[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.
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, or prescribing salaries for City officers and employees.
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 approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument.
Any temporary or special ordinance.
Any ordinance adopted subsequent to June 2014.
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.
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.
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.
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.
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.
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.
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:
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.
- CITY COUNCIL or COUNCIL
- The City Council of the City of El Reno, Oklahoma.
- 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.
- PRECEDING and FOLLOWING
- 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.
- SIGNATURE or SUBSCRIPTION
- 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.
- WRITTEN or IN WRITING
- Includes any representation of words, letters or figures, whether by printing or otherwise.
- A calendar year.
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.
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]
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.
Number. Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.
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."
"Or" may be read "and," and "and" may be read "or," if the sense requires it.
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.
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]
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.
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.
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.