Title 27 -Penal Code

Transcription

Title 27 - Penal Code
Ch. 1, Pg. 1
Supp.20 (7/1/09)
TITLE 27
PENAL CODE
CHAPTER 1.
CHAPTER 2.
CHAPTER 3.
CHAPTER 4.
CHAPTER 5.
CHAPTER 5-A.
CHAPTER 6.
CHAPTER 7.
CHAPTER 8.
CHAPTER 9.
CHAPTER 10.
CHAPTER 11.
CHAPTER 12.
CHAPTER 13.
CHAPTER 14.
CHAPTER 15.
CHAPTER 16.
CHAPTER 17.
CHAPTER 18.
CHAPTER 19.
CHAPTER 20.
CHAPTER 21.
CHAPTER 22.
CHAPTER 23.
CHAPTER 24.
CHAPTER 25.
CHAPTER 26.
CHAPTER 27.
CHAPTER 28.
WORDS AND PHRASES
GENERAL PROVISIONS
OFFENSES AGAINST PUBLIC JUSTICE
OFFENSES AGAINST THE PERSON
OUTRAGING PUBLIC DECENCY
ADULT MOTION PICTURE ARCADES
PROSTITUTION
PUBLIC INTOXICATION - PENALTY
GAMBLING
INTOXICATING LIQUORS
REPEALED (Ord. No. 17650)
RAILROADS
STREETS AND SIDEWALKS
DISTRIBUTION OF HANDBILLS AND CIRCULARS
DISTURBING THE PEACE
WEAPONS
HOTELS, MOTELS AND ROOMING HOUSES
PICKETING
PUBLIC PROPERTY
FALSE PRETENSES AND FRAUDS
LARCENY
PRIVATE PROPERTY
PUBLIC PROTECTIONS
RESTRICTED USE OF WATER IN TIMES OF
SHORTAGES
CORPORATE DEFENDANTS
DANGEROUS SUBSTANCES
FALSE ALARMS
PRECIOUS METAL AND GEM DEALERS
CURFEW HOURS FOR JUVENILES
CHAPTER 1
WORDS AND PHRASES
Section 100. Penal Code.
Section 101. Terms to Have Meanings Specified Unless Different Meaning
Appears.
Section 102. General Words and Phrases Defined.
Section 103. Gender.
01.1, Pg.2
Supp. 20 (7/1/09)
Section 104. Person as Designating Party Whose Property May Be Subject
of Offense.
Section lOS. Present and Future Tense; Singular and Plural References.
Section 106. Writing Includes Printing.
SECTION 100.
PENAL CODE
This title may be cited as the "Penal Code of the City of Tulsa, Oklahoma."
SECTION 101.
TERMS TO HAVE MEANINGS SPECIFIED UNLESS
DIFFERENT MEANING APPEARS
The terms defined in this code shall, for the purposes of this code, have the
meanings respectively ascribed to them except when a different sense plainly appears.
Terms which are not defined in this code shall have their ordinarily accepted
meanings or such as the context may imply.
SECTION 102.
GENERAL WORDS AND PHRASES DEFINED
A.
Knowingly. The term "knowingly," when employed, imports only a
knowledge that the facts exist which bring the act or omission within the provisions of
this code; it does not require any knowledge of the tmlawfulness of such act or omission.
B.
Negligence. The terms "neglect," "negligence," and "negligently," when
employed, import a want of such attention to the nature or probable consequences of the
act or omission as a prudent man ordinarily bestows in acting in his own concerns.
C.
Offense. The doing of any of the acts or things which are prohibited by
any provisions of this code or the failure or refusal to do any act which is' commanded
to be done as more fully specified and set forth in this code is hereby declared to be an
offense against the good order, public peace, morals, public justice, health and safety of
the City of Tulsa, Oklahoma. Every act which is declared to be unlawful is also hereby
declared to be an offense.
D.
Peace Officer. The term "peace officer" signifies any sheriff, health officer,
constable, policeman or fire marshal or any other officers whose duty it is to enforce and
preserve the public peace, safety and welfare.
E.
Person.
The word "person" signifies every natural person, firm,
partnership, association or corporation.
F.
Personal Property.
The term "personal property" includes every
description of money, goods, chattels, effects, evidences of right in action and written
Ch. 1, Pg. 3
Oil /1997)
instruments by which any pecuniary obligation, right or title to personal property is
created or acknowledged, transferred, increased, defeated, discharged or diminished.
G.
Property. The term "property" includes both real and personal property.
H.
Real Property. The term "real property" includes every estate, interest and
right in lands, tenements and hereditaments.
I.
Signature. The term "signature" includes any name, mark or sign, written
with the intent to authenticate any instrument or writing.
J.
Willfully. The term "willfully" when applied to the intent with which an
act is done or omitted, implies simply a purpose or willingness to commit the act or the
omission referred to.
SECTION 103.
GENDER
Words used in the masculine gender comprehend as well as the feminine gender
and neuter.
SECTION 104.
PERSON AS DESIGNATING PARTY WHOSE PROPERTY
MAY BE SUBJECT OF OFFENSE
Where the term "person" is used in this code to designate the party whose
property may be the subject of any offense, it includes this City, the state of Oklahoma
or any other state, government or country which may lawfully own any property within
the City of Tulsa and all public and private corporations or joint associations, as well as
individuals.
SECTION 105.
PRESENT AND FUTURE TENSE; SINGULAR AND
PLURAL REFERENCES
Words used in the present tense include the future; the singular number includes
the plural, and the plural includes the singular when used in this code.
SECTION 106.
WRITING INCLUDES PRINTING
The term "writing" includes printing.
Ch. 2, Pg. 1
(1/1/1997)
CHAPTER 2
GENERAL PROVISIONS
Section 200.
Section 201.
Section 202.
Section 203.
Section 204.
Section 205.
SECTION 200.
General Penalty.
Fines Though Not Prescribed.
Persons Liable to Punishment.
Aiding and Abetting.
Conspiracy.
Limitations of Actions.
GENERAL PENALTY
The intent of this section is to provide a punishment for the commission of any
offense as herein defined.· Each and every person who shall commit an offense, as
defined in this code shall, upon each and every conviction thereof, be punished by a fine
of not more than FIVE HUNDRED DOLLARS ($500.00), excluding costs, and
imprisonment in the City Jail for a period of not more than ninety (90) days. The
provisions of this section shall not apply where a different penalty is prescribed fully
and adequately.
Ord. No. 15821
SECTION 201.
FINES THOUGH NOT PRESCRIBED
Upon a conviction for any offense punishable by imprisonment in the City Jail,
in relation to which no fine is herein prescribed, the Judge of the Municipal Court may
impose a fine on the offender not exceeding FIVE HUNDRED DOLLARS ($500.00),
excluding costs, in addition to the imprisonment prescribed.
Ord. No. 15821
SECTION 202.
PERSONS LIABLE TO PUNISHMENT
-
A.
All persons who commit, in whole or in part, any violation of this code or
aid or abet in the commission of any violation of the same are liable to punishment
under this code, except those persons belonging to any of the following classes, to-wit:
1.
Children under the age of seven (7) years;
2.
Children over the age of seven (7) years but under the age of fourteen (14)
years, in the absence of proof that at the time of committing the act of neglect charged
against them, they knew of its wrongfulness;
3.
Idiots;
Ch. 2, Pg. 2
(1/1/1997)
4.
Lunatics, insane persons and all persons of unsound mind, including
persons temporarily or partially deprived of reason, under proof at the time of
committing the act charged against them, they were incapable of knowing its
wrongfulness;
5.
Persons who commit an offense under ignorance or mistake of fact, which
disproves any criminal intent; however, ignorance of the Revised Ordinances of the City
of Tulsa shall not excuse any person from punishment for his violation;
6.
Persons who commit the act charged without being conscious thereof; and
7.
Persons who commit an offense while under involuntary subjection to the
power of superiors.
No act committed by any person while in a state of voluntary intoxication,
either from liquors or drugs, shall be deemed less of an offense by reason of his being
in such condition.
B.
SECTION 203.
AIDING AND ABETTING
All persons who shall give aid, comfort or refuge to any person in the commission
of an offense, whether they directly commit the same or not and whether present or not,
shall be guilty of an offense.
SECTION 204.
CONSPIRACY
Any two (2) or more persons assembled or who shall assemble with the intent to
mutually agree to do any unlawful act with force or violence and shall make any
movement therefor against the property of the City of Tulsa or the person or property
of another person shall be guilty of an offense.
SECTION 205.
LIMITATIONS OF ACTIONS
Amended and recodified as Title 33, Chapter 1, Section 107, TRO by Ordinance
No. 17471.
Ch. 3, Pg. 1
Supp. 6 (1/1/00)
CHAPTER 3
OFFENSES AGAINST PUBLIC JUSTICE
Section 300.
Section 301.
Section 302.
Section 303.
Section 304.
Section 305.
Section 306.
Section 307.
Section 308.
Section 309.
Section 310.
SECTION 300.
Resisting Officers.
Impersonating Officers.
Failure to Assist Officers.
Abusing Police Dogs or Police Mounts.
Contempt - Direct and Indirect.
Setting Prisoners Free.
Escapes.
Conveying Instrument for Escape.
Communicating with Prisoners.
Penalty.
False Statements to the City Council
RESISTING OFFICERS
It shall be unlawful and an offense for any person to willfully obstruct, resist,
oppose, delay or interfere with any peace officer, member of the Police Department of
the City ofTulsa, any special police officer of the City of Tulsa, any person called to the
assistance of any member of the Police Department, or other person having such police
powers, while in the discharge or attempted discharge of any duty of their respective
offices, by means including but not limited to the following:
A.
Physically, by act or omission;
B.
Refusing to stop at the command of an officer attempting to effect an arrest
of the person commanded to stop;
C.
Vocalizing or otherwise making loud noise, which repeatedly delays an
officer in the performance of any official duty, after first being warned that continuing
the conduct constitutes an offense under the substance of this section;
D.
Communicating or causing to be communicated any false or intentionally
misleading statement or information, regardless of form, to an officer investigating any
offense or attempting service of a warrant or other process;
E.
Providing false or intentionally misleading information identifying oneself
after being arrested, while a warrant for one's arrest is outstanding, or while wanted and
subject to arrest on probable cause for the commission of any offense;
F.
Refusing or failing to provide a current, full, true, and correct name, date
of birth and residence address for the issuance of a citation or after being arrested;
Ch.3,Pg.2
Supp. 6 (1/1/00)
G.
Words or conduct which create a clear and present danger of unlawful
physical harm to any person or which tends to incite an immediate breach of the peace.
It shall constitute an affirmative defense to a violation of this section if the
conduct of the defendant constituted solely protected speech, including criticism, dissent
or protests directed at an officer or any manifestation of government.
Ord. No. 19605
SECTION 301.
IMPERSONATING OFFICERS
A.
Impersonating Officers. It shall be an offense for any person to
impersonate or falsely represent himself to be a peace officer of the City of Tulsa or to
exercise or attempt to exercise any of the duties, functions or powers of a peace officer
without being duly and legally authorized.
B.
Unauthorized Wearing of Insignia Prohibited. No person other than a
duly authorized enforcement officer shall wear the official badge, insignia or uniform
of the Tulsa Police Department or shall bear firearms or assume the authority of a duly
authorized enforcement officer.
C.
Wearing of Similar Uniform or Insignia Prohibited. No person shall
impersonate an officer of the Tulsa Police Department by wearing an insignia, badge or
uniform which is likely to be confused with the official uniform of the Tulsa Police
Department.
D.
Penalty. Every person convicted of violation of any of the provisions of
this section shall be guilty of an offense and upon conviction thereof, shall be punished
by imprisonment in the City Jail for a period of not more than thirty (30) days and/ or
by a fine of not more than ONE HUNDRED DOLLARS ($100.00), excluding costs.
Ord. No. 7188
SECTION 302.
FAILURE TO ASSIST OFFICERS
It shall be an offense for any person to refuse or neglect to assist any peace officer
in making an arrest, when so requested by such officer, to help preserve the peace or
prevent the escape of a person charged with an offense.
SECTION 303.
ABUSING POLICE DOGS OR POLICE MOUNTS
A.
It shall be an offense for any person to willfully or maliciously torture,
torment, beat, kick, strike, mutilate, injure, disable, harass, tantalize or kill any dog used
by the Police Department in the performance of any of the functions or duties of the
Department or of any officer or member thereof.
Ch. 3, Pg. 3
Supp. 6 (1/1/00)
B.
"Police mount" is defined as a horse used by the Police Department in the
performance of any of the duties or functions of the Department or of any officer or
member thereof. It shall be an offense for any person to willfully or maliciously, kill,
torture, torment, beat, kick, strike, mutilate, injure, disable, harass, release a secured
mount, take control or ride a police mount used by the Police Department in the
performance of any of the duties or functions of the Department or of any officer or
member thereof.
Any person who shall commit a violation of any of the provisions of this
C.
section shall be guilty of an offense and upon conviction thereof be punished by a fine
or not more than FIVE HUNDRED DOLLARS ($500.00), excluding costs, and/or by
imprisonment in the City/County Jail for ninety (90) days.
Ord. No. 16808
SECTION 304.
CONTEMPT - DIRECT AND INDIRECT
A.
Contempt of Court shall be divided into direct and indirect contempt.
1.
Direct contempt shall consist of:
a.
Disorderly or insolent behavior committed during the session of the
Court and in its immediate view and presence;
b.
The unlawful and willful refusal of any person to be sworn as a
witness;
c.
or
The refusal of any person to answer any legal or proper question;
d.
Any breach of the peace, noise or disturbance so near to the Court
as to interrupt its proceedings.
2.
Indirect contempt of Court shall consist of:
a.
Willful disobedience of any process or order lawfully issued or
made by. Court; or
b.
Resistance willfully offered by any person to the execution of a
lawful order or process of a Court.
In all cases of indirect contempt, the party charged with contempt shall be notified
in writing of the accusation and shall have a reasonable time for defense. The party so
charged, upon demand, shall have a trial by jury.
Ch. 3, Pg. 4
Supp. 6 (1/1/00)
B.
Every person convicted of violating this section shall be punished by a fine
of not more than FIVE HUNDRED DOLLARS ($500.00), excluding costs, fees and
assessments or by imprisonment in the City Jail for a period of not more than six (6)
months, or by both such fine and imprisonment.
Ord. Nos. 15821, 19605
SECTION 305.
SETTING PRISONERS FREE
It shall be an offense for any person by the use of force, fraud, deception or
diversion to set or attempt to set at liberty any prisoner or prisoners while in the lawful
custody of police or court authorities.
SECTION 306.
ESCAPES
It shall be an offense for any person lawfully confined in any capacity whatsoever
by the Tulsa Police Department or in custody of a court official by the direction of a
Judge of the Municipal Court to escape or attempt to escape such custody.
SECTION 307.
CONVEYING INSTRUMENT FOR ESCAPE
It shall be an offense for any person to conveyor attempt to convey to any other
person in custody of the Tulsa Police Department or in custody of a court official by the
direction of a judge of the Municipal Court any instrument or anything suitable or useful
to facilitate the escape of such confined person, whether such escape be effected or not.
SECTION 308.
COMMUNICATING WITH PRISONERS
It shall be an offense for any person to communicate with or to visit any person
confined in the City Jail or to attempt to communicate with or to visit such person
without the permission of the Chief of Police, City Jailer or Municipal Judge.
SECTION 309.
PENALTY
Unless otherwise provided for in this chapter, every person convicted of violating
any provision of this chapter, excluding Sections 300 and 302, shall be punished by a fine
assessments or imprisonment in the City Jail for a period of not more than ninety (90)
days, or by both such fine and imprisonment. Any person found guilty of violating
Sections 300 and 302 shall be punished by a fine of not more than TWO HUNDRED
DOLLARS, ($200.00), excluding costs, fees and assessments.
Ord. Nos. 15821, 19605
Ch. 3, Pg. 5
SECTION 310.
Supp. 18 (7/1/08)
FALSE STATEMENTS TO THE CITY COUNCIL
It shall be an offense for any person, in any manner to knowingly and willfully
falsify, conceal or cover-up by any trick, scheme or device a material fact, make any
false, fictitious or fraudulent statement or representation, or make or use any false
writing or document knowing the same to contain any false, fictitious or fraudulent
statement or entry to the City Council during a Council meeting or Committee meeting.
Any person violating the provisions of this section shall be guilty of an offense and.upon
conviction shall be punished by a fine of not more than ONE HUNDRED DOLLARS
($100.00), excluding costs and assessments, or by imprisonment in the City Jail for a
period of not more than ten (10) days or by both such fine and imprisonment.
Ord. !Vas. 18761,21746
Ch. 4, Pg. 1
Supp. 10 (1/1/02)
CHAPTER 4
OFFENSES AGAINST THE PERSON
Section 400. Assault Defined.
Section 401. Battery Defined.
Section 402. Assault, Assault and Battery, and Domestic Assault and
Battery--Punishment.
Section 403. Use of Force when Lawful.
Section 404. Aggravated Assault and Battery Defined--Penalty.
Section 405. Assault and Battery upon Police or other Law Officer-Penalty.
Section 406. Aiding, Abetting or Harboring a Runaway Child.
Section 407. Assault and Battery Upon City of Tulsa Employee--Penalty.
Section 408. Assault with Bodily Waste, Fluids or Excretions--Penalty.
SECTION 400.
ASSAULT DEFINED
An assault is any willful and unlawful attempt or offer, with force or violence, to
do a corporeal hurt to another person.
SECTION 401.
BATTERY DEFINED
A battery is any willful and unlawful use of force or violence upon the person of
another.
SECTION 402.
ASSAULT, ASSAULT AND BATTERY, AND DOMESTIC
ASSAULT AND BATTERY--PUNISHMENT
Any person who shall commit an assault shall be guilty of an offense and
A.
upon conviction shall be punished by imprisonment in the City Jail for a period not
exceeding thirty (30) days or by a fine of not more than FIVE HUNDRED DOLLARS
($500.00), excluding costs, fees and assessments, or by both such fine and imprisonment.
B.
Any person who shall commit an assault and battery shall be guilty of an
offense and upon conviction shall be punished by imprisonment in the City Jail for a
period not exceeding ninety (90) days or by a fine of not more than ONE THOUSAND
DOLLARS ($1,000.00), excluding costs, fees and assessments, or by both such fine and
imprisonment.
C.
Any person who shall commit an assault and battery against a current or
former spouse, a present spouse of a former spouse, parents, a foster parent, a child, a
person otherwise related by blood or marriage, a person with whom the defendant is in
a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an
Ch.4,Pg.2
Supp. 10 (1/1/02)
individual with whom the defendant has had a child, or a person who formerly lived
in the same household as the defendant shall be guilty of domestic abuse and upon
conviction shall be punished by imprisonment in the City Jail for a period not exceeding
six (6) months or by a fine of not more than ONE THOUSAND TWO HUNDRED
DOLLARS ($1,200.00), excluding costs, fees and assessments, or by both such fine and
imprisonment.
Ord. Nos. 18064, 19128, 19605, 20184
SECTION 403.
USE OF FORCE WHEN LAWFUL
To use or attempt to offer to use force or violence upon or toward the person of
another is lawful in the following cases:
A.
When necessarily committed by a public officer in the performance of any
legal duty or by any other person assisting him or acting by his direction;
When necessarily committed by any person in arresting one who has
committed any felony or in delivering him to a public officer competent to receive him
in custody;
B.
C.
When committed either by the party about to be injured or by any other
person in his aid or defense, in preventing or attempting to prevent an offense against
his person or any trespass or other unlawful interference with real or personal property
in his lawful possession, provided the force or violence used is not more than sufficient
to prevent such offense;
D.
When committed by a parent or the authorized agent of any parent or by
any guardian, master, or teacher in the exercise of lawful authority to restrain or correct
his child, ward, apprentice, or scholar, provided restraint or correction has been rendered
necessary by the misconduct of such child, ward, apprentice, or scholar or by his refusal
to obey the lawful command of such parent, authorized agent, guardian, master, or
teacher and the force <?r violence is reasonable in manner and moderate in degree;
E.
When committed by any person in preventing an idiot, lunatic, insane
person or other person of unsound mind, including persons temporarily or partially
deprived of reason, from committing an act dangerous to himself or to another or
enforcing such restraint as is necessary for the protection of the person or for his
restoration to health, during such period only as shall be necessary to obtain legal
authority for the restraint or custody of the person.
Ch. 4, Pg. 3
SECTION 404.
Supp. 2 (1/1/98)
AGGRAVATED ASSAULT AND BATTERY DEFINED-PENALTY
A.
An assault and battery becomes aggravated when committed under any of
the following circumstances:
1.
When great bodily inJury is inflicted upon the person assaulted and
battered; or
2.
When committed by a person of robust health or strength upon one who
is aged, decrepit, or incapacitated.
B.
Any person who shall commit an aggravated assault and battery shall be
guilty of an offense and upon conviction shall be punished by imprisonment in the City
Jail for a period not exceeding six (6) months or by a fine not exceeding FIVE
HUNDRED DOLLARS ($500.00), excluding costs, fees and assessments, or both such fine
and imprisonment.
Ord. Nos. 15821, 19128
SECTION 405.
ASSAULT AND BATTERY UPON POLICE OR OTHER
LAW OFFICER--PENALTY
Every person who, without justifiable or excusable cause, knowingly commits an
assault, battery or assault and battery upon the person of a police officer or other officer
of the law while in the performance of his duties as a police officer, shall be guilty of an
period not exceeding six (6) months or by a fine of not more than FIVE HUNDRED
DOLLARS ($500.00), excluding costs, fees and assessments, or by both such fine and
imprisonment.
Ord. Nos. 15821, 19128
SECTION 406.
AIDING, ABETTING, OR HARBORING A RUNAWAY
CHILD
A.
