[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:
The term "Board of Commissioners" or "board" shall mean the
Board of Commissioners of the City, as established in the 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.
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.
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."
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."
Whenever certain hours are named herein, they shall mean
standard time or daylight saving time, as may be in current use in
this City.
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.
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.
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.
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" means the State of Oklahoma.
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.
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]
A.
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.
B.
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:
(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 creating specific sewer and paving districts and other
local improvement districts or otherwise relating to specific local
improvements and special assessments therefor;
(4)
Any ordinance calling or otherwise relating to specific elections;
(5)
Any ordinance annexing territory to the City or excluding territory
as a part of the City;
(6)
Any ordinance granting any franchise, permit or other right;
(7)
Any ordinance accepting the beneficial interest in any trust created
by a trust indenture;
(8)
Any ordinance creating a trust or relating thereto;
(9)
Any ordinance approving, authorizing or otherwise relating to any
contract, agreement, lease, deed or other instrument;
(10)
Any ordinance pertaining to zoning, rezoning or a zoning map; and
any ordinance or regulations pertaining to subdivisions or approving
a subdivision plat;
(11)
Any ordinance consistent with this Code pertaining to employee retirement,
including, but not limited to, amendments to ordinances included in
this Code;
(12)
Any ordinance which is temporary although general in effect;
(13)
Any ordinance which is special although permanent in effect;
(14)
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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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:
(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," "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
(5)
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.
