-9; Code 2005 § 1-13]
By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the City Commission. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the City Commission or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code, and shall also include all amendments to the Charter during the period. The pages of the supplement shall be so numbered that they will fit properly into the 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.
In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
When preparing a supplement to this Code, the codifier [meaning the person, agency or organization authorized to prepare the supplement] may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
Organize the ordinance material into appropriate subdivisions;
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;
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;
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," "this title," etc. as the case may be, or to "sections __________ to __________" [inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code]; and
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.