The term "runaway child" as used in this section shall mean any child less
than the age of eighteen (18) years who has left the custody of his parents or legal
guardian without permission to do so and who has been reported to the Police
Department or other authority as a runaway child.
B.
Every person who shall knowingly and willfully aid, abet or harbor a
runaway child shall be guilty of an offense and upon conviction shall be punished by
a fine of not more than FIVE HUNDRED DOLLARS ($500.00), excluding costs, fees and
assessments or by imprisonment in the City Jail for a period of not more than ninety (90)
days, or by both such fine and imprisonment.
Ord. Nos. 15821, 19128
Ch.4, Pg. 4
SECTION 407.
Supp. 2 (1/1 /9H)
ASSAULT AND BATTERY UPON CITY OF TULSA
EMPLOYEE--PENALTY
Every person who commits any assault, battery or assault and battery upon the
person of an employee of the City of Tulsa while in the performance of his duties as an
employee enforcing the ordinances of the City of Tulsa, shall be guilty of an offense and
exceeding six (6) months or by a fine of not more than FIVE HUNDRED DOLLARS
($500.00), excluding costs, fees and assessments, or by both such fine and imprisonment.
Ord. Nos. 16209, 19128
SECTION 408.
ASSAULT WITH BODILY
EXCRETIONS--PENALTY
WASTE,
FLUIDS
OR
Every person who willfully and knowingly throws, transfers or in any manner
places feces, urine, semen, saliva or blood upon the person of another, without the
person's consent, whether expressed or implied, shall be guilty of an offense and upon
ninety (90) days or by a fine of not more than FIVE HUNDRED DOLLARS ($500.00),
excluding costs, fees and assessments, or by both such fine and imprisonment.
Ord. No. 19128
Ch. 5, Pg. 1
Supp. 6 (1/1/00)
CHAPTER 5
Section 500.
Section 501.
Section 502.
Section 503.
Section 504.
Section 505.
SECTION 500.
Outraging Public Decency.
Definition of Nude Breast.
Exposure of Nude Breasts.
Assistance in Exposure of Nude Breasts.
Penalty.
Open Urination or Defecation-Penalty.
Every person who willfully and wrongfully commits any act which grossly injures
the person or property of another or which grossly disturbs the public peace or health
or which openly outrages public decency and is injurious to public morals is guilty of
an offense. Any person violating the provisions of this section shall be guilty of an
period not exceeding six (6) months or by a fine of not more than FIVE HUNDRED
DOLLARS ($500.00), excluding costs, fees and assessments, or by both such fine and
imprisonment.
Ord. No. 19605
SECTION 501.
DEFINITION OF NUDE BREAST
The term "nude breast" is hereby defined for the purposes of this chapter as the
nipple, including the pigmented areola portion adjacent thereto of the human body, as
viewed by any other person.
Ord. No. 14002
SECTION 502.
EXPOSURE OF NUDE BREAST
It is unlawful and an offense for any person to willfully expose, exhibit, display
or reveal his or her nude breast, either unadorned or through transparent material, while
serving food or beverage at any public place or in any establishment licensed pursuant
to the provisions of the Oklahoma Alcoholic Beverage Control Act.
Ord. No. 16354
SECTION 503.
ASSISTANCE IN EXPOSURE OF NUDE BREAST
It is unlawful and an offense for any person to willfully aid, assist or procure any
person in violating Section 502 herein.
Ch.5, Pg. 2
SECTION 504.
Supp. 6 (1/1/00)
PENALTY
Any person convicted of a violation of this chapter shall be punished by a fine of
not more than FIVE HUNDRED DOLLARS ($500.00), excluding costs, and/or
imprisonment in the City Jail for a period of not more than ninety (90) days. The
violation of each provision and each separate violation thereof shall be deemed a
separate offense and shall be punished accordingly.
Ord. No. 15821
SECTION 505.
OPEN URINATION OR DEFECATION--PENALTY
A.
Any person who shall willfully urinate or defecate in or upon any roadway,
street, highway, turnpike, parking lot, park or other place accessible to the public, or
open to being viewed by others, shall be guilty of an offense and upon conviction shall
be punished by a fine not exceeding TWO HUNDRED DOLLARS ($200.00), excluding
costs, fees and assessments.
B.
It shall not be a violation of this section for any person to urinate or
defecate within an enclosed toilet, restroom or urinal facility designed for that purpose
and not generally open to public view by members of the opposite gender, whether such
facility is accessible to the public or not.
C.
Nothing in this section shall be construed to prohibit the filing of a charge
pursuant to Section 500 of this chapter, when the facts warrant.
Ord. No. 19128
Ch. 5-A, Pg. 1
0/1/1997)
CHAPTER 5-A
ADULT MOTION PICTURE ARCADES - MANNER OF OPERATION
Section 550.
Section 551.
Section 552.
Section 553.
SECTION 550.
Purpose.
Definitions.
Adult Motion Picture Arcade - Manner of Operation.
Violations and Penalty.
PURPOSE
It has been established that the operation of an Adult Motion Picture Arcade can
result in unlawful public sexual conduct, unsanitary conditions in and around the
premises and the transmission of sexually-related diseases such as Acquired Immune
Deficiency Syndrome (AIDS), syphilis and other similar ailments unless the manner of
such operation is properly regulated. The purpose of this chapter is to regulate the
manner of operation of Adult Motion Picture Arcades in order to deter such hazards to
the public health, safety and welfare and to facilitate their detection and prevention.
Ord. No. 17089
SECTION 551.
DEFINITIONS
For the purposes of this chapter, the following terms or phrases shall have the
meanings given herein.
A.
Adult Motion Picture Arcade or Arcade shall mean any commercial
establishment which meets the following criteria:
The establishment contains one or more electrically or mechanicallyoperated machines, projectors, records or other image-producing devices of any kind
which are used to exhibit still pictures, motion pictures, video pictures or other images
distinguished or characterized by an emphasis on depicting "Sexual Conduct" or
"Specified Anatomical Areas"; and
1.
2.
The establishment contains one or more viewing areas of one hundred fifty
(150) square feet or less per image-producing device.
B.
Sexual Conduct shall include the following:
1.
The fondling or other touching of human genitals, pubic region, buttocks
or female breasts;
2.
Ultimate sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
Ch. 5-A, Pg. 2
3.
(1/1/1997)
Masturbation; and
4.
Excretory function as part of or in connection with any of the activities set
forth in paragraphs one (1) through three (3) above.
C.
Specified Anatomical Areas shall include the following:
1.
Human genitals, pubic region, buttocks and female breasts below a point
immediately above the top of the areola;
2.
Human male genitals in a discernible turgid state, even if completely and
opaquely covered.
Viewing Areas shall mean any area where a patron or customer of an
D.
"Adult Motion Picture Arcade" would ordinarily be positioned while watching an imageproducing device.
Ord. No. 17089
SECTION 552.
ADULT MOTION PICTURE ARCADE - MANNER OF
OPERATION
An "Adult Motion Picture Arcade" shall be operated in compliance with the
following regulations.
A.
The Arcade shall have a manager's station on the premises.
B.
The Arcade shall have at least one employee situated in the manager's
station at all times when any patron or customer is present on the premises.
- C.
The interior of the Arcade shall be designed in such a manner that all
portions of all viewing areas are visible from the manager's station.
D.
The view from the manager's station into the viewing areas shall at all
times be unobscured by any curtain, door, wall, merchandise, display, rack or any other
materials of any kind.
E.
No viewing area may be occupied by more than one patron or customer
at any time.
F.
The Arcade shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate all portions of all viewing areas at not less than one (1) footcandle
as measured at floor level.
Ch. 5-A, Pg. 3
G.
(1/1/1997)
No viewing area shall have any hole or opening into an adjacent viewing
area.
SECTION 553.
VIOLATIONS AND PENALTY
A.
Violations. It shall be unlawful for any person to operate or cause to be
operated any "Adult Motion Picture Arcade" in violation of any of the regulations set
forth herein. Every day that a violation exists shall constitute a separate offense subject
to the full penalty set forth herein.
B.
Penalty. Any person violating any of the provisions of this chapter shall
be guilty of an offense and upon conviction thereof shall be punished by a fine of not
more than FIVE HUNDRED DOLLARS ($500.00), excluding costs, and/or by
imprisonment in the City Jail for a period of not more than ninety (90) days.
Ord. No. 17089
Ch. 6, Pg. 1
Supp. 2 (1/1/98)
CHAPTER 6
PROSTITUTION
Section
Section
Section
Section
Section
Section
600.
601.
602.
603.
604.
605.
Prostitution and Lewdness Defined.
Place of Prostitution.
Receiving or Transporting for Purpose of Prostitution.
Procuring and Soliciting.
Engaging in Prostitution or Lewdness.
Aiding, Abetting or Participating in Prostitution, Lewdness,
or Other Prohibited Acts.
Section 606. Penalty.
SECTION 600.
Prostitution.
A.
construed to include:
PROSTITUTION AND LEWDNESS DEFINED
The term "prostitution" as used in this code shall be
1.
The giving or receIvmg of the body for sexual intercourse, fellatio,
cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her
spouse, in exchange for money or any other thing of value; or
2.
The making of any appointment or engagement for sexual intercourse,
fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his
or her spouse, in exchange for money or any other thing of value.
B.
include:
1.
Lewdness. The term "lewdness" as used in this code shall be construed to
Any lascivious, lustful or licentious conduct; or
2.
The giving or receiving of the body for indiscriminate sexual intercourse,
fellatio, cunnilingus, masturbation, anal intercourse, or lascivious, lustful or licentious
conduct with any person not his or her spouse; or
3.
Any act in furtherance of such conduct or any appointment or engagement
for prostitution.
Ord. No. 18065
SECTION 601.
PLACE OF PROSTITUTION
It shall be an offense for any person to:
Ch. 6, Pg. 2
Supp. 2 (1/1/98)
A.
Keep, set up, maintain, or operate any house, place, building, other
structure, or part thereof, vehicle, trailer, or other conveyance with the intent of
committing an act of prostitution, or lewdness; or
Knowingly own any house, place, building, other structure or part thereof,
or vehicle, trailer or other conveyance used with the intent of committing an act of
lewdness or prostitution; or to let, lease or rent or contract to let, lease or rent any such
place, premises or conveyance, or part thereof, to another with knowledge or reasonable
cause to believe that the intention of the lessee or renter is to use such place, premises
or conveyance for prostitution, or lewdness.
B.
Ord. Nos. 18065, 19128
SECTION 602.
RECEIVING OR TRANSPORTING FOR PURPOSE OF
PROSTITUTION
A.
Receive, or to offer or agree to receive, any person into any house, place,
building, other structure, vehicle, trailer or other conveyance, with the intent of
committing an act of prostitution, or lewdness, or to permit any person to remain there
with such intent;
B.
Direct, take or transport, or offer to or agree to take or transport, or aid or
assist in transporting, any person to any house, place, building, other structure, vehicle,
trailer or other conveyance, or to any other person with knowledge or having reasonable
cause to believe that the intent of such directing, taking or transporting is prostitution,
or lewdness.
.
Ord. No. 19128
SECTION 603.
PROCURING AND SOLICITING
A.
Offer or to offer to secure another with the intent of having such person
commit an act of prostitution or with the intent of having such person commit any other
lewd or indecent act; or
B.
Solicit, induce, entice or procure another to commit an act of lewdness, or
prostitution with himself or herself; or
C.
Reside in, enter or remain in any house, place, building or other structure,
or to enter or remain in any vehicle, trailer or other conveyance with the intent of
committing an act of prostitution, or lewdness; or
Ch. 6, Pg. 3
Supp. 2 (1/1/98)
D.
Knowingly accept, receive, levy or appropriate any money or other thing
of value without consideration from a prostitute or from the proceeds of any woman or
man engaged in prostitution.
Ord. No. 18065, 19128
SECTION 604.
ENGAGING IN PROSTITUTION OR LEWDNESS
It shall be an offense for any person to engage in prostitution or lewdness.
Ord. No. 19128
SECTION 605.
AIDING,
ABETTING
OR
PARTICIPATING
IN
PROSTITUTION, LEWDNESS OR OTHER PROHIBITED
ACTS
It shall be an offense for any person to aid, abet or participate in the doing of any
of the acts herein prohibited.
SECTION 606.
PENALTY
Every person violating any of the provisions of this chapter shall be guilty of an
period of not less than thirty (30) days nor more than six (6) months, excluding costs,
fees and assessments.
Ord. Nos. 15451, 19128
Ch. 7, Pg. 1
Supp. 6 (1/1/00)
CHAPTER 7
PUBLIC INTOXICATION
Section 700. Illegal Intoxication--Penalty.
SECTION 700.
ILLEGAL INTOXICATION--PENALTY
A.
Any person who shall, in any public place or in any vehicle, drink or
otherwise consume any intoxicating liquor containing more than three and two-tenths
percent (3.2%) alcohol measured by weight, except as authorized by the Oklahoma
Beverage Control Act, or any other intoxicating substance, or intoxicating compound of
any kind or inhale glue, paint or other intoxicating substance, shall be guilty of an
offense.
B.
Any person who shall be drunk or intoxicated in or upon any public or
private road, in any vehicle, any public place or building, at any public gathering, place
accessible to the public, or open to being viewed by others, from drinking or consuming
such intoxicating liquor, intoxicating substance, or intoxicating compound or from the
inhalation of glue, paint or other intoxicating substances, shall be guilty of an offense.
C.
Any person who shall be drunk or intoxicated from any cause and who
disturbs the peace of any person, shall be guilty of an offense.
D.
It shall not be a violation of Subsection B of this section for any person to
be intoxicated on the premises of a private residence with the prior express consent of
the owner or any bona fide resident.
E.
Any person found guilty of violating any offense included in this section
shall be punished by a fine of not more than TWO HUNDRED DOLLARS ($200.00),
excluding costs, fees and assessments.
Ord.
~os.
16354, 19128, 19605
Ch. 8, Pg. 1
Supp. 20 (7/1/09)
CHAPTER 8
GAMBLING AND BOOKMAKING
Section
Section
Section
Section
800.
801.
802.
803.
SECTION 800.
Betting On or Playing Prohibited Game.
Permitting Gambling Game.
Betting on Races.
Paraphernalia - Procedure Upon Confiscation.
BETTING ON OR PLAYING PROHIBITED GAME
Except as provided in the Oklahoma Charity Games Act (Title 3A, 0.5.2001,
§§ 401, et seq.), as amended, it shall be an offense for any person to bet or play at any
game whatsoever for money, property, checks, credits or other representatives of value
with cards, dice or any other device which may be adapted to or used in playing any
game of chance or in which chance is a material element. Any person convicted of a
violation of this section shall be punished by a fine of not less than TWENTY-FIVE
DOLLARS ($25.00) nor more than ONE HUNDRED DOLLARS ($100.00), excluding
costs, fees, and assessments, and/or by imprisonment in the City Jail for a period of not
less than one (1) day nor more than thirty (30) days.
Ord No. 21975
SECTION 801.
PERMITTING GAMBLING GAME
It shall be an offense for any person to permit any gaming table, bank or gaming
device to be installed or used for the purpose of gambling in any house, building, shed,
shelter, booth, lot or other premises to him belonging or by him occupied or which he
has possession of or control at the time. Any person convicted of a violation of this
section shall be punished by a fine of not less than ONE HUNDRED DOLLARS ($100.00)
nor more than TWO HUNDRED DOLLARS ($200.00), excluding costs, fees, and
assessments, and/or by imprisonment in the City Jail for a period of not less than thirty
(30) days nor more than six (6) months.
Ord No. 21975
SECTION 802.
BETTING ON RACES
Except as provided for in the Oklahoma Horse Racing Act (Title 3A, 0.S.2001,
§§ 200, et seq.), as amended, it shall be a misdemeanor offense for any person to bet or
wager upon the result of any trial of speed or power of endurance of animals or beasts.
Any person convicted of a violation of this section shall be punished by a fine of not less
than TWO HUNDRED DOLLARS ($200.00) nor more than FIVE HUNDRED DOLLARS
($500.00), excluding costs, fees and assessments, and by imprisonment in the City Jail for
a period not more than ninety (90) days.
Ord No. 21975
.
Ch. 8, Pg. 2
SECTION 803.
PARAPHERNALIA
CONFISCATION
Supp. 20 (7/1/09)
PROCEDURE
UPON
A.
Each and every table, cloth, box, gaming, gambling, betting or wagering
device, apparatus, equipment, furniture or money which is used, kept or intended to be
used for the purpose of gaming, gambling, betting or wagering in violation of this
chapter shall be and they are hereby declared to be contraband, subject to seizure and
confiscation.
B.
The Chief of Police or any officer of the Police Department shall be and
they are hereby authorized and directed to summarily abate by seizure and destruction
any of· the contraband described herein which is found upon the premises where any
such violation is being or has been committed or which is found in the possession or
under the control of any person who is violating any ordinance of the City of Tulsa on
gaming, gambling, betting or wagering; provided, however, when any furniture,
equipment or apparatus, the nature of which would permit its use for purposes other
than gambling or bookmaking be seized by such officers, it shall not be destroyed but
shall be stored by the officers and a full descriptive list of same shall be filed in the
Municipal Court of the City of Tulsa, together with a sworn statement of the officer as
to the facts surrounding its seizure and storage. It shall thereupon be the duty of the
Municipal Court to cause notice to be given to the person from whom the contraband
was seized or to the person who possesses such premises whereon the contraband was
seized. If the names of any such persons be unknown to the Court, notice shall be given
by posting notice upon the outer door of the premises. In all cases, such notice shall be
directed to the person or persons named therein or to any person claiming an interest
in the property or money, shall contain a descriptive list of all contraband seized and
shall notify the person to appear at a hearing on a certain date, not less than three (3)
days from the date of such notice, and to show cause, if any, why the contraband should
not be sold at public auction or, in the case of moneys, paid into the General Fund of
the City of Tulsa.
C.
At such hearing, the Court shall determine if the furniture, fixtures,
equipment and money sought to be classified as contraband is in fact contraband as
defined herein. If classified as contraband, the Court shall order the furniture, fixtures
and equipment sold by the Police Department of the City of Tulsa at a public auction
to the highest bidder for cash and the proceeds therefrom paid into the General Fund
of the City of Tulsa. If determined by the Court that any of the money seized was at the
time of the seizure being kept, used or intended to be used by the persons named in the
notice or by any other person in violation of this chapter, the Court shall order it
confiscated as contraband and forfeited to the General Fund of the City of Tulsa.
D.
The confiscations and forfeitures as provided by this section shall be in
addition to any and all fines and/or other penalties or sentences imposed upon the
owners of the confiscated contraband.
Ord No. 21975
Ch.9, Pg. 1
(Supp.18 7/1/08)
CHAPTER 9
INTOXICATING LIQUORS
Section 900. Definitions.
Section 901. Permitting Intoxicated Persons to Remain in Cafe, Restaurant
or Place of Recreation.
Section 902. Possession of Alcoholic Beverage by a Minor.
Section 903. Misrepresentation of Age.
Section 904. Consumption. or Possession of Nonintoxicating Alcoholic
Beverage In a Public Place bya Person Under Twenty-one
Years of Age.
Section 905. Social Host for Persons Under Twenty-one Years of Age.
SECTION 900.
DEFINITIONS
When used in this chapter, the following words and phrases shall have the
meanings given herein.
A.
Alcohol. The term "alcohol" shall mean and include hydrated oxide of
ethyl, ethyl alcohol, ethanol or spirits of wine from whatever source or by whatever
process produced. It does not include wood alcohol or alcohol which has been
denatured Or produced as denawred in accordance with acts of Congress and
regulations promulgated thereunder.
B.
. Alcoholic Beverage. The term "alcoholic beverage" shall mean andinc1ude
alcohol, spirits, beer and Wine as those terms are defined herein and also includes every
liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of
being consumed asa beverage by human. beings, whichcontain.smore than three and
two-tenths percent (3.2%) alcohol measur~d by weight.
C.
Beer. The term "beer" shall mean and include any malt, hops Or gra~
fermented beverage containing three and two-tenths percent (3.2%) or less but more than
one-hundredth percent (.01%) of alcohol by weight. Beer in excess of three and twotenths percent (3.2%) shall be considered an alcoholic beverage.
D.
Licensee. The term "licensee" shall mean and include any person holding
a Ih::~se as r~quired by the Oklahoma Alcoholic Beverage Control Act, and any agent,
servant or employee of such licel1see while in the p~rformance of any act or duty in
connection with the licensed business or on the licensed premises.
E.
Original Package. The term "original package" shall mean and include any
container of alcoholic beverage filled and stamped or sealed by the manufactUrer.
Ch.9,Pg.2
(Supp. 187/1/08)
Premises. The term "premises" shall mean and include the building, room
and equipment under the control of the licensee and used in connection with or in the
furtherance of the business covered by the license.
F.
G.
Sale. The term "sale" shall mean and include any transfer, exchange or
barter in any manner or by any means whatsoever and includes and means all sales
made. by any person, whether as principal, proprietor, agent, servant or employee.
H.
Spirits. The term "spirits" shall mean and include any beverage other than
wine or beer which contains more than three and two-tenths percent (3.2%) alcohol
measured by weight and obtained by distillation, whether or not mixed with other
substances and solutions. The term "spirits" includes those products known as whiskey,
brandy, rum, gin, vodka, liqueurs, cordials, fortified wine and similar compounds but
shall not include any alcoholic liquid completely denatured in accordance with acts of
Congress and regulations pursuant thereto.
SECTION 901.
PERMITTING INTOXICATED PERSONS TO REMAIN IN
CAFE, RESTAURANT OR PLACE OF RECREATION
It shall be an offense for any person operating a cafe or restaurant or any place
of recreation to permit any person to be drunk or intoxicated in such place of business.
Any person convicted ofa violation of this section shall be punished by a fine of not
more than ONE HUNDRED DOLLARS ($100;00), exc1udingcosts, and/or by
imprisonmentin the City Jail for a period of not more than thirty (30) days.
