[1982 Code]
The provisions embraced in the following chapters and sections
shall constitute and be designated the "Code of Ordinances, City of
Tahlequah, Oklahoma," and may be so cited.
[Prior Code, Secs. 10-1 — 10-4]
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 Council:
Shall be construed as if the words "of Tahlequah, Oklahoma,"
followed them.
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.
The City Council of Tahlequah.
The County of Cherokee, Oklahoma.
A word importing one gender only shall extend and be applied
to other genders and to firms, partnerships, and corporations as well.
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.
Includes applicable Federal law, provisions of the constitution
and statutes of the State of Oklahoma, the ordinances of the City,
and, when appropriate, any and all rules and regulations promulgated
thereunder.
The Mayor of the City.
A calendar month.
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.
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.
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."
"Or" may be read "and," and "and" may be read "or," if the
sense requires it.
Whenever reference is made to officers, agencies or departments
by title only, i.e., "Clerk," "City Clerk," "City Attorney," "Fire
Chief," "Chief of Police," and so on, etc., they shall mean the officers,
agencies or departments of the City.
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.
Next before and next after, respectively.
Shall include real and personal property.
A signature or subscription includes a mark when a person
cannot write.
Shall be construed to mean the State of Oklahoma.
References to statutes of the State of Oklahoma means the
statutes as they now are or as they may be amended to be.
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.
Words used in the past or present tense include the future
as well as the past and present.
Shall be construed to mean seven days.
Shall mean a calendar year.
[1982 Code]
The catchlines of sections in this Code are printed in capital
letters and citations included at the end of sections are intended
to indicate the contents of the section and original historical source
respectively, and shall not be deemed or taken to be titles and official
sources of such sections; nor as any part of the section, nor, unless
expressly so provided, shall they be so deemed when any of the sections,
including the catchlines, or citations, are amended or reenacted.
[1982 Code]
A.
The repeal of an ordinance shall not revive any ordinances in force
before or at the time the ordinance repealed took effect.
B.
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.
[Prior Code, Sec. 10-7]
It is hereby declared to be the intention of the Council that
the sections, paragraphs, sentences, clauses and phrases of this Code
are severable, and if any phrase, clauses sentence, paragraphs 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 or ordinance.
[1982 Code]
A.
All ordinances passed subsequent to this Code or ordinances which
amends 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:
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Be it ordained by the City Council of the City of Tahlequah,
Oklahoma, that Section of the code of ordinances of the City of Tahlequah,
Oklahoma, is hereby amended to read as follows: (set out new provisions
in full).
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C.
When the Council 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:
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Section _____ Be it ordained by the City Council of
the City of Tahlequah, Oklahoma, that the provisions of this ordinance
shall become and be made a part of the code of ordinances of the City
of Tahlequah, Oklahoma, and the sections of this ordinance may be
re-numbered to accomplish this intention.
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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.
[1982 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. Any person violating this Section shall be punished as provided in Section 1-108 of this Code.
[Ord. 589, 10-6-1980; amended by Ord. 616, 3-1-1982; Ord. 695, 11-2-1987]
A.
Except as otherwise provided by State law, 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, the violation of any provision of this Code
or of any ordinance, upon conviction, shall be punished by a fine,
including costs, of not more than $200 or by imprisonment for not
more than 30 days, or both such fine and imprisonment. Each day or
any portion of a day during which any violation of this Code or of
any ordinance shall continue shall constitute a separate offense.
B.
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.
C.
The Municipal Court of the City may assess as court costs in any
case filed in that court a sum not to exceed $15 or the maximum allowed
by State law, whichever is greater.
D.
In the event of a conflict between the statutes of the State and
this Section wherein it appears that the statutory maximum penalty
for violation of the State statute does not equal or exceed the sum
of $70 or imprisonment not exceeding 30 days or both the fine and
imprisonment, the maximum fine and imprisonment as fixed by the State
statute for that particular offense shall be the maximum fine and
imprisonment for violation of the City ordinance having to do with
the same offense.
E.
Any person fined for violation of a Municipal ordinance of the City
who is financially able but refuses or neglects to pay the fine or
court costs may be compelled to satisfy the amount owed by working
on the streets, alleys, avenues, areas, public grounds and buildings
of the City under the direction of the Street Commissioner or other
proper officer.
[1982 Code]
All fines shall be recoverable by civil action before any court
of competent jurisdiction in addition to any other method provided
by law.
[Prior Code, Sec. 10-6]
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.
[Prior Code, Sec. 10-5]
The Official Seal of this City shall have in the center the
coat of arms of this State, and in a circular band surrounding this
device shall be the words "City of Tahlequah, Cherokee County, Oklahoma."
[Prior Code, Sec. 10-9]
It is unlawful for any person to knowingly, wilfully or wrongfully
interfere with the City in the exercising of its property rights,
or to hinder and delay the City in making use of its property whether
real or personal.
