[HISTORY: Adopted by the City Council of
the City of El Reno as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-12-2014 by Ord. No. 9061]
The ordinances embraced in this and the following
chapters and sections shall constitute and be designated the "Code
of Ordinances, City of El Reno, Oklahoma," and may be so cited. Such
Code may also be cited as the "El Reno Code" or "El Reno Code of Ordinances"
or "this Code."
The titles 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
original 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 titles, are amended or reenacted.
A.
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, or prescribing salaries
for City officers and employees.
(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.
(7)
Any temporary or special ordinance.
(8)
Any ordinance
adopted subsequent to June 2014.
B.
All such ordinances are hereby recognized as continuing
in full force and effect to the same extent as if set out at length
herein.
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.
All provisions of this Code and other ordinances
of the City now in effect or adopted in the future 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. Any words in any such provision
indicating that its effect is limited to the corporate limits of the
City shall be deemed to mean and include also such outlying real property
belonging to, or under the control of, the City, unless the context
clearly indicates otherwise.
A.
All ordinances passed subsequent to this Code which
amend, repeal or in any way affect this Code 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, such repealed portions may be excluded from
the Code by omission from reprinted pages. The subsequent ordinances
as numbered and printed, or omitted in the case of repeal, shall be
prima facie evidence of such subsequent ordinances until such time
that this Code and subsequent ordinances numbered or omitted are readopted
as a new Code by the City Council.
B.
Amendments to any of the provisions of this Code shall
be made by amending such provisions by specific reference to the section
number of this Code in the following language: "That section __________
of the Code of Ordinances, City of El Reno, Oklahoma, is hereby amended
to read as follows:... ." The new provisions shall then be set out
in full as desired.
C.
In the event a new section not heretofore existing
in the Code is to be added, the following language shall be used:
"That the Code of Ordinances, City of El Reno, Oklahoma, is hereby
amended by adding a section, to be numbered __________, which said
section reads as follows:... ." The new section shall then be set
out in full as desired.
It is hereby declared to be the intention of
City Council 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 shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Code, since the
same would have been enacted by the City Council without the incorporation
in this Code of any such unconstitutional phrase, clause, sentence,
paragraph or section.
A.
In compiling and preparing the ordinances for publication as the 2014 Code of the City of El Reno, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the City Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B.
In addition,
the amendments and/or additions as set forth in Schedule A attached
hereto and made a part hereof are made herewith, to become effective
upon the effective date of this ordinance.[1]
[1]
Editor’s Note: In accordance with § 1-8B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, repealed) 8-12-2014 by Ord. No. 9061” Schedule A, which contains a complete description of all changes, is on file in the City offices.
[Adopted 9-1-1972 as Ch. 1, §§ 1-3 and 1-7, of the 1972 Code]
In the construction of this Code, and of all
ordinances and resolutions passed by the City Council, the following
rules shall be observed, unless such construction would be inconsistent
with the manifest intent of the City Council:
A.
CHARTER
CITY
CITY COUNCIL or COUNCIL
CODE
COUNTY
HIGHWAY
MONTH
OATH
OWNER
PERSON
PRECEDING and FOLLOWING
ROADWAY
SIDEWALK
SIGNATURE or SUBSCRIPTION
STATE
STREET
WRITTEN or IN WRITING
YEAR
Definitions. As used in this Code, the following terms
shall have the meanings indicated:
The Charter of the City of El Reno, as ratified at a special
election held on October 23, 1962, and any amendments thereto, a copy
of which is printed in this volume.
The City of El Reno, in Canadian County, Oklahoma.
The City Council of the City of El Reno, Oklahoma.
The Code of Ordinances, City of El Reno, Oklahoma, as designated in § 1-1 of this chapter.
Canadian County, Oklahoma.
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.
A calendar month.
Includes 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."
As 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.
Shall extend and be applied to associations, corporations,
firms, partnerships 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.
Next before and next after, respectively.
That portion of a street improved, designed or ordinarily
used for vehicular traffic.
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.
Includes a mark when a person cannot write.
The State of Oklahoma.
Any highway, alley, street, avenue or public place, square,
bridge, viaduct, underpass, overpass, tunnel or causeway in the City,
dedicated or devoted to public use.
Includes any representation of words, letters or figures,
whether by printing or otherwise.
A calendar year.
B.
Word usage.
(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 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.
(2)
Gender. A word importing the masculine gender only
shall extend and be applied to females and to firms, partnerships
and corporations as well as to males, unless the context requires
otherwise.
[Amended 8-12-2014 by Ord. No. 9061]
(3)
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.
(4)
Number. Any word importing the singular number shall
include the plural, and any word importing the plural number shall
include the singular.
(5)
Officers, departments, etc. Whenever any officer,
department, 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 El Reno, Oklahoma."
(6)
"Or" may be read "and," and "and" may be read "or,"
if the sense requires it.
(7)
Statutory references. Reference to the statutes of
the State of Oklahoma means the statutes as they now are or as they
may be amended to be, and a reference to a specific year's statute
also means the comparable provision when included in future codifications
or supplementations of the statute.
(8)
Tense. Words used in the past or present tense include
the future as well as the past and present.
[Amended 5-17-1978 by Ord. No. 2316; 5-17-1978 by Ord. No. 2319; 9-15-1983 by Ord. No. 2453; 8-1-2006 by Ord. No. 4022]
A.
Whenever in this Code or in any ordinance of the City
an act is prohibited or is made or declared to be unlawful, or wherever
the doing of an act is required or the failure to do any act is declared
to be unlawful, the violation of any such provision of this Code or
any such ordinance shall be punishable by a fine or deferral fee in
lieu of a fine in an amount not to exceed $750 unless the ordinance,
or a schedule of fines approved by the Council, specifically provides
for some other penalty not to exceed a fine or deferral fee in lieu
of a fine of $750. The maximum fine or deferral fee in lieu of a fine
for traffic-related offenses relating to speeding or parking shall
not exceed $200. Each day on which any violation of this Code or of
any ordinance shall continue shall constitute a separate offense and
shall be punishable as such.
B.
When a person is convicted of a violation of this
Code or of any ordinance of the City, the cost of prosecution in the
amount of $15 shall be taxed against such person, in addition to any
fine which was imposed.
C.
There is hereby established a capital outlay fund
for the express and sole purpose of funding capital outlay needs for
the City of El Reno. There shall be a fee of $20 assessed in addition
to any other costs or fees charged on certain citations disposed of
in the municipal court except those that are voided or declined for
prosecution, or on which the defendant is acquitted. Any person convicted
of an offense, including traffic offenses, but excluding parking,
standing, and seat belt violations, punishable by a fine of $10 or
more or by incarceration or any person forfeiting bond when charged
with such an offense, shall be ordered to pay $20 as a separate fee,
which fee shall be in addition to, and not in substitution for, any
and all fines, penalties and fees otherwise provided for by law for
such offense. The revenues generated by this fee shall be deposited
in a nontransferable interest-bearing account. Expenditures may be
made from this account only for capital outlay needs for the City
of El Reno.