SECTION 902.
POSSESSION OF ALCOHOLIC BEVERAGE BY A MINOR
It shall be an offense fOJ: any person Under the age of twenty-one (21) years to be
in possession of any intoxicating alcoholic beverage in any public place. Any person
convicted of a violation of this section shall be punished by a fine oinot more than ONE
HUNDRED DOLLARS ($100.00), excluding costs, and/or by imprisonment in the City
Jail for a period of not more than thirty (30) days.
SECTION 903.
MISREPRESENTATION OF AGE
Any person under twenty-one (21) years who shall misrepresent his age in writing
or by presenting false documentation of age for the purpose of inducing any person to
sell or serve him alcoholic beverage shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of· not less than TWO HUNDRED FIFTY
DOLLARS ($250.00) nor more than FIVE HUNDRED DOLLARS ($500.00), excluding
costs.
Ch. 9,Pg. 3
SECTION 904.
(Supp. 1,8 7/1/08)
CONSUMPTION
OR
POSSESSION
OF
NONINTOXICATING ALCOHOLIC BEVERAGE IN A
PUBLIC PLACE BY A PERSON UNDER TWENTY-ONE
YEARS OF AGE
It shall be an offense for any person under twenty-one (21) years of age to
consum.e or possess with the intention to consume non-intoxicating alcoholic beverage
or beer containing more than one-half of one percent (1/2 of 1%) of alcohol measured
by volume and not more than three and two-tenths percent (3.2%) of alcohol measured
by weight. Any person convicted of a violation of this section shall be punished by a
fine of not more than ONE HUNDRED DOLLARS ($100.00), excluding costs, or by
appropriate community service not to exceed twenty (20) hours. Provided, the
provisions of this section shall not apply when such person is under the direct
supervision of his parent or guardian, but in no instance shall this exception be
interpreted to allow such person to consume such beverage in anyplace licensed to
dispense non-intoxicating alcoholic beverage as provided in 37 0.5. § 163.11.
Ord. Nos. 16462,20184
SECTION 905.
SOCIAL HOST FOR PERSONS UNDER TWENTY-ONE
YEARS OF AGE
A.
No person shall knowingly and willfully permit any individual under
twenty-one (21) years of age who is an invitee to the person's residence, any building,
structure, or room owned, occupied, leased. or otherwise procured by the person or on
any land owned, occupied, leased or otherwise procured by the person, to possess or
consume any alcoholic beverage as defined by Section 506 of Title 37 of the Oklahoma
Statutes, any Low-Point Beer as that term is defined in Section 163.2 of Title 37 of the
Oklahoma Statutes, any controlled dangerous substance .as defined in.. the Uniform
Controlled Dangerous Substances Act, or any combination thereof, in such place.
B.
It shall be a defense to this section if the individual under twenty-one (21)
years of age is within three (3) degrees of affinity or consanguinity of the person, or the
person is the legal guardian of the individual under twenty-one (21) years of age.
e. Any person violating any of the provisions of this section shall be. guilty
of an offense and upon conviction thereof shall be punished by imprisonment in the City
Jail for a period not exceeding six (6) months or by a fine of not less than TWO
HUNDRED FIFTY DOLLARS ($250.00) nor more than ONE THOUSAND TWO
HUNDRED DOLLARS ($1,200.00), excluding costs, fees, and assessments, or both such
fine and imprisonment.
Ord. No. 21686
Ch. 10, Pg. 1
CHAPTER 10
JUNK DEALERS
REPEALED - Ord. No. 17650
(1/1/1997)
Ch. 11, Pg. 1
Supp. 6 (1/1/00)
CHAPTER 11
RAILROADS
Section
Section
Section
Section
Section
1100.
1101.
1102.
1103.
1104.
SECTION 1100.
Trains Blocking Streets.
Climbing on Train in Motion.
Trespassing.
Loitering.
Penalty.
TRAINS BLOCKING STREETS
It shall be an offense for any person to obstruct any portion of a street by
stopping or standing any cars or train of cars of any kind or any locomotive engine so
as to prevent the free passage of pedestrians or vehicles of any kind for more than five
(5) minutes at any time. It shall be an offense for any person to obstruct any freeway,
primary arterial or secondary arterial street as designated on the Tulsa City-County
Major Street and Highway Plan between the hours of 7:00 a.m. to 8:30 a.m. or 4:30 p.m.
to 6:00 p.m., except on Saturdays, Sundays or holidays observed by the City of Tulsa,
by stopping, standing, marshaling or switching any cars or train of cars of any kind or
any locomotive engine so as to prevent the free passage of pedestrians or vehicles of any
kind. Any conductor, engineer, fireman or other person who shall operate or assist to
operate any cars or engine which shall so obstruct any of such streets or who shall make
a flying switch shall be guilty of an offense and upon conviction thereof shall be
punished by a fine of not more than ONE HUNDRED DOLLARS ($100.00), including
costs.
Ord. No. 16127
SECTION 1101.
CLIMBING ON TRAIN IN MOTION
It shall be an offense for any person, other than a railroad employee, to climb
upon, hold onto or in any manner attach himself to any locomotive engine or car upon
a railroad track while such locomotive engine or car is in motion.
SECTION 1102.
TRESPASSING
It shall be an offense for any person, other than a railroad employee, to stand,
walk, sit, run or recline upon a railroad track or right-of-way.
SECTION 1103.
LOITERING
It shall be an offense for any person, without right, to loiter or remain within a
railroad station building, upon a railroad station platform or upon a railroad right-ofway after being requested to leave the railroad station, building, railroad platform,
Ch. 11, Pg. 2
Supp. 6 (1/1/00)
railroad ground or railroad right-of-way by an employee of the person operating such
railroad.
SECTION 1104.
PENALTY
Unless otherwise provided for in this chapter, every person violating any of the
provisions of this chapter shall be guilty of an offense and, upon conviction, shall be
punished by a fine of not more than TWO HUNDRED DOLLARS ($200.00), excluding
Ord. !Vos. 15523, 19605
Ch. 12, Pg. 1
(1/1/1997)
CHAPTER 12
STREETS AND SIDEWALKS
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
1200.
1201.
1202.
1203.
1204.
1205.
1206.
1207.
1208.
1209.
1210.
1211.
1212.
1213.
1214.
SECTION 1200.
Games on Streets.
Skates; Toy Vehicles.
Children on Street.
Peddling.
Sidewalk Photographers.
Shows or Exhibitions.
Obstructing Free Passage.
Cleaning Streets.
Trash.
Excavations.
Hazardous Opening.
Drainage.
Snow on Walks.
Spitting.
Penalty.
GAMES ON STREETS
It shall be an offense for any person to engage in any game, sport, amusement or
exercise in the street which is likely to impede the passage of vehicles in the streets or
to injure passersby.
SECTION 1201.
SKATES; TOY VEHICLES
It shall be an offense for any person to travel or skate upon any sidewalk by
means of any rollers skates; or travel or coast upon any sidewalk by means of any toy
wagon, coaster, tricycle, velocipede or other toy vehicle when the same may endanger
the life of any pedestrian or become an inconvenience to his free use of the sidewalk.
SECTION 1202.
CHILDREN ON STREET
It shall be an offense for any parent or guardian of a child under the age of
twelve (12) years to permit such child to play, run or loiter on the public streets.
SECTION 1203.
PEDDLING
It shall be an offense for any person to display, sell or offer for sale any goods,
wares or merchandise of any description from any stand, parked vehicle or other
stationery position upon any street or alley.
Ch. 12, Pg. 2
SECTION 1204.
(1/1/1997)
SIDEWALK PHOTOGRAPHERS
It shall be an offense for any person to take pictures of persons upon the streets
or sidewalks and offer for sale or peddle the picture to the person whose picture is
taken; or to hand to the person a token, paper or other object to be exchanged at another
place for the picture.
SECTION 1205.
SHOWS OR EXHIBITIONS
It shall be an offense for any person to use or cause to be used any portion of any
sidewalk, street or alley for the maintaining or holding of any exhibition, entertainment,
musical or dancing show for any purpose whatsoever.
SECTION 1206.
OBSTRUCTING FREE PASSAGE
It shall be an offense for any person to obstruct or block any street, alley,
crosswalk, sidewalk or other public grounds with any kind of vehicle, box, lumber,
merchandise, machinery or any other kind of material of equipment, or to suspend any
obstructions, signs or awnings on or across any sidewalk, street or alley so as to interfere
with the free passage over the same, except in the following cases:
A.
When merchants and tradesmen use the sidewalks in front of their places
of business for the purpose of receiving, opening or shipping goods and merchandise
and free passage and use of such sidewalks is not unreasonably obstructed;
B.
When merchants and tradesmen use the sidewalks in front of their places
of business for the purpose of exhibiting goods and merchandise and such obstruction
does not extend more than two (2) feet; and
C.
Upon receipt of a permit from the Building Inspector and meeting the
conditions as may be prescribed by him, a person may deposit material in the street
adjacent to a building when he is engaged in erecting or repairing such building.
SECTION 1207.
CLEANING STREETS
It shall be an offense for any person to fail, refuse or neglect to clean off the
sidewalk and gutter in front of the premises of such person or the alley in the rear of
such premises when notified to do so by a peace officer of the City of Tulsa.
SECTION 1208.
TRASH
It shall be an offense for any person to deposit, throw, scatter or place or cause
to be deposited, thrown, scattered or placed on any street, alley, sidewalk, gutter or
other public place any filth, refuse, garbage, ashes, rubbish, grass, weeds, paper or any
Ch. 12, Pg. 3
Supp. 6 (1/1/00)
animal or vegetable matter, or permit an animal to defecate on such places, without
immediately removing such.
SECTION 1209.
EXCAVATIONS
It shall be an offense for any person to make any excavation or cutting in any
street, sidewalk, alley or public grounds or to remove any earth or construction material
therefrom, except when authorized to do so by the City of Tulsa.
SECTION 1210.
HAZARDOUS OPENING
It shall be an offense for any person to permit to be open or leave open any cellar
door, manhole or grating of any kind in or upon any street, sidewalk or alley.
SECTION 1211.
DRAINAGE
It shall be an offense for any person to permit any liquids, other than water, to
drain into any street, alley or onto any sidewalk.
SECTION 1212.
SNOW ON WALKS
It shall be an offense for any property owner or person in possession of any real
property to fail to clear or have cleared within twenty-four (24) hours after any snowfall,
sleet or ice storm, the public sidewalks on the property. Snow, sleet or other elements
of nature shall be cleared from the sidewalks and piled along the outer edge of the
walks adjacent thereto or removed entirely; but in no event shall such pilings exceed two
(2) feet in height.
SECTION 1213.
SPITTING
It shall be an offense for any person to spit upon sidewalks, crosswalks or other
public places.
SECTION 1214.
PENALTY
Unless otherwise provided for in this chapter, any person violating any of the
punished by a fine of not more than ONE HUNDRED DOLLARS ($100.00), excluding
costs, fees and assessments. Each day such violation is committed or permitted to
continue shall constitute a separate offense.
Ord. Nos. 15523,19605
Ch. 13, Pg. 1
Supp. 18 (7/1/08)
CHAPTER 13
DISTRIBUTION OF HANDBILLS AND CIRCULARS
Section 1300.
Section 1301.
Section 1302.
Section 1303.
Section 1304.
Section 1305.
Section 1306.
Section 1307.
Section 1308.
Section 1309.
Section 1310.
Intent and Purposes.
Definitions.
Prohibited Postings.
Throwing Material in Public Places.
Placing Material in or Upon Vehicles.
Distribution of Material on Uninhabited or Vacant Premises.
Distribution of Material Where Posted.
Distribution of Material at Private Premises~Exemption.
Material Depicting Certain SUbject Matter Prohibited.
Public Utility and Government Postings Exempted.
Penalty.
SECTION 1300.
INTENT AND PURPOSES
The City of Tulsa is committed to protecting the public from the nuisance of the
promiscuous distribution of handbills and circulars, with the resulting detriment and
danger to public health, safety, and welfare. Public interest, convenience, and necessity
require the regulation of the distribution of handbills and circulars, and to this end the
purposes of this chapter are declared as follows:
A.
To protect local residents against trespassing by solicitors, canvassers, or
handbill distributors upon the private property of such residents if they have given
reasonable notice that they do not wish to be solicited by such persons or do not desire
to receive handbills or advertising material;
B.
To protect the people against the health and safety menace and expense
incident to the littering of the streets and public places by the promiscuous and
uncontrolled distribution of advertising material and commercial and noncommercial
handbills; and
C.
To preserve the people's constitutional right to receive and disseminate
information.
SECTION 1301.
DEFINITIONS
The following words, terms, and phrases when used in this chapter shall have the
meanings ascribed in this section, except where their context dearly indicates a different
meaning:
Ch.13, Pg. 2
Title 27- Penal Code
Supp. 18 (7/1/08)
Commercial handbill shall mean any printed or written material, any sample or
device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise
reproduced original or copy of any material or literature which:
1.
Advertises for sale any merchandise, product, commodity, thing, or service;
2.
Directs attention to any business, mercantile, or commercial establishment,
or other activity for thepllrpose of directly or indirectly promoting an interest in sales;
3.
Directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind for which admission is charged, with the purpose of
private gain or profit. This definition shall not apply where an admission fee is charged
or a collection is taken up for the purpose of defraying the expenses incident to such
meeting, theatrical performance, exhibition, or event when it is held, given, or takes
place in connection with the dissemination of information which is not restricted under
laws governing obscene material, or for the preservation of public peace, health, safety,
and welfare. Nothing contained in this definition shall authorize the holding of any
meeting, theatrical performance, exhibition, or event of any kind without a license, where
such license is required by any law of the United States, this state, or any ordinance of
this City; or
4.
While containing reading material other than advertising material, is
predominantly and essentially an advertisement, and is distributed or circulated for
advertising purposes, or for the private benefit and gain of any person engaged as
advertiser or distributor.
Newspaper shall mean any newspaper of general circulation as defined by the
laws of Oklahoma, any newspaper duly entered with the United States Postal Service
in accordance with federal statute or regulation, and any periodical or current magazine
regularly published with not less than four (4) issues per year and sold to the public.
Noncommercial handbill shall mean any printed or written material, any sample
or device, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other
printed or otherwise reproduced original or copy of any material or literature not
included in the definitions of a commercial handbill or newspaper.
Obscene shallm.ean and include any material which depicts or describes sexual
conduct that is objectionable or offensive to accepted standards of decency which the
average person applying contemporary community standards would find, taken asa
whole, appeals to prurient interests, or material Which depicts or describes in a patently
offensive way sexual conduct specifically defined by applicable state law, and which,
taken as a whole, lacks serious literary, artistic, political, or scientific value.
Ch. 13, Pg. 3
Supp. 18 (7/1/08)
Person shall mean any natural person, firmJ partnership association, corporation,
company, or organization of any kind.
J
Private premises shall mean any dwelling, house, buildingJ or other structure
designed or used either wholly or in part for private residential purposes, whether
inhabitedJ uninhabited, or vacantJ and shall include any yard, groundsJ walk drivewaYJ
porchJ steps, vestibuleJ or mailbox belonging or appurtenant to such dwellingJ houseJ
building, or other structure.
J
Public place shall mean any and all streetsJ boulevards, avenuesJ lanesJ alleys, or
other public ways, and any and all public parks, squares, spaces, plazas, grounds, and
buildings.
SECTION 1302.
PROHIBITED POSTINGS
It shall be unlawful and.an offense for any person to post, stick, stamp, paint, or
otherwise affix or cause the same to be done by any person, any notice, placard, bill,
card, posterJ advertisement, or other paper or device calculated to attract the attention
of the public, to, upon, over, or across any sidewalk, crosswalkJ curb or curbstone,
flagstone, or any other portion or part of any public way or public place; or upon any
lamppostJ electric lightJ telegraph or telephone pole, or railway structure, hydrant, shade
tree or tree-box; or upon the piers, columns, trusses, girders, railings, gates, or other
parts of any public bridge or viaduct, or other public structure or building; or upon any
pole, box, or fixture of any fire alarm, except as such may be authorized or required by
the laws of the United States, the state of Oklahoma, or ordinances of the City.
J
SECTION 1303.
THROWING MATERIAL IN PUBLIC PLACES
It shall be unlawful and an offense for any person to deposit, place, throw, scatterJ
or cast any·commercial or nonconunercial handbill in Or upon any public place within
the City. ProvidedJ that it shall not be unlawful or an offense for any person to hand
out or distribute without charge to the receiver any commercial or noncommercial
handbill in any pUblic place to any person Willing to accept such handbill.
SECTION 1304.
PLACING MATERIAL IN OR UPON VEHICLES
It shall be unlawful and an offense for any person to distributeJ deposit, place,
throwJ scatter, or cast any conunercial or noncommercial handbill in or upon any vehicle
within a parking area which is posted ina conspicuous position near each entrance with
a sign bearing the words: "No Trespassing," "No Peddlers or AgentsJ" "No Solicitors,"
"No AdvertisementsJ" "No Handbills," or any similar notice, indicating in any manner
that the owner, lessorJ renter J or other responsible occupant of the premises does not
desire to have vehicles present molested or disturbed J or to have any such commercial
or noncommercial handbills left upon such premises. The provisions of this section shall
Ch.
13~
Pg. 4
Supp. 18 (7/1/08)
not be deemed to prohibit the handing, transmitting, or distributing of any commercial
or noncommercial handbill to the owner, operator, or other occupant of any vehicle who
is willing to accept the same.
SECTION 1305.
DISTRIBUTION OF MATERIAL ON UNINHABITED OR
VACANT PREMISES
It shall be unlawful and an offense for any person to distribute, deposit,place,
throw, scatter, or cast any commercial or noncommercial handbill in or upon any private
premises which are uninhabited or vacant.
SECTION 1306.
DISTRIBUTION OF MATERIAL WHERE PROHIBITION
IS POSTED
It shall be unlawful and an offense for any person to distribute, deposit, place,
throw, scatter, or cast any commercial or noncommercial handbill upon any premises if
requested by any owner, lessor, renter, or other responsible occupant not to do so, or if
there is placed on the premises in a conspicuous position near the entrance a sign.
bearing the words: "No Trespassing,'· "No Peddlers or Agents/'''No Solicitors,'" "No
Advertisements," "No Handbills," or any similar notice indicating in any manner that the
occupants of the premises do not desire to be molested or to have their right of privacy
disturbed, or to have any such commercial or noncommercial handbills left upon such
premises.
SECTION 1307.
DISTRIBUTING MATERIAL AT PRIVATE PREMISES-EXCEPTIONS
It shall be unlawful and an offense for any person to throw, deposit, or
A.
distribute any commercial or noncommercial handbill in or upon private premises,
except by handing or transmitting any such handbill directly to the owner, occupant, or
other person present. Provided that, except where prohibited by Sections 1304, 1305, and
1306 of this chapter, a person may place or deposit a commercial or noncommerciaJ
handbill in or upon such private premises if it is contained in a plastic bag ventilated
with airholes throughout the surface of the bag, or in an unventilatedplastk bag no
greater than six inches (6") in width, or if such handbill is so placed or deposited as to
secure or prevent such handbill from being blOwn or drifted about such premises or
sidewalks, streets, or other public places.
B.
The provisions of this section shall not apply to the distribution of mail by
the United States or to newspapers; proVided that newspapers shall be placed on private
property in such a manner as to prevent their being carried, scattered, or deposited by
the elements upon any street, sidewalk, or other public place or upon private property.
Ch. 13, Pg. 5
SECTION 1308.
Supp. 18 (7/1/08)
MATERIAL DEPICTING CERTAIN SUBJECT MATTER
PROHIBITED
It shall be unlawful and an offense for any person to post, hand out, distribute,
or transmit any sign or handbill which is:
A.
Reasonably likely to create a clear and present danger of unlawful physical
harm to any person or which tends to incite an immediate breach of the peace; or
B.
Obscene or otherwise unlawfuL
SECTION 1309.
PUBLIC UTILITY AND GOVERNMENT POSTINGS
EXEMPTED
It shall not bean offense or violation of any provision of this chapter if the
printed or written material, sample or device, notice, circular, leaflet, pamphlet, paper,
booklet, or any other printed or reproduced material or literature is posted, stamped,
painted, or otherwise affixed on. any property by an officer, employee, or agent of any
pu.blicutility, the City of Tulsa, the United States Government, the state of Oklahoma
or any of their political subdivisions, or as otherwise authorized by law or the order of
a court with lawful jurisdiction.
SECTION 1310.
PENALTY
provisions of this chapter shall be guilty of an offense and upon conviction shall be
punisnedby a fine of not more than TWO HUNDRED DOLLARS ($200.00), excluding
costs, fees, and assessments. Each day such violation is committed or permitted to
Ord. Nos. 15523,19605,21318
Ch. 14, Pg. 1
Supp. 15 (7/01/04)
CHAPTER 14
DISTURBING THE PEACE
Section 1400.
Section 1401.
Section 1402.
Section 1403.
Section 1404.
Section 1405.
Section 1406.
Section 1407.
Section 1408.
SECTION 1400.
Noises.
Discharging Firearms.
Disorderly Conduct.
Assembling Unlawfully.
Obscene, Threatening, or Harassing Telephone Calls.
Abusive and Violent Language.
Intimidating or Combative Conduct.
Aggressive Begging Prohibited.
Penalty.
NOISES
It shall be an offense for any person to willfully or maliciously disturb the public
peace or quietude or the life, health, or safety of any individual in any manner, by
creating any noise of such character or duration so as to be unreasonably loud or
disturbing, including but not limited to the following:
A.
The sounding of a hom or signal device on any vehicle, except as a danger
signal;
The playing of any radio, phonograph, or any musical instrument in any
manner or in such volume, particularly during the hours between 11:00 p.m. and
7:00 a.m., so as to unreasonably disturb the quiet, comfort, or repose of any person in
any dwelling, hotel, or other type of residence;
B.
C.
Singing, chanting, whistling, shouting, yelling, use of bullhorns, auto horns,
sound amplification equipment, or other sound equipment at a volume .that can be heard
inside any building or structure located on property occupied by· a school, church,
hospital, or medical clinic during the regular business hours of such school, church,
hospital, or medical clinic, provided that such school, church, hospital, or medical clinic
posts a "Quiet Zone" sign on any public right-of-way or similar public access area in
front of or adjacent to any such building or structure, and posts the hours of operation
near a public entrance of any such building or structure. This prohibition does not
apply to activities conducted by any such school, church, hospital, or medical clinic.
Hospitals and medical clinics which operate on a twenty-four (24) hour basis are not
required to post regular business hours.
D.
The allowing of habitual howling, yelping, or barking of any dog or animal
by its owner, keeper or possessor;
Ch.14, Pg. 2
Supp. 15 (7/01/04)
E.
The discharge of the exhaust of any internal combustion or motor vehicle,
except through a muffler or other device which will effectively prevent unreasonably
loud or explosive noises therefrom;
F.
The use of any mechanical device operated by compressed air, unless same
is effectively muffled and reduced; and
G.
The playing of musical instruments upon any street or public place without
a written permit from the Mayor or his designee.
Ord. Nos. 20494, 20520, 20825
SECTION 1401.
DISCHARGING FIREARMS
It shall be an offense for any person at any time to willfully or maliciously disturb
the public peace or quietude or the life, health, or safety of any individual in any
manner by discharging any firearm of any description except while acting in the defense
of any person or any property; while acting as a peace officer or authorized watchman;
or upon special authorization of the Chief of Police.
SECTION 1402.
DISORDERLY CONDUCT
A.
It shall be an offense for any person at any time to willfully or maliciously
disturb the public peace or quietude or the life, health, or safety of any individual in any
manner by making unnecessary or inappropriate noise; by any disorderly conduct
thereby interrupting, disquieting, or disrupting any lawful congregation or assembly of .
people; by keeping, maintaining, or operating any place of public resort wherein loud
or disturbing noises are made by drunken, disorderly, or noisy persons congregating
therein; or by failing to expel or restrain such persons when they are so acting.
B.
Any person who is convicted of violating the provisions of this section shall
be punished by a fine of not more than ONE HUNDRED DOLLARS ($100.00), excluding
costs, and/or imprisonment in the City Jail for a period of not more than thirty (30)
days.
Ord. No. 17559
SECTION 1403.
ASSEMBLING UNLAWFULLY
manner by the assembling or the acting in concert of two (2) or more people to do any
unlawful act with force or violence against public or private property or the person of
another or against the peace or to the terror of others. Each such person who shall make
any movement or preparation therefor shall severally be guilty of an offense. The intent
Ch. 14, Pg. 3
supp. 13 (7/01/03)
of this provision is to include each and every person present at such meeting or
assembly who shall remain present after being lawfully warned to leave.
SECTION 1404.
OBSCENE,
THREATENING,
TELEPHONE CALLS
OR
HARASSING
A.
It shall be unlawful and an offense for any person, by means of a
telephone, to willfully:
1.
Make any comment, request, suggestion, or proposal which is obscene,
lewd, lascivious, filthy, or indecent;
2.
Make a telephone call, whether or not conversation ensues, with intent to
annoy, abuse, threaten, or harass any person at the called number;
3.
Knowingly permit any telephone under his control to be used for any
purpose prohibited by this subsection; or
4.
In conspiracy or concerted action with another person or persons, make
repeated calls or simultaneous calls solely to harass any person at the called number.
Use of a telephone facility under this section shall include all use made of
such facility between the points of origin and reception. Any offense under this section
is a continuing offense and shall be deemed to have been committed at either the place
of origin or the place of reception.
B.
C.
Any person who is convicted of violating the provisions of subsection A
of this section shall be punished by a fine of not more than FIVE HUNDRED DOLLARS
($500.00), excluding costs, and/or by imprisonment in the City Jail for a period of not
more than ninety (90) days. Each day such violation is committed or permitted to
Ord. No. 18066
SECTION 1405.
ABUSIVE AND VIOLENT LANGUAGE
manner by abusive or violent language, whether addressed to the party so disturbed or
to some other person or persons.
SECTION 1406.
INTIMIDATING OR COMBATIVE CONDUCT
the public peace or quietude or the life, health, or safety of any individual, whether
Ch. 14, Pg. 4
Supp. 13 (7/01/03)
addressed to the individual disturbed or some other person, by threatening to kill, fight,
do bodily harm or injury, destroy property, challenging to fight or fighting.
Ord. IVas. 19128, 19605
SECTION 1407.
AGGRESSIVE BEGGING PROHIBITED
A.
For the purpose of this section the following words and phrases shall have
the meanings given herein.
1.
Beg means to stop or accost another or direct persons or animals to stop
or accost another or direct persons or animals to stop or accost another, and to ask for
money or other thing of value, either by words, bodily gestures, signs or other devices.
2.
Public place is an area open to the general public, including but not limited
to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and
buildings open to the general public, and the doorways and entrances to buildings or
dwellings and the grounds enclosing them.
3.
Hinder or obstruct means to walk, stand, sit, or lie in such a manner as to
block or attempt to block or restrict passage by another or to a require person
approaching to take evasive action to avoid physical contact.
4.
Repeatedly means two or more times within a period of one (1) hour.
B.
It shall be unlawful and an offense for any person to aggressively beg as
defined by this section. A person is guilty of aggressive begging if he or she:
1.
Repeatedly begs in a manner that hinders or obstructs the free passage of
any person in a public place; or
2.
By physical action while in the act of begging, intentionally causes or
attempts to cause another person to reasonably fear imminent force or violence upon his
person or upon property in his immediate possession, or commission of any criminal act
upon his person or upon property in his immediate possession.
Ord. IVa. 17023
SECTION 1408.
PENALTY
Unless otherwise provided for in this chapter, any person convicted of violating
any of the provisions of this chapter shall be punished by a fine of not more than TWO
HUNDRED DOLLARS ($200.00), excluding costs, fees and assessments. Each day such
violation is committed or permitted to continue shall constitute a separate offense.
Ord. No. 19605
Ch. 15, Pg. 1
Supp. 13 (7/1/03)
CHAPTER 15
WEAPONS
Section 1500.
Section 1501.
Section 1502.
Section 1503.
Section 1504.
Section 1505.
Section 1506.
Section 1507.
Section 1508.
Section 1509.
Section 1510.
Section 1511.
Section 1512.
Section 1513.
Section 1514.
Section 1515.
Section 1516.
Section 1517.
Section 1518.
Section 1519.
Section 1520.
SECTION 1500.
Pistol Defined.
Rifle Defined.
Shotgun Defined.
Air Rifle Defined.
Firearm Defined.
Shooting Range Defined.
Regulation of Shooting Ranges.
Discharging Firearms Prohibited.
Discharging a Firearm Within One Thousand Feet of a
School, Church, or Other Facilities
Discharging a Firearm Under the Influence of Alcohol or
Drugs.
Recklessly Discharging a Firearm.
Negligently Discharging a Firearm.
Maliciously Discharging a Firearm with Intent to Intimidate
or Harass
Certain Discharges of Firearms, Air Rifles, or Slingshots
Lawful.
Weapons--Carrying--Exceptions.
Weapons--Selling to Minors.
Penalty.
Air Rifles and Slingshots--Discharging ProhibitedTransportation.
Each Discharge a Separate Offense.
Weapons Confiscation.
Slingshot Defined.
PISTOL DEFINED
The term "pistol" as used in this chapter shall mean and include any firearm with
a barrel or barrels less than sixteen (16) inches in length and using either gunpowder,
gas, or any means of rocket propulsion, capable of discharging a projectile composed of
any material which may reasonably be expected to cause lethal injury, but shall not
include flare guns or blank pistols.
Ord. No. 19156
SECTION 1501.
RIFLE DEFINED
The term "rifle" as used in this chapter shall mean and include any firearm with
a barrel or barrels more than sixteen (16) inches in length and using either gunpowder,
Ch. 15, Pg. 2
Supp. 13 (7/1/03)
gas, or any means of rocket propulsion, capable of discharging a projectile composed of
any material which may reasonably be expected to cause lethal injury, but shall not
include archery equipment, flare guns, or underwater fishing guns. In addition, any rifle
capable of firing shot but primarily designed to fire single projectiles will be regarded
as a rifle.
Ord. No. 19156
SECTION 1502.
SHOTGUN DEFINED
The term "shotgun" as used in this chapter shall mean and include any firearm
with a barrel or barrels more than eighteen (18) inches in length and using either
gunpowder, gas, or any means of rocket propulsion, capable of discharging a series of
projectiles of any material which may reasonably be expected to cause lethal injury. Any
shotgun capable of firing single projectiles but primarily designed to fire multiple
projectiles such as shot will be regarded as a shotgun.
Ord. No. 19156
SECTION 1503.
AIR RIFLE DEFINED
The term "air rifle" as used in this chapter shall mean and include any instrument
in which the propelling force is a spring or air.
Ord. No. 19156
SECTION 1504.
FIREARM DEFINED
The term "firearm" as used in this chapter shall mean and include any pistol, rifle,
shotgun, or other instrument using either gunpowder, gas, or any means of rocket
propulsion, capable of discharging a projectile composed of any material which may
reasonably be expected to cause lethal injury, but shall not include archery equipment,
underwater fishing guns, air rifles, flare guns, or blank pistols.
Ord. Nos. 18067, 19156
SECTION 1505.
SHOOTING RANGE DEFINED
The term "shooting range" as used in this chapter shall mean and include any
place specifically designed or subsequently modified for providing a location for the
discharge of firearms for purposes of test firing firearms, teaching, practicing, or
competition in marksmanship.
Ord. No. 19156
SECTION 1506.
REGULATION OF SHOOTING RANGES
A.
Shooting ranges shall have walls, ceilings, and floors that are impenetrable
to the bullets of the firearms being used within it, or have internal baffling built so that
the bullets cannot hit the walls or ceiling. Doors and windows which are in front of the
Ch. 15, Pg. 3
Supp. 13 (7/1/03)
firing points must be bolted from the inside and must comply with this subsection as
a part of the building walls at all times the facility is in use. Gas projectiles and
incendiary devices shall not be used in such facilities. Protective stalls shall be built
between each firing point used for the discharge of a pistol.
B.
Shooting ranges shall be so constructed and insulated from noise that the
discharge of firearms within the facility shall not disturb the peace of other persons.
Hearing protectors which fully cover the shooter's ears shall be provided by the shooting
range and made available for all shooters or other persons in the firing area. No gas or
incendiary projectiles shall be allowed.
C.
Nothing in this section shall be construed to exempt any shooting range,
its construction, remodeling, or operation from any applicable City, state, or federal law,
ru1e, or regu1ation.
D.
All instructors at any shooting range shall be certified by the National Rifle
Association or by the state of Oklahoma.
E.
It shall be unlawful and an offense for any owner, manager, operator, or
employee of a shooting range to permit any person or persons to bring any intoxicating
liquor, intoxicating substance, or intoxicating compound on the premises of any shooting
range; to permit the consumption of same on the premises; or to permit them to be left
at any place on the premises. It shall be unlawful and an offense for any person
operating a range to permit any intoxicated person to be or remain on the premises.
F.
It shall be unlawfu1 and an offense for any person to discharge any firearm
within a shooting range in a manner that violates any provision of this chapter or so that
the shot, projectile, bullet, or fragments will avoid the backstop and other safety
precautions and escape the confines of any shooting range, or cause bodily injury to a
person on the premises. An owner, manager, operator, employee, or agent of a shooting
range shall supervise the users of the facility and shall remove and bar from the
premises any person who refuses to comply with generally accepted safety practices,
with the provisions of this chapter, or with the rules and regulations concerning safety
imposed by the operator.
G.
It shall be unlawfu1 and an offense for any person to manage or operate
any shooting range in any manner which violates the requirements of this section.
H.
Every person violating this section shall be guilty of an offense and upon
ninety (90) days or by a fine of not more than FIVE HUNDRED DOLLARS ($500.00),
excluding costs, fees and assessments, or by both such fine and imprisonment.
Ord. No. 19156
Ch. 15, Pg. 4
SECTION 1507.
Supp. 13 (7/1/03)
DISCHARGING FIREARMS PROHIBITED
A.
Any person who shall willfully discharge any firearm within the corporate
limits of the City shall be guilty of an offense and upon conviction shall be punished by
imprisonment in the City Jail for a period not exceeding six (6) months or by a fine of
not more than ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00), excluding
costs, fees and assessments, or by both such fine and imprisonment.
B.
It shall not be a violation of this section if a firearm is discharged within
a shooting range operated consistent with Section 1506 of this chapter and all other
ordinances, rules and regulations of the City.
Ord. No. 19156
SECTION 1508.
DISCHARGING A FIREARM WITHIN ONE THOUSAND
FEET OF A SCHOOL, CHURCH, OR OTHER SIMILAR
FACILITIES
A.
It shall be unlawful and an offense for any person to willfully discharge
any firearm at any location in the direct line of sight or within one thousand (1,000) feet
of the following:
1.
Any child care, preschool, kindergarten, elementary, secondary, or
vocation-technical school property;
2.
Any church, synagogue, temple, or similar religious establishment;
3.
Any public park, playground, or recreational area designated as such by
the City, any county, the state, or any public trust;
4.
Any outdoor sports, concert, amusement, or other entertainment stadium,
arena, complex, auditorium, amphitheater, or other similar facility;
5.
Any prison, jail, detention facility, or any facility used to process, hold, or
house arrested persons, prisoners, or persons alleged delinquent or adjudicated
delinquent.
B.
It shall not be a violation of this section if a firearm is discharged within
a shooting range continuously operated consistent with Section 1506 of this chapter and
all other ordinances, rules, and regulations of the City prior to the establishment of any
facility identified in Subsection A of this section.
C.
Every person violating this section shall be guilty of an offense and upon
conviction shall be punished by imprisonment in the City Jail for a period of not less
than thirty (30) days nor more than six (6) months and by a fine of not less than THREE
Ch.15, Pg. 5
Supp. 13 (7/1/03)
HUNDRED DOLLARS ($300.00) nor more than ONE THOUSAND TWO HUNDRED
DOLLARS ($1,200.00), excluding costs, fees, and assessments.
Ord. No. 19156
SECTION 1509.
DISCHARGING A FIREARM UNDER THE INFLUENCE
OF ALCOHOL OR DRUGS
Any person who shall discharge any firearm in any circumstance while
intoxicated, under the influence of or impaired to any discemable degree by the
consumption of any intoxicating liquor, intoxicating substance, intoxicating compound,
hallucinogenic, or from the inhalation of glue, paint, or other intoxicating substances
shall be guilty of an offense and upon conviction shall be punished by imprisonment in
the City Jail for a period of not less than ten (10) days nor more than six (6) months and
by a fine of not less than FIFTY DOLLARS ($50.00) nor more than FIVE HUNDRED
DOLLARS ($500.00), excluding costs, fees, and assessments.
Ord. No. 19156
SECTION 1510.
RECKLESSLY DISCHARGING A FIREARM
Any person who shall discharge any firearm in any circumstance creating a
situation of unreasonable risk and probability of death or great bodily harm to any
person and demonstrating a conscious disregard for the safety of others shall be guilty
of an offense and upon conviction shall be punished by imprisonment in the City Jail
for a period of not less than ten (10) days nor more than six (6) months and by a fine
of not less than FIFTY DOLLARS ($50.00) nor more than FIVE HUNDRED DOLLARS
($500.00), excluding costs, fees, and assessments.
Ord. No; 19156
SECTION 1511.
NEGLIGENTLY DISCHARGING A FIREARM
Any person who shall discharge any firearm while failing to exercise the care
which a reasonable and prudent person would use under the same or similar
circumstances to avoid injury to any person or property shall be guilty of an offense and
exceeding thirty (30) days or by a fine of not more than FIVE HUNDRED DOLLARS
($500.00), excluding costs, fees, and assessments, or by both such fine, and
imprisonment. Ord. No. 19156
SECTION 1512.
MALICIOUSLY DISCHARGING A FIREARM WITH
INTENT TO INTIMIDATE OR HARASS
Any person who shall maliciously discharge any firearm with the specific intent
to intimidate or harass another person shall be guilty of an offense and upon conviction
shall be punished by imprisonment in the City Jail for a period of not less than thirty
Ch. 15, Pg. 6
Supp. 13 (7/1/03)
(30) days nor more than six (6) months and by a fine of not less than THREE
HUNDRED DOLLARS ($300.00) nor more than ONE THOUSAND TWO HUNDRED
DOLLARS ($1,200.00), excluding costs, fees, and assessments.
Ord. No. 19156
SECTION 1513.
CERTAIN DISCHARGES OF FIREARMS, AIR RIFLES, OR
SLINGSHOTS LAWFUL
It shall not be a violation of any provision of this chapter to discharge a firearm,
air rifle, or slingshot:
A.
When done by any peace officer in the performance of any legal duty or
by any person assisting such officer or acting at such officer's direction;
B.
When resisting any attempt to murder or to commit any felony upon any
person or upon any dwelling occupied by any person;
C.
When discharged in the lawful defense of any person when there is
reasonable grounds to apprehend a design to commit a felony or to do some great
personal injury and there is imminent danger of such design or injury being
accomplished;
D.
When necessarily discharged in an attempt, by lawful means, to arrest any
person for any felony committed, in the suppression of any riot, or lawfully keeping or
preserving the peace;
E.
When discharged by an unforeseeable accident or misfortune, while doing
any lawful act, by lawful meanS, using ordinary care, without unlawful intent.
F.
When done by military personnel in the performance of any lawful duty
at a military function of federal or state armed forces, including but not limited to the
Oklahoma Army or Air National Guard, Federal Military Reserve, or other active
military forces; and
G.
When discharged in the lawful defense of any person or property and there
is reasonable grounds to apprehend a great injury from the presence of a vicious,
dangerous, or deadly animal.
Ord. Nos. 15821, 19156, 20524
SECTION 1514.
WEAPONS--CARRYING--EXCEPTIONS
It shall be unlawful and an offense for any person to carry upon or about his or
her person, or in a purse or other container, any dagger, bowie knife, dirk knife,
switchblade knife, spring-type knife, sword cane, knife having a blade which opens
Ch. 15, Pg. 7
supp. 13 (7/1/03)
automatically by hand pressure applied to a button, spring, or other device in the handle
of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other
offensive weapon, whether such weapon is concealed or unconcealed; except this section
shall not prohibit:
1.
Regulate or touch in any way pistols, rifles, or other firearms, their
components, ammunition, or supplies, in deference to state preemption of this subject
matter, pursuant to the Oklahoma Self-Defense Act, 21 O.S.Supp.1996, § 1289.24;
2.
purposes;
The proper use of knives for hunting, fishing, educational, or recreational
3.
The carrying or any use of any weapons in a manner otherwise permitted
by statute or authorized by the Oklahoma Self-Defense Act, 21 O.S.Supp.1996, §§ 1290.1,
et seq.; or
4.
The carrying, possession, or use of any weapon by a peace officer in the
performance of official duties and in compliance with the rules of the employing agency.
Ord. Nos. 18067, 19128
SECTION 1515.
WEAPONS-SELLING TO MINORS
It shall be unlawful and an offense for any person within the City to sell or give
to any minor any of the weapons designated in Section 1514 of this chapter; provided
this section shall not in any manner regulate or pertain to pistols, rifles, or other
firearms, their components, ammunition and supplies, in deference to state preemption
of this subject matter, pursuant to the Oklahoma Self-Defense Act, 21 O.S.Supp.1996,
§ 1289.24.
Ord. Nos. 18067, 19128
SECTION 1516.
PENALTY
Any person violating the provisions of Sections 1514 or 1515 shall be guilty of an
offense and upon the first conviction shall be punished by a fine of not less than ONE
HUNDRED DOLLARS ($100.00) nor more than TWO HUNDRED FIFTY DOLLARS
($250.00), excluding costs, fees and assessments or imprisonment in the City Jail not
exceeding thirty (30) days, or both such fine and imprisonment. On the second and
every subsequent conviction, the party offending shall be fined not less than TWO
HUNDRED FIFTY DOLLARS ($250.00) nor more than FIVE HUNDRED DOLLARS
($500.00), excluding costs, fees and assessments or by imprisonment in the City Jail not
less than thirty (30) days nor more than ninety (90) days, or both such fine and
imprisonment.
Ord. No. 19128
Ch. 15, Pg. 8
SECTION 1517.
Supp. 13 (7/1/03)
AIR RIFLES AND SLINGSHOTS--DISCHARGING
PROHIBITED--TRANSPORTATION
A.
Discharging Air Rifles and Slingshots. It shall be unlawful for any person
to fire 'or discharge any loaded air rifle or slingshot within the corporate limits of the
City. Every person violating this section shall be guilty of an offense and upon
conviction shall be punished by a fine of not more than TWO HUNDRED DOLLARS
($200.00), excluding costs, fees and assessments. The Chief of Police or any officer under
the Chief's command is authorized to seize and confiscate any air rifle or slingshot used
in violation of this section.
It shall not be a violation of this section if an air rifle or slingshot is discharged
within a shooting range operated consistent with Section 1506 of this chapter and all
other ordinances, rules, and regulations of the City.
Transporting Air Rifles and Slingshots. Except as otherwise provided by
the provisions of the Oklahoma Self-Defense Act, 21 0.5.2001, §§ 1290.1, et seq., or
another provision of state statute, it shall be unlawful to transport a loaded air rifle or
slingshot in a landbome motor vehicle over a public highway or roadway. However,
an air rifle may be transported when a clip or magazine is loaded and not chamber
loaded when transported in an exterior locked compartment of the vehicle or trunk of
the vehicle.
B.
Ord. Nos. 19156, 20524
SECTION 1518.
EACH DISCHARGE A SEPARATE OFFENSE
Each separate discharge of a firearm or air rifle made unlawful under any
provision of this chapter shall constitute and be punishable as a separate offense under
the provisions of this chapter.
Ord. Nos. 16482, 19156
SECTION 1519.
WEAPONS CONFISCATION
A.
In addition to the penalty provided in this chapter, the Judge of the
Municipal Court may order and adjudge any weapon, air rifle, or firearm to be an
instrument used in violation of the Revised Ordinances of the City of Tulsa and may
order the same to be destroyed by the Chief of Police if such article has no value for a
lawful purpose; but if it has any value for a lawful purpose, it may be ordered by the
Judge to be held pending a hearing on a date set by the Judge to determine whether
such weapon, air rifle, or firearm shall be confiscated. Any person known to the Chief
of Police to be claiming an interest in such weapon, air rifle, or firearm shall be notified
in writing of the hearing at least five (5) days prior thereto; provided, that notice given
in open court to the person in whose possession the weapon, air rifle, or firearm is found
shall be sufficient as to him. Upon such hearing, the Court may order such weapon, air
Ch.15, Pg. 9
Supp. 13 (7/1/03)
rifle, or firearm sold unless it appears to the Court that the owner thereof did not
participate in or have knowledge of such violation or of the intended use of such
weapon, air rifle, or firearm. The weapon, air rifle, or firearm, if ordered sold, shall be
sold at public auction by the Chief of Police upon the posting of a notice at the police
station<three (3) days prior thereto, and the proceeds shall be paid into the General Fund
of the City of Tulsa.
B.
Whenever a person under eighteen (18) years of age is detained or arrested
by a law enforcement officer and is carrying any weapon, air rifle, or firearm prohibited
by Section 1514 of this chapter, every prohibited weapon, air rifle, and firearm may be
confiscated and forfeited to the confiscating authority. Such confiscation and forfeiture
shall not require that criminal charges be filed against the minor. However, when a
weapon, air rifle, or firearm, confiscated pursuant to the provisions of this chapter, has
been taken by a minor without the permission of the owner, the weapon, air rifle, or
firearm shall be returned to the owner, provided the possession of such weapon, air rifle,
or firearm by an adult is not otherwise prohibited by law.
Ord. Nos. 18067, 19156, 20524
SECTION 1520.
SLINGSHOT DEFINED
The term "slingshot" as used in this chapter shall mean and include any
instrument which propels an object through the air by means of an elastic band of
material. A slingshot shall be also defined as a "weapon" as that term is used in this
chapter. A slungshot shall not be considered a slingshot for the purposes of this chapter.
Ord. No. 20524
Ch. 16, Pg. 1
supp. 6 (1/1/00)
CHAPTER 16
HOTELS, MOTELS AND ROOMING HOUSES
Section
Section
Section
Section
Section
Section
Section
Section
Section
1600.
1601.
1602.
1603.
1604.
1605.
1606.
1607.
1608.
SECTION 1600.
Numbering of Rooms.
Persons Refused.
Registration of Guests.
False Registration.
Registration Records Preserved.
Minor Guests - Reports.
Resistance to Police.
Inspection of Records.
Penalty.
NUMBERING OF ROOMS
Any person engaged in the operation of any hotel, motel or rooming house shall
cause each and every room and apartment or suite which is rented or let in such
building to be numbered in a plain and conspicuous manner by some approved system
of numbering, in such a manner that no two rooms shall have the same number and so
that the numbers shall increase or decrease, uniformly from one room to the succeeding
room or rooms and from one floor to the succeeding floor or floors.
SECTION 1601.
PERSONS REFUSED
It shall be an offense for any operator, owner, manager or employee of any hotel,
motel, or rooming house to knowingly receive any person as a guest or to permit any
person to remain as a guest or employee who comes within any of the following
classifications.
A.
A prostitute; or
B.
Any person who solicits or arranges for immoral, illicit or licentious acts.
SECTION 1602.
REGISTRATION OF GUESTS
Each and every person owning, conducting or operating a hotel, motel or rooming
house is hereby required to keep a book or file in which the name, post office address,
date of arrival and registration and date of departure shall be entered in the handwriting
of the guest; provided, that the room assignment shall be added by the proprietor of the
establishment. No person shall be received as a guest of any hotel, motel or rooming
house who shall refuse to register as required by this chapter.
Ch. 16, Pg. 2
SECTION 1603.
Supp. 6 (1/1/00)
FALSE REGISTRATION
It shall be an offense for any person to falsely register or write or cause to be
written in any hotel, motel or rooming house record or file any other than his true and
full name by which he is known to the public.
SECTION 1604.
REGISTRATION RECORDS PRESERVED
Each and every person owning or operating any hotel, motel or rooming house
shall faithfully keep and preserve all such registers and file records for each and every
person entering the hotel, motel or rooming house as a guest for a period of not less
than three (3) years from the date of the last registration made therein. It is the intent
of this section that the register or file shall show at any time upon inspection a complete
and full list of all registrations made within the last three (3) years with their respective
dates.
SECTION 1605.
MINOR GUESTS - REPORTS
Every person owning, conducting or operating a hotel, motel or rooming house
is hereby required to report immediately the registration of any minor, under the age
of eighteen (18) years, unaccompanied by his or her parent or guardian, to the Chief of
Police. The report shall contain the name, age and place of residence of the minor.
SECTION 1606.
RESISTANCE TO POLICE
It shall be an offense for any person to refuse or obstruct admittance or offer
resistance to any member of the Tulsa Police Department into the hallways, lobby, office,
toilets, cooking apartments or any other apartment of any hotel, motel or rooming house,
except such room or apartment as may be actually occupied by a person as a private
room, which such peace officer would otherwise have a right to enter under the law or
the Revised Ordinances of the City of Tulsa.
SECTION 1607.
INSPECTION OF RECORDS
Records of guests which are required by this chapter to be kept by proprietors of
hotels, motels and rooming houses shall at all times be subject to the inspection of any
police officer.
SECTION 1608.
PENALTY
Ch. 16, Pg. 3
supp. 6 (1/1/00)
Ord.
~os.
15523, 19605
Ch. 17, Pg. 1
(1/1 /1997)
CHAPTER 17
. PICKETING
Section
Section
Section
Section
Section
Section
1700.
1701.
1702.
1703.
1704.
1705.
SECTION 1700.
Definitions.
Picketing Unlawful Because of Manner in Which Conducted.
Picketing Unlawful Because of Place at Which Conducted.
Conspiring to Cause Unlawful Picketing.
Picket Line an Offense Where Picketing UnlawfuL
Penalty.
DEFINITIONS
As used in this chapter, the following terms shall be construed to include the
meanings embraced in popular usage and also specifically the meanings given herein.
A.
Armed Picketing shall mean and include the carrying of any weapon or
any instrument capable of being adapted for use as a weapon or means of intimidation
by any person engaged or participating in picketing.
B.
Labor Dispute shall mean and include any and all disputes between an
employer and his or its employees, and also all negotiations or efforts of trade unions
and labor organizations of every kind to enter into or to continue any contract or
contracts with an employer with reference to the terms or conditions of labor or the
selection or recognition of a bargaining agent, regardless of whether there is any actual
dispute between such employer and his or its then employees.
C.
Mass Picketing shall mean and include the congregation of persons
engaged in picketing as herein defined in such numbers as to prevent or interfere with
the free and unobstructed passage of traffic or pedestrians along any street, sidewalk,
alley, railroad right-of-way or entrance into any place of business, factory or yard.
D.
Picketing shall mean and include any method or device used to publicize
grievances; particularly the walking, standing or loitering of a person upon or along any
sidewalk, street or alley while engaged in the act of displaying any signs, placards or
banners or verbally dissuading or attempting to dissuade persons from patronizing or
entering a place of business.
E.
Picket Line shall mean and include the act of picketing by one or more
persons under such circumstances or with such banners, placards or other notices as,
under then existing bylaws or obligations of any trade union or labor organization in the
City of Tulsa, would expose any member of any of the organization to disciplinary
action by such trade union or labor organization if such member should enter the place
of business then being picketed.
Ch. 17, Pg. 2
SECTION 1701.
(1/1/1997)
PICKETING UNLAWFUL BECAUSE OF MANNER IN
WHICH CONDUCTED
It is an offense for any person to engage or participate in mass picketing, armed
picketing or any picketing in which resort is had to violence, threats or acts of
intimidation or physical coercion.
SECTION 1702.
PICKETING UNLAWFUL BECAUSE OF PLACE AT
WHICH CONDUCTED _
It shall be an offense for any person in furtherance of or in connection with any
labor dispute to engage in the act of picketing any of the following described places:
A.
Any building, property, yard or other place belonging to, used by or
occupied by the City of Tulsa;
B.
Any public school;
C.
Any charitable hospital;
D.
Any private residence or domicile;
E.
Any property of the employer except that plant, office, yard or place of
business concerning employment in which such labor dispute exists; or
F.
The property of any person other than the employer with whom such labor
dispute exists.
SECTION 1703.
CONSPIRING TO CAUSE UNLAWFUL PICKETING
It shall be an offense for any person or persons to combine, conspire to cause or
procure to be done any picketing of any of the kinds declared herein to be an offense.
SECTION 1704.
PICKET LINE AN
UNLAWFUL
OFFENSE WHERE
PICKETING
It shall be an offense for any person to advise, counsel, be a part of or otherwise
participate in any picket line at any place at which picketing is unlawful or at any time
when picketing is being conducted in an unlawful manner.
Ch. 17, Pg. 3
SECTION 1705.
Supp. 6 (Ill/DO)
PENALTY
Ord. Nos. 15523, 19605
Ch. 18, Pg. 1
0/1/1997)
CHAPTER 18
PUBLIC PROPERTY
Section
Section
Section
Section
Section
Section
Section
1800.
1801.
1802.
1803.
1804.
1805.
1806.
SECTION 1800.
Public Property - Restrictions.
Trees and Shrubs in Public Places.
Birds and Animals - Protection.
Public Grounds.
Tulsa Convention Center Curfew.
Fire Hydrants.
Penalty.
PUBLIC PROPERTY-RESTRICTIONS
A.
It shall be an offense for any person to do any of the following acts upon
any public street, highway, alley, public place or upon or to any other property, real,
personal or mixed, belonging to the City of Tulsa, regardless of the purpose for which
such property was dedicated, acquired or purchased, without the consent of the Council
of the City of Tulsa:
1.
To take or attempt to take possession of any of the property in any manner;
2.
To take up one's abode upon the property;
3.
To build any structure of any kind upon any of the property;
4.
To fence in or cultivate any of the property;
5.
To dump boxes, trash, litter, paper, refuse matter, tin cans, garbage or other
forms of solid waste on any of the property; or
6.
To drive any vehicle of any kind, regardless of the means of powering the
same, upon or across any of such property, except where the streets, highways, alleys
or roadways have been properly laid out and open to the public.
B.
It shall be an offense for any person to do any of the following acts upon
any public park, mall, civic center or other public property, including any and all realty
and improvements thereon owned or leased by the City of Tulsa or wherein the City is
the beneficiary of the use and benefit of the realty and improvements for the usc, benefit
and enjoyment of its citizens:
To be drunk or intoxicated' in or upon the property from drinking or
consuming intoxicating liquor, intoxicating substance, or intoxicating compound or from
the inhalation of glue, paint or other intoxicating substances; or
1.
Ch. 18, Pg. 2
(1/1 /1997)
2.
To be drunk or intoxicated in or upon the property from any cause and to
disturb the peace of any person.
C.
It shall be an offense for any person to maliciously or willfully deface,
injure, destroy, besmear or bedaub any building, sidewalk, street, pavement, curbing,
water or sewer line or other real or personal property of the City of Tulsa.
D.
It shall be an offense for any person to lodge in, on, or about any
automobile, truck, trailer, camper, or similar vehicle in any public street, highway, alley,
public park area, public way, public right of way, public parking lot or any other public
property owned or leased by the City of Tulsa or wherein the City is the beneficiary of
the use and benefit of the realty and improvement for the use, benefit and enjoyment
of its citizens without the express permission of the governmental authority controlling
the property.
E.
Any person violating any of the provisions of this section shall be guilty
of an offense and upon conviction thereof shall be punished by a fine of not more than
ONE HUNDRED DOLLARS ($100.00), excluding costs, and/or by imprisonment in the
City Jail for a period of not less than five (5) days nor more than thirty (30) days.
Ord. Nos. 15107,17979
SECTION 1801.
TREES AND SHRUBS IN PUBLIC PLACES
It shall be an offense for any person to maliciously or willfully cut down or
destroy or in any manner injure any tree, shrubbery or flower planted or growing in or
on any street, park, alley or public grounds.
SECTION 1802.
BIRDS AND ANIMALS - PROTECTION
It shall be an offense for any person to kill, wound, maim, injure or harm in any
manner any bird or animal; or to throw, fire or shoot any gun, pistol or other deadly
weapon or any stone, arrow or other missile at such bird or animal; or to break, tear
down or destroy any bird's nest or the eggs or other contents of their nests.
SECTION 1803.
PUBLIC GROUNDS
It shall be an offense for any person to maintain, erect or permit the erection of
any building, hut, hotel, shanty, tent or other structure under his control upon any street,
sidewalk, alley or other public grounds.
SECTION 1804.
TULSA CONVENTION CENTER CURFEW
The curfew time for the Tulsa Convention Center is 2:00 a.m., and it shall be an
offense for any person to enter upon or remain upon the premises in disregard of posted
Ch. 18, Pg. 3
Supp. 6 (1/1/00)
curfew hours, between the hours of 2:00 a.m. and 5:00 a.m., provided that the provisions
of this section shall not apply to employees of the Tulsa Convention Center, permittees
of the Tulsa Convention Center, or other persons whose presence upon the premises is
authorized by the Tulsa Convention Center Manager. For the purposes of this section,
the term "Tulsa Convention Center" shall be that property owned by the City of Tulsa
which is located within fifty (50) feet from the outside walls of the building, except for
property dedicated as public street right-of-way.
Ord. No. 15836
SECTION 1805.
FIRE HYDRANTS
It shall be an offense for any person to place or cause to be placed upon or about
any fire hydrant any paint, rubbish, building material, fence or other obstruction of any
character; to hitch or cause to be hitched to any fire hydrant any animal; to fasten on to
any fire hydrant any guy rope or brace; or to place any vehicle against any hydrant.
Any fence or obstruction now standing in violation of this section shall, within one (1)
day after notice has been served by the Fire Department, be removed by the owner of
the adjoining premises or the occupant of the premises to a distance which will provide
clearance of the fire hydrant.
Ord. No. 15836
SECTION 1806.
PENALTY
Ord. Nos. 15836, 19605
Ch. 19, Pg. 1
Supp. 10 (1/1/02)
CHAPTER 19
FALSE PRETENSES AND FRAUDS
Section 1900. Obtaining or Attempting to Obtain Property by Trick or
Deception, False Statements or Pretenses, Confidence Game.
Section 1901. Definitions.
Section 1902. Prohibitions on Use of Credit Cards.
Section 1903. False Weights.
Section 1904. Fraudulent Impersonation.
Section 1905. Falsely Obtaining Signature.
Section 1906. Falsely Collecting for Charity.
Section 1907. Slugs-Tokens.
Section 1908. False Reporting of Crime or Police Misconduct.
Section 1909. Intent to Defraud.
Section 1910. Defrauding Restaurants, Hotels.
Section 1911. Penalties.
SECTION 1900.
OBTAINING OR ATTEMPTING TO OBTAIN PROPERTY
BY TRICK OR DECEPTION, FALSE STATEMENT OR
PRETENSES, CONFIDENCE GAME
It shall be an offense for any person with the intent to cheat or defraud to obtain
or attempt to obtain from any person any money, property or valuable thing, of the
value of less than Five Hundred Dollars ($500.00) by means or use of any trick or
deception; false or fraudulent representation, statement or pretense; or by any other
means, instrument or device, commonly called the "confidence game"; or by means or
use of any false or bogus check; or by any other written, printed, or engraved instrument
or spurious coin.
Ord. No. 20184
SECTION 1901.
DEFINITIONS
A.
Actual notice shall mean and include either notice given to the purchaser
in person or in writing. Such actual notice in writing shall be presumed to have been
given when deposited as registered or certified in the United States Mail and addressed
to such person at his last known address.
Credit shall mean and include an arrangement or understanding with a
bank or depository for the payment of a check, draft, or order.
B.
C.
Credit card shall mean and include an identification card or device issued
to a person by a business organization which permits such person to purchase or obtain
goods, property, or services on the credit of such organization.
Ch.19, Pg. 2
Supp. 10 (1/1/02)
D.
False or bogus check shall mean and include checks or orders tendered for
money, property, or receipt of a benefit or thing of value, which such check or order
tendered is not honored because no account exists or sufficient funds are not on deposit
to the account of the maker to pay same; provided, however, that a check or order shall
become false or bogus only if it has been presented for paYment within thirty (30) days
after it is delivered and accepted and the amount due thereon plus protest fees shall not
have been paid to the payee within five (5) days' notice of its insufficiency.
SECTION 1902.
PROHIBITIONS ON USE OF CREDIT CARDS
It shall be an offense for any person to knowingly use or attempt to use for the
purpose of obtaining credit; for the purchase of goods, property, or services; or for the
purpose of obtaining cash advances in lieu of these items a credit card which has not
been issued to such person and which is not used with the consent of the person to
whom issued; a credit card which has been revoked or canceled by the issuer of such
card and actual notice thereof has been given to such person; or a credit card which is
false, counterfeit, or nonexistent.
SECTION 1903.
FALSE WEIGHTS
It shall be an offense for any· person to sell any commodity or article of
merchandise and, in the sale thereof, make or give a false or short weight or measure;
or for any person having any scales or scale-yards used in weighing livestock, hay, grain
or other article, to willfully report any false or untrue weight whereby another person
shall be deceived, defrauded or damaged.
SECTION 1904.
FRAUDULENT IMPERSONATION
It shall be an offense for any person to falsely impersonate another person and
in such assumed character receive any money or property of the value of less than Fifty
Dollars ($50.00), knowing it is intended to be delivered to the individual impersonated,
with the intent to convert the same to his own use or to the use of another person who
is not entitled to it.
SECTION 1905.
FALSELY OBTAINING SIGNATURE
It shall be an offense for any person, with intent to cheat or defraud another by
design, color, aid of any false token in writing or other false pretense, to obtain the
signature of any person to any written instrument or obtain by such means from any
person any money or property of the value of less than Fifty Dollars ($50.00).
Ch. 19, Pg. 3
SECTION 1906.
Supp. 10 (1/1/02)
FALSELY COLLECTING FOR CHARITY
It shall be an offense for any person to collect or receive any money or property
of the value of less than Fifty Dollars ($50.00), by falsely representing that the money or
property is being collected for charitable or religious purposes.
SECTION 1907.
SLUGS--TOKENS
It shall be an offense for any person to manufacture, sell or use any slugs, tokens
or devices designed for or capable of being used in the operation of vending machines,
telephone pay stations or any other instrument or device operated by the insertion of a
coin or token without the consent of the owner of such instrument.
SECTION 1908.
FALSE REPORTING
MISCONDUCT
OF
CRIME
OR
POLICE
A.
It shall be unlawful for any person to willfully, knowingly, and without
probable cause make a false report to any person of any crime which report causes or
encourages the exercise of police action by any law enforcement officer.
B.
It shall be unlawful for any person to willfully, knowingly, and without
probable cause make a report to any municipal officer or employee alleging misconduct
by any sworn police officer while in the performance of his or her official duties, if such
report is made falsely and with either:
1.
Actual malice toward the person who is the subject of the report; or
2.
With reckless disregard for the truth of the incident contained in the report.
Ord. Nos. 16336, 16636
SECTION 1909.
INTENT TO DEFRAUD
Whenever, by any of the provisions of this chapter, an intent to defraud is
required in order to constitute any offense, it is sufficient if an intent appears to defraud
any person.
SECTION 1910.
DEFRAUDING RESTAURANTS, HOTELS
It shall be an offense for any person to obtain food, lodging, services or other
accommodations at any restaurant, hotel, inn, boarding house, motel or auto camp with
the intent to defraud the owner or keeper thereof if the value of such food, lodging,
services or other accommodations be of the value of Five Hundred Dollars ($500.00) or
less.
Ord. No. 20184
Ch. 19, Pg. 4
SECTION 1911.
Supp. 10 (1/1/02)
PENALTIES
Unless otherwise provided herein, every person violating a proVISIon of
Section 1900 or Section 1908 shall be guilty of an offense and upon conviction thereof
shall be punished by a fine of not more than FIVE HUNDRED DOLLARS ($500.00),
excluding costs, and/or imprisonment in the City Jail for a period of not more than
ninety (90) days. Every person violating any other section of this chapter shall be
punished by a fine of not more than ONE HUNDRED DOLLARS ($100.00), excluding
costs, and/or by imprisonment in the City Jail for a period of not more than thirty (30)
days.
Ord. No. 15821
Ch. 20, Pg. 1
Supp. 11 (7/1/02)
CHAPTER 20
LARCENY
Section 2000.
Section 2001.
Section 2002.
Section 2003.
Section 2004.
Section 2005.
Petit Larceny.
Larceny of Lost Property.
Larceny of Electric Current, Gas, and Water.
Larceny of Merchandise from Retailer or Wholesaler.
Larceny of Cable Television Signals.
Larceny of Merchandise from Retailer or Wholesaler-Punishment--Second Offense.
Section 2006. Penalty.
SECTION 2000.
PETIT LARCENY
Petit larceny is hereby declared to be an offense and shall be defined as the
taking, by fraud or stealth, of personal property with the intent to deprive another
thereof, when such property is of value not exceeding Five Hundred Dollars ($500.00).
The definition of personal property shall have the meaning normally ascribed to it and
shall include the instruments, items, or things described in this section.
A.
Written Instruments. When the personal property consists of any evidence
of debt, its value shall be determined by:
1.
The amount of money which is due thereon or secured to be paid thereby
and remaining unsatisfied or which in any contingency might be collected thereon;
2.
The value of the property, the title to which is shown thereby; or
3.
The sum which might be recovered in the absence thereof.
Passage Ticket. When the personal property consists of any ticket or other
paper or writing entitling the holder or proprietor thereof to passage upon any railroad,
vessel, or other public conveyance, the value of such ticket shall be the price at which
tickets entitling a person to like passage are usually sold by the proprietor of such
conveyance.
B.
C.
Fixtures. Any fixtures or part of realty, the instant it is severed from the
realty, shall be deemed personal property.
D.
Securities Not Issued. Instruments for the payment of money, evidence
of debt, public security, or passage ticket, completed and ready to be issued or delivered,
although the same have never been issued or delivered by the makers thereof to any
person as a purchaser or owner, shall be deemed personal property.
Ord. Nos. 17470,20184
Ch. 20, Pg. 2
SECTION 2001.
Supp. 11 (7/1/02)
LARCENY OF LOST PROPERTY
One who finds lost property of value not exceeding Five Hundred Dollars
($500.00), under circumstances which gives the person knowledge or means of inquiry
as to the true owner, and who appropriates such property to his own use or to the use
of another person who is not entitled to it, without having first made such effort to find
the owner and restore the property to him as the circumstances render reasonable and
just, is guilty of petit larceny.
Ord. Nos. 17470, 20184
SECTION 2002.
LARCENY OF ELECTRIC CURRENT, GAS, AND WATER
Any person who, with intent to defraud, connects or causes to be connected any
pipe, wire, or other instrument or contrivance or who uses a connection with any pipe
provided for the purpose of conducting water or gas or with any wire or other electrical
conductor provided for the purpose of conducting electricity so as to conduct such gas,
water, or electrical current to a point where the gas, water, or electrical current may be
consumed without its passing through meters provided for registering the quantity
consumed or in any manner so as to evade paYment therefor, whether the gas, water,
or electrical current is furnished through a meter or not, shall be guilty of an offense.
Every person who with like intent injures or alters any gas, electric, or water meter or
obstructs its action is guilty of an offense.
SECTION 2003.
LARCENY OF MERCHANDISE FROM RETAILER OR
WHOLESALER
Any person convicted of larceny involving merchandise held for sale in a retail
or wholesale establishment shall be punished by imprisonment in the City Jail for a
period of not more than thirty (30) days and by a fine of not less than TEN DOLLARS
($10.00) nor more than FIVE HUNDRED DOLLARS ($500.00), excluding costs, fees, and
assessments; provided, however, that in the event more than one item of goods, edible
meat, or other corporeal property has been taken, punishment shall be by imprisonment
in the City Jail for a period of not more than thirty (30) days and by a fine of not less
than FIFTY DOLLARS ($50.00), nor more than FIVE HUNDRED DOLLARS ($500.00),
excluding costs, fees, and assessments.
Ord. Nos. 19605, 20328
SECTION 2004.
LARCENY OF CABLE TELEVISION SIGNALS
It shall be an offense for any person:
A.
To make or use any unauthorized connection, whether physically,
electrically, acoustically, inductively, or otherwise, with any part of a cable television
system for the purpose of enabling himself or others to receive any television signals,
Ch. 20, Pg. 3
Supp. 11 (7/1/02)
radio signals, pictures, programs, sounds, or any other information or intelligence
transmitted over a cable television system without payment for the same to the owner
or operator of the cable television system; or
B.
With intent to defraud, to receive, intercept, view, or use television signals,
radio signals, pictures, programs, sounds, or any other information or intelligence
transmitted over a cable television system without payment for the same to the owner
or operator of the cable television system.
SECTION 2005.
LARCENY OF MERCHANDISE FROM RETAILER OR
WHOLESALER--PUNISHMENT--SECOND OFFENSE
Larceny of merchandise held for sale in a retail or wholesale establishment shall
be punishable as follows:
If it be shown, in the trial of a case in which the value of the goods, edible meat,
or other corporeal property is of value not exceeding Five Hundred Dollars ($500.00),
that the defendant has been once before convicted of the same offense, the defendant
shall, on his second conviction, be punished by imprisonment in the City Jail for not less
than thirty (30) days nor more than six (6) months, and by a fine not exceeding ONE
THOUSAND DOLLARS ($1,000.00), excluding costs, fees, and assessments.
Ord. Nos. 17470, 19605,20184
SECTION 2006.
PENALTY
Unless otherwise provided for herein, any person violating any of the provisions
of this chapter shall be guilty of an offense and upon conviction thereof shall be
punished by a fine of not less than TEN DOLLARS ($10.00) nor more than FIVE
HUNDRED DOLLARS ($500.00), excluding costs, fees, and assessments, and/or by
imprisonment in the City Jail for a period of not more than six (6) months.
Ord. Nos. 15499, 20328
Ch. 21, Pg. 1
Supp. 6 (1/1/00)
CHAPTER 21
PRIVATE PROPERTY
Section 2100.
Section 2101.
Section 2102.
Section 2103.
Section 2104.
Section 2105.
Section 2106.
Section 2107.
Section 2108.
Section 2109.
SECTION 2100.
Entering Buildings or Structures with Certain Intent.
Interference with Electrical Wires and Current.
Malicious Mischief.
Injury to Poles.
Destruction of Trees and Vegetation.
Tampering with Vehicles.
Trespassing.
Removal of Real Estate Signs.
Tampering with Cable Television System.
Penalty.
ENTERING BUILDINGS
CERTAIN INTENT
OR
STRUCTURES
WITH
A.
It shall be an offense for any person under circumstances not amounting
to any burglary, to enter any building or part of any building, booth, tent, warehouse,
railroad car, vessel, or other structure or erection with intent to commit any felony,
larceny, or malicious mischief.
B.
It shall be an offense for any person, without intention to commit any crime
within, to willfully and intentionally break and enter into any building, trailer, vessel or
other premises used as a dwelling, without the permission of the owner or occupant,
except in the case and manner allowed by law.
C.
Any person convicted of violating this section shall be punished by a fine
assessments, or by imprisonment in the City Jail for a period of not more than six (6)
Ord. Nos. 17160, 19605
SECTION 2101.
INTERFERENCE
CURRENT
WITH
ELECTRICAL WIRES
AND
A.
Interfere with, change, modify, move or obstruct any electrical wiring being
installed in or on any building, pole or fixture without lawful authority or the consent
of the owner thereof;
Ch.21 , Pg. 2
Supp. 6 (1/1/00)
B.
In any manner prevent electrical current from passing through any meter
or meters belonging to any person engaged in the manufacture or sale of electricity for
light, power or other purposes without proper or lawful authority from such person; or
C.
In any manner divert any electrical current from any wiring belonging to
any person engaged in the manufacture or sale of electricity for light, power or other
purposes without the consent in writing of such person.
SECTION 2102.
MALICIOUS MISCHIEF
It shall be an offense for any person to maliciously or willfully injure, deface or
destroy any real or personal property not his own, the damage, defacement or
destruction of which causes a loss which is valued at less than Two Thousand Five
Hundred Dollars ($2,500.00). Any person convicted of violating this section shall be
punished by a fine of not more than FIVE HUNDRED DOLLARS ($500.00), excluding
costs, fees and assessments or by imprisonment in the City Jail for a period of not more
than six (6) months, or by both such fine and imprisonment.
Ord. lVos. 15821, 19605
SECTION 2103.
INJURY TO POLES
It shall be an offense for any person to throw any missile at any electrical light
pole, telegraph pole, telephone pole or any pole used for the purpose of traffic control,
either by casting such missile with the hand or by projecting such missile with any
device, sling, pistol, air gun or other gun, or to throw or project such missile at any
fixtures, lamps, attachments, wires, cables or braces used with such pole.
SECTION 2104.
DESTRUCTION OF TREES AND VEGETATION
It shall be an offense for any person to willfully, maliciously or without lawful
authority, cut down, root up, sever, injure or destroy any fruit tree, shade or ornamental
tree, cultivated root or plant, grape or strawberry vine, shrub or bush whatsoever which
is the property of another; or to pick, destroy or carry away therefrom or in any way
interfere with any part of the fruit thereof; or to trespass upon the premises of another
without lawful intent and authority.
SECTION 2105.
TAMPERING WITH VEHICLES
A.
With intent and without right, injure or tamper with any vehicle or in any
manner damage any part or portion of a vehicle or any accessories, appurtenances or
attachments thereto; or
Ch. 21, Pg. 3
Supp. 6 (1/1/00)
B.
With intent and without right, climb into or upon a vehicle, whether in
motion or at rest; attempt to manipulate any of the levers, starting mechanism, brakes
or other mechanism or device of a vehicle while the same is at rest and unattended; or
set in motion any vehicle while the same is at rest and unattended.
Any person convicted of a violation of any of the provisions of this section shall
be punished by a fine of not more than ONE HUNDRED DOLLARS ($100.00), excluding
costs, and/or by imprisonment in the City Jail for a period of not more than thirty (30)
days.
SECTION 2106.
TRESPASSING
Trespassing is hereby declared to be an offense and shall be defined as follows:
A.
Each and every actual entry upon the premises of another person's real
property, public or private, without the owner's or occupant's consent thereof, whether
expressed or implied;
B.
Each and every entry upon any public or private premises which is posted
or where warning has been published to stay out of and off the premises;
C.
Each and every entry in or upon any public property, except at times and
upon conditions when it is subject to public use;
D.
The use of any public building, except for the purpose of transacting
business with a public corporation, unless the manner, purpose and extent of its use is
first presented to and the consent given by the City of Tulsa;
E.
Remaining upon the premises of another, whether public or private, and
refusing to leave the premises forthwith after demand by the owner or occupant;
Remaining upon any property owned by or in the possession of the Tulsa
Public School System or any parochial school in the City of Tulsa after such person has
been requested to leave and vacate such school premises by any faculty member,
principal, duly licensed security guard or police officer unless permission has been given
by a faculty member, principal or designated school employee;
F.
G.
Remaining on private property at any time other than during posted hours
of business operation after having been directed to vacate such premises by a police
officer; provided, however, that the provisions to this subsection shall not apply to
persons, including employees, whose presence upon such premises is authorized by the
owner or by a person in lawful possession of such premises; nor shall the provisions of
this subsection apply unless hours of business operation are posted upon such premises;
or
Ch. 21, Pg. 4
Supp. 6 (1/1/00)
H.
Returning to private property before the posted time of opening for
business operation on the next business day after having been directed to vacate such
premises under the terms of Subsection 2106.G.
Ord. No. 15046
SECTION 2107.
REMOVAL OF REAL ESTATE SIGNS
It shall be an offense for any person to take, carry away or remove any sign
posted on property, which sign is designed to be used by real estate brokers in and for
the sale or rental of real property, without permission from the owner or the real estate
broker whose name appears on the sign.
SECTION 2108.
TAMPERING WITH CABLE TELEVISION SYSTEM
It shall be an offense for any person, without the consent of the owner or operator
thereof, to willfully tamper with, remove or injure any cable, wires or other equipment
used for the distribution of television signals, radio signals, pictures, programs, sounds,
or any other information or intelligence transmitted over a cable television system.
Ord. No. 13538
SECTION 2109.
pENALTY
Ord. Nos. 15523, 19605
Ch. 22, Pg. 1
Supp. 19 (1/1/09)
CHAPTER 22
PUBLIC PROTECTIONS
Section 2200.
Section 2201.
Section 2202.
Section 2203.
Section 2204.
Section 2205.
Section 2206.
Section 2207.
Section 2208.
Section 2209.
SectIon 2210.
Section 2211.
Section 2212.
Section 2213.
Section 2214.
Section 2215.
Section 2216.
Section 2217.
Section 2218.
Section 2219.
SECTION 2200.
Exposing Minors to Harmful Materials--Penalty.
Drilling and Mining Prohibited.
Public Nuisance.
Penalty.
Fire Escapes.
Fortune Telling, Phrenology, Palmistry, and Faking.
Abandotunent of Refrigerators and Iceboxes in Places
Accessible to Children--Penalty.
Penalty.
Smoking in Certain Public Places Prohibited.
Business Hours for Entertainment Clubs.
Definitions.
Furnishing or Sale of Tobacco Products to Minors.
Receipt of Tobacco Products by Minors.
Distribution of Tobacco Product Samples.
Sale of Tobacco Products Except in Original Sealed Package.
Signs in Retail Establishments Required.
Notice to Retail Employees.
Vending Machines Sales Restricted.
Display or Sale of Tobacco Products.
Restrictions on Manner of Enforcement.
EXPOSING MINORS TO HARMFUL MATERIALS-PENALTY ("Anti-Display Ordinance")
A.
Definitions.
1.
Minor means any unmarried person under the age of eighteen (18) years.
2.
Harmful to Minors means that quality of any description, exhibition,
presentation or representation in whatever form of nudity, sexual conduct, sexual
excitement, or sado-masochist abuse when the material or performance, taken as a
whole, has the following characteristics:
a.
The average adult person applying contemporary community
standards would find that the material or performance has a predominant
tendency to appeal to a prurient interest in sex to minors;
b.
The average adult person applying contemporary community
. standards would find that the material or performance depicts or describes
nudity, sexual conduct, sexual excitement or sado-masochistic abuse in a
Ch. 22, Pg. 2
Supp. 19 (1/1/09)
manner that is patently offensive to prevailing standards in the adult
community with respect to what is suitable for minors; and
c.
The material or performance lacks serious literary, scientific, artistic,
or political value for minors.
3.
Nudity means the showing of the human male or femal~ genitals, pubic
area, or buttocks with less than full opaque covering; the showing of the female breast
with less than a full opaque covering of any portion thereof below the top of the nipple;
or the depiction of covered male genitals in a discernibly turgid state.
4.
Sexual Conduct means acts of masturbation, homosexuality, sexual
intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area,
buttocks, or if such person be a female, breast.
5.
Sexual Excitement means the condition of human male or female genitals
when in a state of sexual stimulation or arousal.
6.
Sado-Masochistic Abuse means flagellation or torture by or upon a person
clad in undergarments, a mask, or bizarre costume or the condition of being fettered,
bound, or otherwise physically restrained on the part of one so clothed..
7.
Material means any book, magazine, newspaper, pamphlet, poster, print,
picture, figure, image, description, motion picture film, record, recording tape, CD-ROM
disk, Magnetic Disk Memory, Magnetic Tape Memory, video tape, computer software,
or video game.
8.
Performance means any motion picture, film, video tape, played record,
phonograph or tape, preview, trailer, play, show, skit, dance, or other exhibition
performed or presented to or before an audience of one or more with or without
consideration.
9.
Knowingly means having general knowledge of, or reason to know, or a
belief of grounds for belief which warrants further inspection or inquiry of both:
a.
The character and content of any material or performance which is
reasonably susceptible of examination by the defendant; and
b.
The age of the minor; however, an honest mistake shall constitute
an excuse from liability hereunder if the defendant makes a reasonable,
bona fide attempt to ascertain the true age of such minor.
10.
Person means any individual, partnership, association, corporation, or other
legal entity of any kind.
Ch. 22,Pg. 3
Supp. 19 (1/1/09)
11.
A reasonable, bona fide aUempt means an attempt to ascertain the true
age of the minor by requiring production of a driver's license, marriage license, birth
certificate or other govemmental or educational identification card or .paper and not
relying solely on the oral allegations or apparent age of the minor.
R
Offenses. No person haVing custody, control, or supervision of any
commercial establishment shall knOWingly:
Display material which is harmful to minors in such a way that minors as
a part of the invited general public will be exposed to view such material; provided,
however, that a person shall be deemed not to have "displayed" material harmful to
minors if the material is kept behind devices commonly known as "blinder racks" so that
the lower two-thirds of the material is not exposed to view;
1.
2.
Sell, furnish, present, distribute, allow to view, or otherwise disseminate
to a minor, with or without consideration, any material which is harmful to minors; or
3.
Present to a minor or participate in the presenting to a minor, with or
without consideration, any performance which is harmful to a minor.
C.
Defenses. It shall be an affirmative defense to any prosecution under this
section that the material or performance involved was displayed, presented, or
disseminated to a minor at a recognized and established school, church, museum,
medical clinic, hospital, public library, governmental agency, or quasi-governmental
agency; and persons acting in their capacity as employees or agents of such persons,
organizations, or institutions present or disseminate such material or performance for a
bona fide governmental, educational, or scientific purpose.
D.
Penalty. Any person violating any provisions of this section shall be guilty
of an offense and upon conviction thereof shall be punished by a fine of not more than
FIVE HUNDRED DOLLARS ($500.00) and/or by imprisonment in the City Jail for not
more than ninety (90) days, excluding costs.
Ord. Nos. 16635,20184
SECTION 2201.
DRILLING AND MINING PROHIBITED
It shall be an offense for any person or his agent, servant, or employee to
hereafter drill, mine, or produce or cause to be drilled, mined, or produced any oil, gas,
coal, or other mineral, or to perform any work or labor of any kind upon or in
connection with the drilling, mining, or producing of oil, gas, coal, or other products;
however, it shall not be an offense to do any of the above under the .following
conditions:
A.
When the operation or maintenance of any oil, gas; or mining operation
was being lawfully carried on before the effective date of this ordinance; or
,
Ch. 22, Pg. 4
Supp. 19 (1/1/09)
B.
When the cleaning out or plugging of oil and gas wells has been
determined necessary, by resolution or ordinance of the City of Tulsa, to be in the best
interest of the public health, safety, and welfare.
Ord. No. 128
SECTION 2202.
PUBLIC NUISANCE
It shall be an offense for any person to commit any public nuisance, the
punishment for which is not otherwise prescribed, or willfully to omit to perform any
legal duty relating to the removal of a public nuisance.
SECTION 2203.
PENALTY
Any person convicted of a violation of Sections 2201 or 2202 hereof shall be
punished by a fine of not more than FNE HUNDRED DOLLARS ($500.00), excluding
costs. Each day such violation is committed or permitted to continue shall constitute a
separate offense.
Ord. No. 15821
SECTION 2204.
FIRE ESCAPES
It shall be an offense for any person, except the owner or occupant of the
premises, a policeman or member of the Fire Department, to enter upon or stand upon
any fire escape or use the same in any manner except for the purpose of escaping from
fire.
SECTION 2205.
FORTUNE TELLING, PHRENOLOGY, PALMISTRY, AND
FAKING
It shall be an offense for any person to practice in fortune telling, phrenology,
palmistry or reading or to be a fakir for a fee or valuable consideration of any kind.
SECTION 2206.
ABANDONMENT OF REFRIGERATORS AND ICEBOXES
IN PLACES ACCESSIBLE TO CHILDREN--PENALTY
Any person, firm, or corporation who abandons or discards in any place accessible
to children any refrigerator, icebox, or ice chest of a capacity of one and one-half (1-1/2)
cubic feet or more and which has an attached lid or door which may be opened or
fastened shut by means of an attached latch or magnetic seal or who, being the owner,
lessee, or manager of such place, knowingly permits such abandoned or discarded
refrigerator, icebox, or ice chest to remain in such condition shall be guilty of an offense
and upon conviction thereof shall be punished by a fine of not more than FIVE
HUNDRED DOLLARS ($500.00), excluding costs, and/or by imprisonment in the City
Jail for not more than ninety (90) days.
Ord. No. 15821
Ch. 22,Pg. 5
SECTION 2207.
Supp. 14 (1/1/04)
PENALTY
Any person convicted of violating Section 2204 or Section 2205 of this chapter
shall be punished by a fine of not more than TWO HUNDRED DOLLARS ($200.00),
excluding costs, fees and assessments. Each day such violation is committed or
permitted to continue shall constitute a separate offense.
Ord. Nos. 15523, 19605
SECTION 2208.
SMOKING IN CERTAIN PUBLIC PLACES PROHIBITED
A.
The possession of lighted tobacco in any form is a public nuisance and
dangerous to public health and is hereby prohibited when such possession is in any
indoor place used by or open to the public, public transportation, or any indoor
workplace, except where specifically allowed by law.
As used in this section, "indoor workplace" means any indoor place of
emplOYment or emplOYment-type service for or at the request of another individual or
individuals, or any public or private entity, whether part-time or full-time and whether
for compensation or not. Such serVices shall include, without limitation, any service
performed by an owner, employee, independent contractor, agent, partner, proprietor,
manager, officer, director, apprentice, trainee, associate, servant, or volunteer. An indoor
workplace includes work areas, employee lounges, restrooms, conference rooms,
classrooms, employee cafeterias, hallways, any other spaces used or visited by
employees, and all space between a floor and ceiling that is predominantly or totally
enclosed by walls or windows, regardless of doors, doorways, open or closed windows,
stairways, or the like. The provisions of this section shall apply to such indoor
workplace at any given time, whether or not work is being performed.
B.
The restrictions provided in this section shall not apply to stand-alone bars,
stand-alone taverns, and cigar bars as defined in 63 0.5.2001, § 1-1522.
C.
The restrictions provided in this section shall not apply to the following:
1.
The room or rooms where licensed charitable bingo games are being
operated, but only during the hours of operation of such games;
2.
Up to twenty-five percent (25%) of the guest rooms at a hotel or other
lodging establishment;
3.
Retail tobacco stores predominantly engaged in the sale of tobacco products
and accessories and in which the sale of other products is merely incidental and in
which no food or beverage is sold or served for consumption on the premises;
Ch. 22, Pg. 6
Supp. 14 (1/1/04)
4.
Workplaces where only the owner or operator of the workplace, or the
immediate family of the owner or operator, performs any work in the workplace, and
the workplace has only incidental public access. "Incidental public access" means that
a place of business has only an occasional person, who is not an employee, present at
the business to transact business or make a delivery. It does not include businesses that
depend on walk-in customers for any part of their business.
5.
Workplaces occupied exclusively by one or more smokers, if the workplace
has only incidental public access;
6.
Private offices occupied exclusively by one or more smokers;
7.
Workplaces within private residences, except that smoking shall not be
allowed inside any private residence that is used as a licensed child care facility during
hours of operation;
I
8.
Medical research or treatment centers, if smoking is integral to the research
or treatment;
9.
A facility operated by a post or organization of past or present members
of the Armed Forces of the United States which is exempt from taxation pursuant to
Section 501 (c)(8), 501 (c)(10), or 501 (c)(19) of the Internal Revenue Code, 26 U.S.C.,
Section 501 (c)(8), 501 (c)(10), or 501 (c)(19), when such facility is utilized exclusively by
its members and their families and for the conduct of post or organization nonprofit
operations, except during an event or activity which is open to the public; and
10.
Any outdoor seating area of a restaurant; provided, smoking shall not be
allowed within fifteen (15) feet of any exterior public doorway or any air intake of a
restaurant.
D.
An employer not otherwise restricted from doing so may elect to provide
smoking rooms where no work is performed except for cleaning and maintenance
during the time the room is not in use for smoking, provided each smoking room is fully
enclosed and exhausted directly to the outside in such a manner that no smoke can drift
or circulate into a nonsmoking area. No exhaust from a smoking room shall be located
within fifteen (15) feet of any entrance, exit, or air intake.
E.
If smoking is to be permitted in any space exempted in subsections B or
C of this section or in a smoking room pursuant to subsection D of this section, such
smoking space must either occupy the entire enclosed indoor space or, if it shares the
enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed,
exhausted directly to the outside with no air from the smoking space circulated to any
nonsmoking area, and under negative air pressure so that no smoke can drift or circulate
into nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from
Title 27 .., Penal Code
Ch. 22, Pg. 7
Supp. 18 (7/1/08)
the smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit,
or air intake. Any employer may choose a more restrictive smoking policy, including
being totally smoke free.
F.
Notwithstanding any other provision oithis section, until March 1, 2006,
restaurants may have designated smoking and nonsmoking areas or may be designated
as being a totally nonsmoking area. Beginning March 1, 2006, restaurants shall be totally
nonsmoking or may provide nonsmoking areas and designated smoking rooms. Food
and beverage may be served in such designated smoking rooms, which shall be in a
location which is fully enclosed, directly exhausted to the outside, under negative air
pressure so smoke cannot escape when a door is opened, and no air is recirculated to
nonsmoking areas of the building. No exhaust from such room shall be located within
twenty..,five (25) feet of any entrance, exit, or air intake. Such room shall be subject to
verification for compliance with the provisions of this subsection by the Oklahoma State
Department of Health.
G.
The person who owns or operates a place where smoking or tobacco use
is prohibited by law shall be responsible for posting a sign or decal, at least four (4)
inches by two (2) inches in size, at each entrance of the building indicating that the place
is smoke-free or tobacco..free.
H.
Responsibility for posting signs or decals shall be as follows:
1.
In privately owned facilities, the owner or lessee, if lessee is in possession
of the facilities, shall be responsible;
In corporately owned facilities, the manager and/or supervisor of the
facility involved 'shall be responsible; and
2.
3.
In publicly owned facilities, the manager and/or supervisor ofthe facility
shall be responsible.
Arty. person who knOWingly violates this section is guilty of a.
misdemeanor,and upon conviction thereof shall be punished by a fine of not less than
TEN DOLLARS ($10.00) nor more than ONE HUNDRED DOLLARS ($100.00), excluding
costs, fees, and aSsessments.
I.
Ord. Nos. 13506, 20736
SECTION 2209.
BUSINESS HOURS FOR ENTERTAINMENT CLUBS
It shall be unlawful for any person to operate Or cause to be operated a.ny
A.
entertainment club, as herein defined, between the hours of 2:00 a.m. and 7:00 a.m.
Ch. 22, Pg. 8
Title 27 ~ Penal Code
Supp. 18 (7/1/08)
B.
Entertainment Club shall mean a commercial establishment which meets
the following conditions:
1.
A person is licensed by the state of Oklahoma to sell and serve low-point
beer or alcoholic beverages for consumption on the premises of the entertainment club;
or
2.
Patrons or customers are permitted to dance on the prexnises of the
entertainment club.
C.
The term "entertainment club" does not include the following:
1.
A "Principal Use Restaurant," as defined herein, where the only
entertainment consists of background music which is incidental to the primary function
of serving food; or
2.
A- banquet, party, or celebration consisting of invited guests and which is
not open to the public; or
3. . A dance or event sponsored or operated by a non-profit political,
educational, religious, or fraternal organization which has been granted an Entertainment
Club After Hours Permit by the Director of Finance pursuant to the provisions of
Title 21, Tulsa Revised Ordinances, Chapter 22.
D.
Principal Use Restaurant shall mean an eati.n.gestablishment which
employs at least one full-time cook, has a menu, a fully equipped kitchen for cooking
and prepara.tionofmeals andwhich eating establishment, includingthe kitchen areabut
excluding the bar area, occupies at least seventy-five percent (75%) of the total floor area,
as defined herein., of the business.
Eo
Floor Area shall mean the sum of the gross horizontal areas of the several
floorsl inc1udingbasements, of a building measured from the exterior faces of the
exterior walls or from the centerline of walls separating two buildings. Provided that
for the purpose of determining compliance with the permitted floor area, the floor area
of enclosed required off-street patkingareas shall not be included.
F.
Penalty. Any person violating any of the provisions of this section shall
be.guilty of an offense and, upon conviction thereof, shalllJe punished by a fine of not
more than One Thousand Two Hundred Dollars ($1,200.00) and lor by imprisonment in
the City Jail for not more than six (6) months, excluding costs, fees, and assessments.
Ord. No. 17934,21728,21775
Ch. 22, Pg.9
SECTION 2210.
Supp. 18 (7/l/08)
DEFINITIONS
For the purposes Sections 2210 through 2219 of this chapter, the following terms
or phrases shall have the meanings given herein:
A.
Person means any individual, firm, fiduciary, partnership, corporation,
trust, or association, however formed.
B.
Proof of age means a driver's license, license for identification only, or
other generally accepted means of identification that describes the individual as eighteen
(IS) years of age or older and contains a photograph or other likeness of the individual
artd appears on its face to be valid.
C.
no cost for
Sample means a tobacco product distributed to members of the public at
th~ purpose of promoting the product.
D.
Tobacco product means any product that contains tobacco and is intended
for human consumption.
E.
Transaction scan means the process by which a seller checks, by means of
a transaction scan device, the validity of a driver's license or other government-issued
photo identification.
Transaction scan device means any commercial device or combination of
devices used at a point of sale or entry that is capable of deciphering in an electronically
readable format the information encoded on the magnetic strip or bar code ofa driver's
license or other government-issued photo identification.
F.
Ord. Nos. 18882, 21357, 21419
SECTION 2211.
FURNISHING OR SALE OF TOBACCO PRODUCTS TO
MINORS
A.
It shaUbe unlawful and an offense for any person to sell, give, or furnish
in arty manner any tobacco product to another person who is under eighteen (IS) years
of age or to purchase in any manner a tobacco product on behalf of any such person.
It shall not be unlawful for art employee under eighteen (IS) years of age to handle
tobacco products when required in the performance of employee duties.
B.
Any person engaged in the sale or distribution of tobacco products shall
demand proof of age from a prospective purchaser or recipient Han ordinary person
would conclude on the basis of appearance that the prospective purchaser may be under
eighteen (lB) years of age.
Ch. 22, Pg. 10
Title 27·- Penal Code
Supp.18 (7/1/08)
If an individual engaged in the sale or distribution of tobacco products has
demanded and was shown proof of age from a prospective purchaser or recipient who
is not under eighteen (18) years of age, the failure to subsequently require proof of age
shall not constitute a violation of Subsection B of this section.
C.
If the sale of a tobacco product to a minor is made by an employee of the
owner of a store at which tobacco products are sold at retail, the employee shall be
guilty of the violation and shall be subject to the fine.
D.
Penalty.
Any person violating the provisions of Subsections A or B of
this section shall be guilty of an offense and upon conviction shall be punished by a fine
of:
1.
Not more than ONE HUNDRED DOLLARS ($100.00), excluding costs, fees
and assessments, for the first offense;
Not more than TWO HUNDRED DOLLARS ($200.00), excluding costs, fees
and assessments, for the second offense within a two (2) year period following the first
offense;
2.
Not more than THREE HUNDRED DOLLARS ($300.00), excluding costs,
fees and assessments for a third or subsequent offense within a two (2) year period
following the first offense.
3.
E..
Record To Be Sent To The Alcoholic Beverage Laws Enforcement
Commission. Upon conviction for violating the provisions of Subsections. A, B, or C of
this section,a report of the conviction shall be forWarded by the Municipal Court Clerk
of the City of Tulsa tbthe Alcoholic Beverage Laws Enforcement ("ABLE") Commission
for possible administrative action against the store owner.
F.
Defenses. Proof thatthe defendant demanded, was shown, and reasonably
relied upon proof of age shall be a defense to prosecution under. Subsections A or B of
this section. A person cited for Violation of this section shall be deemed to have
reasonably relied upon proof of age, and such person shall not be found guilty of such
violation, if such person proves that:
1.
The individual who purchased orrecejved the tobacco product presented
a driver'.[) license or other government-issued photo identification pmporting to establish
that such individual was eighteen (18) years of age or older; and
2.
The person cited for the violation confirmed the validity of the driver's
license or other goverhrt1.ent"issued photo identification presented by such individual by
performing a transaction Scan by means of a transaction scan device.
Ch. 22, Pg. 11
Supp. 18 (7/1/08)
3.
Provided, that this defense shall not relieve from liability any person cited
for a violation of this section if such person failed to exercise reasonable diligence to
determine whether the physical description and picture appearing on the driver's license
or other government-issued photo identification was that of the individual who
presented it. The availability of the defense described in this subsection does not affect
the availability of any other defense under any other provision of law.
G.
Notice To Be Sent To The Department of Public Safety.. Upon failure of
the employee to pay the fine within ninety (90) days of the day of the assessment of
such fine, the Clerk of the Municipal Court shall notify the Department of Public Safety
and the Departm.ent shall suspend or not issue a driver's license to the employee until
proof of payment has been furnished to the Department of Public Safety. Upon failure
of a store owner to pay the fine within ninety (90) days of the· assessment of such fine,
the Clerk of the Municipal Court shall notify the Oklahoma Tax Commission and the
Oklahoma Tax Commission shall suspend the store's license to sell tobacco products
untilptoof of payment has been furnished to the Oklahoma Tax Commission.
H.
For purposes of determining the liability of a person controlling franchises
or business operations in multiple locations for any violation of Subsections Aor B of
this section, each individual franchise or business location shall be deemed a separate
entity.
Ord. Nos. 18882, 19128,21357, 21419, 21524
SECTION 2212.
RECEIPT OF TOBACCO PRODUCTS BY MINORS
A.
It shall be unlawful and an offense for any person who is under eighteen
(18) years of age to purchase, receive, or have in their possession a tobacco product, or
to present or offer to any person any purported proof of age which is false or fraudulent
forthe purpose of purchasing or receiving any tobacco product. It shall not beurtlawful
for an employee under eighteen (18) years of age to handle tobacco products when
required in the performance of the employee'S duties.
B.
Penalty. Any person violating the provisions of Subsection Aof this
section shall be gUilty of an offense and upon conviction shall be punished by a fine of:
1.
and assessments, for a first offense; and
2.
and assessments, Jor a second or subsequent offense within a one (1) year period
following the first offense.
3.
Upon failure of the individual to pay any fine within ninety (90) days of
the day of assessment of such fine, the Clerk of the Municipal Court shall notify the
Ch. 22, Pg. 12
Supp. 18 (7/1/08)
Department of Public Safety and the Department shall suspend arnot issue a driver's
license to the individual until proOf of payment has been furnished to the Department
of Public Safety.
C.
The City shall establish rules to provide for notification to a parent or
guardian of any minor cited for a. violation of this section.
Ord. Nos. 18882,19128,21357,21419
SECTION 2213.
DISTRIBUTION OF TOBACCO PRODUCT SAMPLES
A.
It shall be unlawful and an offense for any person to distribute tobacco
product samples to any person under eighteen (18) years of age.
B.
Notwithstanding Subsection A of this section, no person shall distribute
tobacco product samples in or on any puhlic street, sidewalk, or park that is within three
hundred (300) feet of any playground, school, or other facility when the facility is being
used primarily by persons under eighteen (18) years of age.
C.
Penalty. .
Any person violating the provisions of Subsections Aor B of
this section. shall be guilty of an offense and upon conviction shall be purtished by a fine
of:
1.
and assessments, for the first offense;
2.
and assessments, for the second offense; and
3.
Not more than 1HREE HUNDRED DOLLARS ($300.00),exc1uding costs,
fees and assessments, fora third or subsequent offense.
D.
Notice To Be Sent To The Department of Public Safety. Upon failure of
an individual to pay any fine within ninety (90) days of the assessment of such fine, the
Clerk of the .Municipal Court shall notify the Department of Public Safety, and the
Department shall suspend or not issue a driver's license to the individual until proof of
payment has been furnished to the Department of·Public Safety.
Ord. Nos. 18882, 19128,21357, 21419
SECTION 2214.
SALE OF TOBACCO PRODUCTS EXCEPT IN ORIGINAL,
SEALED PACKAGE
A.
It is unlawful and an offense for any person to sell cigarettes except in the
original, sealed. package in which they were placed by the manufacturer.
Ch. 22, Pg. 13
Supp. 18 (7/1/08)
B.
Any person violating the provisions of Subsection A of this section shall
be guilty of an offense and upon conviction shall be punished by a fine of not more than
'!WO HUNDRED DOLLARS ($200.00), excluding costs, fees and assessments, for each
offense.
Ord. Nos. 18882,19128, 21357, 21419
SECTION 2215.
SIGNS IN RETAIL ESTABLISHMENTS REQUIRED
A.
Every person who sells or displays tobacco products at retail shall post
conspicuously and keep so posted at the place of business a sign, as specified by the
Alcoholic Beverage Laws Enforcement (ABLE) Commission, stating the following: "IT'S
THE LAW. WE DO NOT SELL TOBACCO PRODUCTS TO PERSONS UNDER 18
YEARS OF AGE." . The sign shall also prOVide the toll-free number operated by the
Alcoholic Beverage Laws Enforcement (ABLE) Commission for the purpose of reporting
violations of the Prevention of Youth Access to Tobacco Act.
B.
Any person violating the provisions of Subsections A of this section shall
be guilty of an offense and upon conviction shall be punished by a fine of not more than
Fifty Dollars ($50.00), excluding costs, fees and assessments, for each day a violation
occurs. Each day a violation is continuing shall constitute a separate offense. The notice
required by Subsection A of this section shall be the only notice required to be posted
or maintained in any store that sells tobacco products at retail.
Ord. Nos. 21357, 21419
SECTION 2216.
NOTICE TO RETAIL EMPLOYEES
A.
Every person engaged in the business of selling tobacco products at·retail
shall notify each individual employed by that person asa retail sales clerk that state law:
1.
Prohibits the sale or distribution of tobacco products to any person under
of age and the purchase or receipt of tobacco products by any person
under eighteen (18) years of age; and
eight~n (18) years
2.
Requires that proof of age be demanded from a prospective purchaser or
recipient if an ordinary person would conclude on the basis of appearance that the
prospective purchaser or recipient may be under eighteen (18) yeats of age.
B.
This notice. shall be provided before the individual commences work as a
retail sales clerk. The individual shall signify that he or she has received the notice
required by this section by signing a form stating as follows:
"I understand that state law prohibits the sale or distribution of tobacco
products to persons under eighteen (18) years of age and out-of-package
sales, and requires proof of age of purchaser or recipient if an ordinary
Ch. 22, Pg. 14
Title 27 ... Penal Code
Supp. 18 (7/1/08)
person would conclude on the basis of appearance that the prospective
purchaser or recipient may be under (18) years of age. I promise, as a
condition of my employment, to obey the law. I understand that violations
by me may be punishable by fines, suspension, or non-issuance of my
driveris license. In addition, I understand that violations by me may
subject the store owner to fines or license suspension.
Ord. Nos. 21357, 21419
SECTION 2217.
VENDING MACHINES SALES RESTRICTED.
A.
It shall be unlawful for any person to sell tobacco products through a
vending machine unless the vending machine is located:
1.
In areas of factories, businesses, offices, or other places that are not open
to the public; or
2.
In places that are open to the public, but to which persons under eighteen
(18) years of age are not admitted.
B.
be. guilty of an offense and upon conviction shall be punished by a fine of not more than
Two Hundred Dollars ($200.00), excluding costs, fees and assessments, for each offense.
Ord.Nos. 21357, 21419
SECTION 2218.
DISPLAY OR SALE OF TOBACCO PRODUCTS
A. . It is unlawful for any person or retail store to display or offer ror sale
tobacco products in any manner that allows public access to the tobacco product without
assistance from the person displaying the tobacco productor an employee or the owner
of the store. The provisions of this subsection shall not apply to retail stores which do
not admit into the store persons under eighteen (18) years· of age.
be guilty of an offense ahd upon conviction shall be punished by a fine of not more than
Two HtiI'l.dred Dollars ($200.00), exCluding costs, fees ahd assessments, for each offense.
B.
Ord. Nos. 21357,21419
SECTION 2219.
RESTRICTIONS ON MANNER OF ENFORCEMENT
A.
Any conviction for violation of Sections 2211 through 2219 of this chapter
and any compliance checks conducted by the City pursuant to Subsection B of this
section shall. be reported in writing to the Alcoholic Beverage La.ws Enforcement
("ABLE") Commission within thirty (30) days of the conviction or compliance check.
Such reports shall be compiled in the manner prescribed by the ABLE Commission.
Ch. 22, Pg. 15
Title 27 -Penal Code
Supp. 18 (7/l/08)
B.
Persons under eighteen (18) years of age may be enlisted by the City to
assist in enforcement of Sections 2211 through 2219 of this chapter; provided, such
persons may .be used to test compliance only if written parental consent has been
provided and the testing is conducted under the direct supervision of the Alcoholic
Beverage Laws Enforcement (liABLE") Commission or conducted by another law
enforcement agency if such agency has given written notice to the ABLE Commission
in the manner prescribed by the ABLE Commission. The City may conduct, pursuant
to rules of the ABLE Commission, compliance checks without prior notification to the
ABLE Commission and shall be exempt from the written notice requirement of this
subsection. This subsection shall not apply to the use of persons under eighteen (18)
years of age to test compliance if the compliance test is being conducted by or on behalf
of a retailer of cigarettes, as defined in 68 O.S.Sllpp.1996, § 301, at any location the
retailer of cigarettes is authorized to sell cigarettes.
Ord. Nos. 18882, 19128, 21357,21419
Ch. 23, Pg. 1
CHAPTER 23
RESTRICTED USE OF WATER IN TIMES OF SHORTAGE
Restricted Use of Water in Times of Shortages
Amended and Codified as Title ll-C, TRO,Chapter 13
by Ord. No. 17439
(1/1/1997)
Ch. 24, Pg. 1
(1/1/1997)
CHAPTER 24
CORPORATE DEFENDANTS
Section
Section
Section
Section
Section
Section
Section
2400.
2401.
2402.
2403.
2404.
2405.
2406.
SECTION 2400.
Information against Corporation - Summons.
Form of Summons.
Service of Summons.
Return of Officer.
Appearance and Plea by Corporation.
Appearance Bond.
Failure to Appear for Trial.
INFORMAnON AGAINST CORPORATION - SUMMONS
Upon an information against the corporation being filed in the Municipal Court,
a magistrate of the Court may issue a summons, signed by him with his name of office,
requiring the corporation to appear before him at a specified time and place to answer
the charge, the time to be not less than ten (10) days after the issuing of the summons.
SECTION 2401.
FORM OF SUMMONS
The summons must be in substantially the following form:
IN THE MUNICIPAL COURT
OF TULSA, OKLAHOMA
CITY OF TULSA, OKLAHOMA,
a Municipal Corporation,
Plaintiff,
)
)
)
)
)
)
v.
Defendant.
No.
)
)
)
)
)
IN THE NAME OF THE CITY OF TULSA, STATE OF OKLAHOMA, TO:
(name of corporation):
_
Ch. 24, Pg. 2
(1/1/1997)
YOU ARE HEREBY SUMMONED to appear before me at the Municipal Court of
Tulsa, Oklahoma, on the
day of
, A.D.
, at __.m., to
answer the charge made against you, upon the information of
_
_ _ _for the offense of
_
DATED, this,
day of
-', A.D.,_ _-" at Tulsa, Oklahoma.
Judge
SECTION 2402.
SERVICE OF SUMMONS
The summons shall be served at least five (5) days before the day of appearance
fixed therein, by delivering a copy thereof and showing the original to the president or
other head of the corporation or to the secretary, cashier or managing agent thereof.
SECTION 2403.
RETURN OF OFFICER
The officer to whom the summons is directed for service shall make return upon
the same, not more than three (3) days after service, showing the date he received the
summons, the date he served the summons and the person upon whom the summons
was served. The return of service shall be filed in the Office of the Court Clerk of the
Municipal Court.
SECTION 2404.
APPEARANCE AND PLEA BY CORPORATION
- At the time and date set for appearance in the summons, the corporate defendant
may appear by counselor by one of its officers and will be arraigned as in the case of
a natural person. If a plea of guilty is entered, the judge before whom such plea is
entered shall impose a fine as prescribed for the offense. If a plea of not guilty is
entered, the judge before whom such plea is entered shall set the amount of an
appearance bond to be paid in cash to the Clerk of the Court and a receipt shall issue
and the cause shall be set for trial.
SECTION 2405.
APPEARANCE BOND
The appearance bond provided for herein shall be in an amount sufficient to cover
the maximum fine that could be levied by the Court and all costs of the action. The
bond shall be refunded to the corporate defendant if the cause terminates without the
imposition of a fine or costs against the defendant. In the event the defendant shall be
Ch. 24, Pg. 3
(1/1/1997)
found guilty, the Clerk shall refund to the defendant all sums in excess of the fine
imposed and the court costs accrued.
SECTION 2406.
FAILURE TO APPEAR FOR TRIAL
In the event that the corporate defendant should fail to appear for trial, the
appearance bond required herein shall be forfeited, and no further proceedings shall be
had in the cause unless the corporate defendant shall deposit a second or subsequent
bond in the amount of the original bond with the Cuurt Clerk and request the Court to
set a date for trial of the action.
Ch. 25, Pg. 1
Supp. 2 (1 II 19R)
CHAPTER 25
DANGEROUS SUBSTANCES
Section 2500.
Section 2501.
Section 2502.
Section 2503.
Definitions.
Possession of Marijuana.
Delivery of Simulated Drug or Simulated Controlled
Dangerous Substance to Any Person.
Penalty.
SECTION 2500.
DEFINITIONS
A.
Marijuana means all parts of the plant Cannabis sativa 1., whether growing
or not; the seeds thereof; the resin extracted from any part of such plant; and every
compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds
or resin; but shall not include the mature stalks of such plant, fiber produced from such
stalks, oil or cake made from the seeds of such plant, any other compound, manufacture,
salt derivative, mixture or preparation of such mature stalks (except the resin extracted
therefrom), fiber, oil or cake or the sterilized seed of such plant which is incapable of
germination.
B.
Practitioner means:
A physician, dentist, podiatrist, an optometrist, veterinarian, an advanced
practice nurse recognized to prescribe by the Oklahoma Board of Nursing as an
advanced registered nurse practitioner, clinical nurse specialist or certified
nurse-midwife, subject to the medical direction of a supervising physician, pursuant to
59 O.S.supp.1996, § 567.3a, scientific investigator or other person licensed, registered or
otherwise permitted to prescribe, distribute, dispense, conduct research with respect to,
use for scientific purposes or administer a controlled dangerous substance in the course
of professional practice or research in this state; or
1.
2.
A pharmacy, hospital, laboratory or other institution licensed, registered
or otherwise permitted to distribute, dispense, conduct research with respect to, use for
scientific purposes or administer a controlled dangerous substance in the course of
professional practice or research in this state.
C.
Drug means:
Substances recognized as drugs in the official United States Pharmacopoeia,
official Homeopathic Pharmacopoeia of the United States or official National Formulary
or any supplement to any of them;
1.
Ch. 25, Pg. 2
Supp. 2 (1 II 19R)
2.
Substances intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in man or animals;
3.
Substances, other than food, intended to affect the structure or any function
of the body of man or other animals; and
4.
Substances intended for use as a component of any article specified in this
definition. It does not include any devices or their components, parts or accessories.
D.
Controlled Dangerous Substance means any drug or substance included
in Schedules I through V of the Uniform Controlled Dangerous Substances Act found in
63 0.5.1991, §§ 2-101, et seq., including, but not limited to:
1.
2.
morphine;
Cocaine and its derivatives;
Opiates and opium derivatives such as heroin, codeine, pethidine, and
3.
Hallucinogenic substances including lysergic acid diethylamide, marijuana
(Cannabis sativa 1.), including seed of mature plants, mescaline, psilocybin and various
types of methoxyamphetamines;
4.
Stimulants such as amphetamines and methamphetamines; and
5.
Barbiturates and other depressants such as amobarbital, secobarbital,
pentobarbital, phenobarbital, methaqualone, phencyclidine and diazepam.
E.
Simulated Drugs or Simulated Controlled Dangerous Substances means
any product which identifies itself by using a common name or slang term associated
with a controlled substance and which indicates on its label or accompanying
promotional material or is represented to simulate the effect of a controlled dangerous
substance.
F.
Deliver or Delivery means the actual, constructive or attempted transfer
from one person to another of a simulated drug or simulated controlled dangerous
substance, whether or not there is an agency relationship.
Ord. No. 19128
SECTION 2501.
POSSESSION OF MARIJUANA
It is unlawful for any person knowingly or intentionally to possess marijuana
unless such substance was obtained directly, or pursuant to a valid prescription or order
from a practitioner while acting in the course of his professional practice.
Ch. 25, Pg. 3
SECTION 2502.
Supp. 6 (1/1/00)
DELIVERY OF A SIMULATED DRUG OR SIMULATED
CONTROLLED DANGEROUS SUBSTANCE TO ANY
PERSON
It shall be unlawful for any person to deliver any simulated drug or simulated
controlled dangerous substance to another person.
SECTION 2503.
PENALTY
Unless otherwise expressly provided for in this chapter, every person violating
any provision of this chapter shall be guilty of an offense and upon conviction shall be
punished by a fine of not less than ONE HUNDRED FIFfY DOLLARS ($150.00), and not
more than, ONE THOUSAND DOLLARS ($1,000.00), excluding costs, fees and
assessments, or by imprisonment in the City Jail for a period of not more than six (6)
Ord. Nos. 15821, 19128, 19605
Ch. 26, Pg. 1
(1/1/1997)
CHAPTER 26
FALSE ALARMS
Section
Section
Section
Section
Section
2600.
2601.
2602.
2603.
2604.
Section 2605.
Section 2606.
Section 2607.
Section 2608.
Section 2609.
SECTION 2600.
False Alarms Defined.
Notice of False Alarm.
Chronic False Alarm System Defined.
Corrective Action and Penalty.
Restrictions on Use of Automatic Telephone Dialing Systems
and 911 System.
Police Inspection of Alarm Systems.
Prompt Response of Agents or Employees.
False Alarms.
Alarm User Responsibilities.
Penalty.
FALSE ALARMS DEFINED
Repealed by Ord. No. 18190
SECTION 2601.
NOTICE OF FALSE ALARMS
SECTION 2602.
CHRONIC FALSE ALARM SYSTEM DEFINED
SECTION 2603.
CORRECTIVE ACTION AND PENALTY
SECTION 2604.
RESTRICTIONS ON USE OF AUTOMATIC TELEPHONE
DIALING SYSTEMS AND 911 SYSTEM
A.
No person, company or other entity, with the exception of the City of Tulsa
Departments, shall use or operate, attempt to use or operate, or cause to be used or
operated, or arrange, adjust, program, or otherwise provide or install any device or
combination of devices that will automatically or upon activation either mechanically,
electronically or by any other means, initiate a telephonic, recorded or programmed
message to the emergency number 911 or any telephone number assigned to the City of
Tulsa Police Department.
Ch. 26, Pg. 2
(1/1 /1997)
B.
This section shall not be construed to prohibit any person from manually
calling the emergency number 911 or any telephone number assigned to the City of
Tulsa Police Department.
C.
offense.
Each violation of the provisions of this section shall constitute a separate
Ord. No. 17468
SECTION 2605.
POLICE INSPECTION OF ALARM SYSTEMS
SECTION 2606.
PROMPT RESPONSE OF AGENTS OR EMPLOYEES
A.
A central station, answering service or other remote monitoring service
shall, upon the request of the Tulsa Police Department, make every possible attempt to
dispatch an agent or employee to an alarm reported to the Tulsa Police Department for
police response.
B.
Upon notification, such agent or employee shall promptly respond to the
location of an alarm reported to the Tulsa Police Department for police response and
render all necessary service and assistance to restore the alarm to normal condition.
Failure to so respond within sixty (60) minutes from the time of notification is an
offense.
C.
Unless an actual emergency is determined to have occurred at the location
of an alarm responded to by the Tulsa Police Department, a police officer shall be under
no obligation to remain at the location of the alarm to wait for an alarm agent or
employee to arrive.
Ord. No. 17469
SECTION 2607.
FALSE ALARMS
It shall be an offense for any person:
A.
To tum on, send in or otherwise cause or permit any false call or alarm for
the purpose of attracting the attention of the Police or Fire Department;
B.
To use any other similar type emergency equipment used by the Police or
Fire Department without express permission from the Chief of the Police Department
of the City of Tulsa;
Ch. 26, Pg. 3
(1/1/1997)
C.
To molest or tamper with any police or fire alarm box, telephone, radio or
other instrument used in communicating or signaling either the Police or Fire
Department; or
D.
To tum in any type false alarm to any City official or department.
SECTION 2608.
ALARM USER RESPONSIBILITIES
A.
All alarm users, except vehicles alarm users, within the City of Tulsa are
required to have alarm system back-up power supplies that will become effective in the
event of a power failure or outage in the source of electricity from the utility company
and which will allow the alarm to maintain an armed condition and communication
capacity for a minimum of four (4) hours when not in an alarm condition. Within one
hundred and eighty (180) days after the effective date of this provision, all alarm users
shall comply with this section.
B.
All alarm users within the City of Tulsa having a local!audible alarm,
except financial institutions with Underwriters Laboratory approved local!audible
alarms, shall have the alarm adjusted in a manner that will allow it to sound for not
longer than fifteen (15) minutes before resetting and silencing itself. A local/ audible
alarm shall be allowed to have the alarm sound for no longer than thirty (30) minutes.
Within ninety (90) days after the effective date of this provision, all alarm users shall
comply with this section.
SECTION 2609.
PENALTY
Unless otherwise provided herein, any person found guilty of violating any of the
provisions of this chapter shall be guilty of an offense and upon conviction thereof shall
be punished by a fine of not more than FIVE HUNDRED DOLLARS ($500.00), excluding
costs, and/or by imprisonment in the City Jail for a period of up to ninety (90) days.
Ord. No. 16520
Ch. 27, Pg. 1
(1/1/1997)
CHAPTER 27
PRECIOUS METAL AND GEM DEALERS
Section 2700.
Section 2701.
Section 2702.
Section 2703.
Section 2704.
SECTION 2700.
Definitions.
Examination and Inspection.
Required Report.
Certain Goods to be Kept by Dealer, Time Period, Procedure.
Penalty.
DEFINITIONS
A.
Dealer means any person, partnership, sole proprietorship, corporation or
association which in the regular course of business, takes, receives, pays for or transfers
used precious metals or gems. "Dealer" shall not mean any supervised financial
institution, as defined by the Oklahoma Consumer Credit Code, a pawnshop licensed
under the Oklahoma Pawnshop Act and jewelers whose principal business is the sale
of items purchased directly from the original manufacturer, wholesaler, or their
authorized representative and who in the regular course of such business, accept trade-in
of items defined in this chapt~ as precious metals or gems, so long as the item or items
to be traded are not· greater in value than the item or items to be purchased. For
purposes of this exception, retail jewelers may not buy used precious metals or gems for
cash consideration only.
Employee means any person working for a dealer, whether or not the
person is in the direct employment of the dealer or works full time or part time, who
handles used precious metals or gems for the dealer. Employee shall not mean a person
employed by a bank, armored car company or other business entity acting in the sole
capacity of bailee-for-hire relationship with a dealer.
B.
C.
Gem means any precious or semiprecious stone or item containing a
precious or semiprecious stone customarily used in jewelry or ornamentation.
D.
Precious metal means platinum, gold or silver, but shall not mean any
ingot or bar manufactured by a commercial mint nor shall it mean any or all coins.
E.
Used means previously sold or traded.
Ord. No. 17084
SECTION 2701.
EXAMINATION AND INSPECTION
A.
Every dealer shall keep a permanently bound book, not loose leaf, with
pages numbered in sequence, in which there shall be legibly written at the time of any
Ch. 27, Pg. 2
0/1/1997)
transaction with any person involving the purchasing of any used item made or
containing in whole or in part any precious metal or gem, the following information:
1.
An account and description of the item purchased, including if applicable,
the manufacturer's name, the model, the model number, the serial number and any
engraved marking;
2.
The amount of money involved in the transaction;
3.
The date;
4.
The name, address and driver's license number of the person involved in
the transaction with the dealer; if the person has no driver's license, then the date of
birth and general physical description, including hair color and approximate height and
weight of that person; and
5.
The signature of the seller;
The book required by this section shall be a permanent record to be kept
available for inspection at all times on the premises of the business of the licensed
dealer. Such book shall be made available during regular business hours for inspection
by any Tulsa Police Officer. Every entry in such book shall be made in ink and shall not
in any manner be obliterated or erased.
B.
C.
No dealer shall be required to furnish the description of any new property
purchased from manufacturers or wholesale dealers at an established place of business
or of any goods purchased from any bankrupt stock. Such goods shall be accompanied
by a bill of sale or other evidence of open and legitimate purchase. The bill of sale shall
also be available for inspection during regular business hours.
D.
No dealer shall be required to furnish a description of property purchased
from another licensed dealer or to meet the holding period provided in Section 2703 of
this chapter if that dealer has met the requirements provided for in Subsection A of this
section and Section 2703 of this chapter upon the initial purchase of the property;
provided, however, that each dealer shall record the license number of the other dealer
and the amount of the transaction.
Ord. No. 17084
SECTION 2702.
REQUIRED REPORT
A.
A dealer shall cause to be delivered to the Chief of Police or his designee,
either by delivery to the Main Police Station or deposit in the United States Mail, a copy
or report of any transaction involving the purchasing of any used item made of or
containing in whole or in part any precious metal; provided that such copy or report
Ch. 27, Pg. 3
(1/1 /1997)
shall be in the possession of the appropriate Police personnel within three (3) days of the
transaction; and provided further, that such copy or report shall be on a form supplied
or approved by the Chief of Police~ Such copy or report shall contain, at a minimum,
the following information:
1.
The name and address of the dealer;
2.
The name, address and driver's license number of the person involved in
the transaction with the dealer; if the person has no driver's license, the date of birth and
general physical description, including hair color and approximate height and weight
of that person;
3.
The buy transaction number;
4.
The date of the transaction; and
5.
An account and description of the item purchased, including if applicable,
the manufacturer's name, the model, the model number, the serial number and any
engraved marking.
Ord. No. 17084
SECTION 2703.
CERTAIN GOODS TO BE KEPT BY DEALER, TIME
PERIOD, PROCED.URE
A.
Every dealer must keep at the business location designated in the license
application required by the State all used articles made in whole or in part of precious
metals or gems, for inspection by any Tulsa Police Officer at reasonable times for a
period of ten (10) days or until the articles have been released by written authorization
of any Tulsa Police Officer, except as provided for in Subsection 2701.C. of this chapter.
During this period, the appearance of such articles shall not be altered in any way. A
dealer is not prohibited from selling or arranging to sell such articles during this ten (10)
day period so long as such articles remain in his possession as required by this section.
B.
A dealer may also designate an additional location for storage of items
required to be held under the provisions of this chapter. This location shall be either a
vault or a bank. The designated additional location shall be available for inspection by
any Tulsa Police Officer.
Ord. No. 17084
SECTION 2704.
PENALTY
Any person violating any provision of this chapter, either by doing anything
which is prohibited or by failure or refusal to do anything which is commanded, shall
be guilty of an offense and upon conviction thereof shall be punished by a fine of not
Ch.27,Pg.4
(1/1/1997)
more than FIVE HUNDRED DOLLARS ($500.00), excluding costs, and/or by
imprisonment in the City Jail for a period of not more than ninety (90) days. Each day
of such violation shall be deemed a separate offense.
Ord. No. 17084
Ch. 28, Pg. 1
(1/1/1997)
CHAPTER 28
CURFEW HOURS FOR JUVENILES
Section
Section
Section
Section
Section
Section
Section
2800.
2801.
2802.
2803.
2804.
2805.
2806.
SECTION 2800.
Title.
Purpose and Intent.
Definitions.
Offenses.
Defenses.
Enforcement.
Penalties.
TITLE
This Chapter shall be known as the "Curfew Hours for Juveniles" Ordinance.
Ord. No. 18331
SECTION 2801.
PURPOSE AND INTENT
The public purpose of this ordinance is to protect juveniles from nocturnal
dangers, enhance parental supervision and responsibility for juveniles, reduce juvenile
criminal activity and protect the public at large.
Ord. No. 18331
SECTION 2802.
DEFINITIONS
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
A.
Curfew Hours shall mean:
1.
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday
until 6:00 a.m. of the following day; and
2.
12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
B.
Emergency shall mean an unforeseen combination of circumstances or the
resulting state that calls for immediate action. The term indicates, but is not limited to,
a fire, a natural disaster, an automobile accident, or any situation requiring immediate
action to prevent serious bodily injury or loss of life.
Ch. 28, Pg. 2
(1/1/1997)
C.
Establishment shall mean any privately-owned place of business operated
for a profit to which the public is invited, including but not limited to any place of
amusement or entertainment.
D.
Guardian shall mean:
1.
A person who, under court order, is the guardian of the person of a
juvenile; or
2.
A public or private agency with whom a juvenile has been placed by a
E.
Juvenile shall mean any person under 18 years of age.
court.
Knowingly permit shall mean the parent, other responsible adult and/or
operator, as defined herein, is aware of the fact the juvenile is in violation of the curfew
hours or that said person by exercise of reasonable care would have known that the
juvenile is in violation of the curfew hours.
F.
G.
Operator shall mean any individual, firm, association, partnership, or
corporation operating, managing, or conducting any establishment. The term includes
the members or partners of an association or partnership and the officers of a
corporation.
H.
Parent shall mean a person who is a natural parent, adoptive parent, or
step-parent of another person.
I.
Public Place shall mean any place to which the public or a substantial
group of the public has access and includes, but is not limited to streets, highways and
the common areas of schools, hospitals, apartment houses, office buildings, transport
facilities, and retail establishments.
J.
Remain shall mean to:
1.
Linger or stay; or
2.
Fail to leave premises when requested to do so by a police officer or the
owner, operator, or other person in control of the premises.
K.
Responsible Adult shall mean any person having, assuming or charged
with permanent and/or temporary care and/or custody of a juvenile, including, but not
limited to:
1.
Any legal guardian or adult exercising legal guardianship over a juvenile;
Ch. 28, Pg. 3
2.
3.
of a court;
Supp. 6 (1/1/00)
Any adult who stands in loco parentis to a juvenile;
Any person to whom legal custody of a juvenile has been given by order
4.
Any adult who has, assumes or is charged with the care and/or custody
of a juvenile at the request of or on behalf of a parent, guardian, loco parentis or person
to whom legal custody has been given by order of a court; and/or
5.
Any adult who has, assumes or is charged with the care and/or custody
of a juvenile at the requests of or on behalf of another parent.
Ord. No. 18331
SECTION 2803.
OFFENSES
A.
A juvenile commits an offense if he/she remains in any public place or on
the premises of any establishment within the corporate city limits of the City of Tulsa
during curfew hours.
B.
A parent and/or other responsible adult of a juvenile commits an offense
if he/she knowingly permits or allows, the juvenile to remain in any public place or on
the premises of any establishment within the corporate city limits of the City during
curfew hours.
C.
The owner, operator, or any employee of an establishment commits an
offense if he knowingly permits or allows a juvenile to remain upon the premises of the
establishment during curfew hours.
Ord. No. 18331
SECTION 2804.
DEFENSES
A.
It is a defense to prosecution under Section 2803 that the juvenile was at
the time in question:
1.
Accompanied by the juvenile's parent or responsible adult;
2.
On an errand at the direction of the juvenile's parent or responsible adult,
without any detour or stop;
3.
In a motor vehicle involved in interstate travel;
4.
Engaged in an employment activity, or going to or returning home from
an employment activity, without any detour or stop;
Ch. 28, Pg. 4
5.
Supp. 6 (1/1/00)
Involved in an emergency;
6.
On the sidewalk abutting the juvenile's residence or abutting the residence
of a next-door neighbor if the neighbor did not complain to the Police Department about
the juveniles presence;
7.
Attending, going to or returning home, without any detour or stop, from
an official school, religious, or other recreational activity supervised by adults or an
event sponsored by the City of Tulsa, a civic organization, or another similar entity that
takes responsibility for the juvenile;
8.
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech, and the right of
assembly or other rights protected by the United States or the Oklahoma Constitution;
or
9.
Married or had been married or had disabilities of minority removed in
accordance with state law.
B.
It is a defense to prosecution under Subsection 2803.C. that the owner,
operator or employee of an establishment promptly notified the Police Department that
a juvenile was present on the premises of the establishment during curfew hours and
refused to leave.
Ord. No. 18331
SECTION 2805.
ENFORCEMENT
Before taking any enforcement action under this chapter, a police officer shall ask
the apparent offender's age and reason for being in the public place. The officer shall
not issue a citation or make an arrest under this chapter unless the officer reasonably
believes that an offense has occurred and that based on any response and other
circumstances, no defense in Section 2804 is present.
Absent an interlocal agreement with the district court for the municipal court to
exercise jurisdiction over juveniles under 18 years of age under Section 2802 pursuant
to 10 O.S.Supp.1996, § 7303-1.2, the municipal court must refer all alleged juvenile
violations to the Juvenile Bureau of the District Attorney's Office.
Ord. No. 18331
SECTION 2806.
PENALTIES
A.
A person who violates a provision of this chapter is guilty of a separate
offense for each day or part of a day during which the violation is committed, continued,
or permitted. Each offense, upon conviction, is punishable by a fine not to exceed TWO
Ch. 28, Pg. 5
Supp. 6 (1/1/00)
HUNDRED DOLLARS ($200.00), excluding costs, fees and assessments. The Court may
require community service work prescribed by the Court in lieu of a fine if the product
of multiplying the number of hours of community service work by the prevailing
minimum wage does not result in a number which exceeds the maximum fine
authorized by law.
B.
The municipal court's jurisdiction over a juvenile who violates Section 2803
of this chapter shall be expressly subject to 10 O.S.Supp.1996, § 7303-1.2.
Ord. Nos. 18331, 19605

Title 27 -Penal Code

Transcription

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