It is unlawful to violate any of the provisions of 21 O.S. and all such provisions are adopted by reference. This section shall not be construed to adopt or punish that which is a felony under state law.

(a)

An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.

(b)

A battery is any willful and unlawful use of force or violence upon the person of another.

(c)

It is unlawful to commit an assault or an assault and battery within the city, and any person committing an assault and battery within the city is guilty of an offense.

(Code 1977, § 9.14.010)

State Law reference— Assault and battery, 21 O.S. § 641 et seq.

It is unlawful for any person, except by proper authority, to remove any barricade or obstruction placed by authority of the city to keep traffic off any pavement, street, curb, sidewalk or other area.

(Code 1977, § 9.04.030)

It shall be unlawful for the driver of any vehicle, other than one on official business, to follow any emergency vehicle or to purposely drive to any location on or near a highway where a disaster area exists. Any person violating this section shall, upon conviction, be subject to the penalties set forth in section 1-8.

(Ord. No. 739, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1211.

(a)

Any person who deliberately places, throws, drops, dumps, deposits or discards any garbage, trash, waste, rubbish, refuse, debris or other deleterious substance on any public property or on any private property of another without consent of the property owner shall, upon conviction, be subject to the penalties set forth in section 1-8.

(b)

In addition to the penalty prescribed by section 1-8 of this Code, the court may direct the person to make restitution to the property owner affected; to remove and properly dispose of the garbage, trash, waste, rubbish, refuse or debris from the property; to pick up, remove and properly dispose of garbage, trash, waste, rubbish, refuse, debris and other nonhazardous deleterious substances from public property; or perform community service or any combination of the foregoing which the court, in its discretion, deems appropriate. The dates, times and locations of such activities shall be scheduled by the police department pursuant to the order of the court in such a manner as not to interfere with the employment or family responsibilities of the person.

(c)

The discovery of three or more items which have been dropped, dumped, deposited, discarded, placed or thrown at one location and which bear a common address in a form which tends to identify the latest owner of the items shall create a rebuttable presumption that any competent person residing at such address committed the unlawful act.

(Ord. No. 746, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1761.1.

It is unlawful for any person to throw or shoot any stone, shot or other object into or across any street or alley, or in any place where he is likely to hit another person wrongfully or to injure property, or to throw or shoot any stone, shot or other object at any person, vehicle, structure, electric light or other property of another, whether public or private, except in the case where such is done in defense of oneself, of another person or of property.

(Code 1977, § 9.50.030)

State Law reference— Assault and battery, 21 O.S. § 641 et seq.; malicious mischief, 21 O.S. § 1751 et seq.

It shall be unlawful for any person, except an authorized person, to proceed to or to remain at a disaster area for the purpose of being a bystander, spectator, sightseer or souvenir hunter; or for any such person to take or remove from the disaster area, or disturb or move any material objects, equipment or thing, either directly or indirectly, relating or pertaining to the disaster. Upon conviction, such person shall be subject to the penalties set forth in section 1-8.

(Ord. No. 752, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1212.

It is unlawful for any person confined in the city jail or other place of confinement by the city, or working upon the streets or other public places of the city in pursuance of any judgment, or otherwise held in legal custody by authority of the city, to escape or attempt to escape from any such jail, prison or custody.

(Code 1977, § 9.08.020)

State Law reference— Escapes, 21 O.S. § 431 et seq.

It is unlawful for any person or any agent or employee thereof, knowingly to make any material misrepresentation to any officer, employee or agency of the city government in any official application to, or official dealing or negotiation with, such officer or agency.

(Code 1977, § 9.04.020)

It is unlawful for any person to impersonate any officer or employee of the city, falsely represent himself to be an officer or employee of the city, or exercise or attempt to exercise any of the duties, functions or powers of an officer or employee of the city without being duly authorized to do so.

(Code 1977, § 9.20.010)

State Law reference— Impersonating public officer, 21 O.S. §§ 263, 264.

It is unlawful for any person, knowingly or willfully, to resist, oppose or obstruct the chief of police, any other policeman, the municipal judge or other officer or employee of the city in the discharge of his official duties; or by threat or violence or physical resistance, or to intimidate or attempt to intimidate by threat or use of force or violence any such officer or employee from the discharge of his official duties, or to assault any such officer or employee while such officer or employee is in the discharge of his official duties.

(Code 1977, § 9.04.010; Ord. No. 676, § 1, 11-4-1997)

State Law reference— Resisting, opposing or intimidating public officers or public employees, 21 O.S. §§ 540, 543.

(a)

An officer of the city making or about to make an arrest, or executing or about to execute a warrant or other process, in accordance with the ordinances of the city or with state or federal law, or suppressing or about to suppress a riot, affray or unlawful assembly, may call upon a person to assist him in making such arrest, executing such process or suppressing such riot, affray or unlawful assembly.

(b)

It is unlawful for any person lawfully called upon thus to assist an officer of the city to refuse or fail to do so.

(Code 1977, § 9.06.010)

State Law reference— Refusal to assist officer, 21 O.S. § 537.

It is unlawful for any person, in any unlawful manner, to set at liberty or rescue or attempt to set at liberty or rescue, any prisoner, from any officer or employee of the city having legal custody of the prisoner or from the city jail or other place of confinement by the city, or to assist such prisoner in any manner to escape from such prison or custody, or to give such prisoner any weapon or object which might be used as a weapon or instrument to assist him in escape, or to give such prisoner any alcoholic beverage or narcotics.

(Code 1977, § 9.08.010)

State Law reference— Rescuing or assisting prisoners, 21 O.S. § 437 et seq.

(a)

Any operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a peace officer driving a motor vehicle showing him to be an official police, sheriff, highway patrol or state game ranger vehicle directing the operator to bring his vehicle to a stop, and who willfully increases his speed or extinguishes his lights in an attempt to elude such peace officer, or willfully attempts in any other manner to elude the peace officer, or who does elude such peace officer, shall, upon conviction, be subject to the provisions of section 1-8.

(b)

The peace officer, while attempting to stop a violator of this section, may communicate a request for the assistance of other peace officers from any office, department or agency.

(c)

Any peace officer within this state having knowledge of such request is authorized to render such assistance in stopping the violator and may effect an arrest under this section upon probable cause.

(d)

Violation of this section shall be punishable by a fine of not less than $100.00 or by both such fine and imprisonment.

(e)

This section shall only apply to first offenses in which great bodily injury has not occurred as set forth in 21 O.S. § 540A.

(Code 1977, § 10.40.050; Ord. No. 748, § 1, 5-16-2000)

State Law reference— Eluding a police officer, 21 O.S. § 540A.

(a)

Wherever three or more persons assemble with intent or with means and preparations to do an unlawful act which would be a riot if actually committed, but do not act toward the commission thereof, or whenever such persons assemble without authority of law, and in such a manner as is adapted to disturb the public peace, or excite public alarm, such assembly is an unlawful assembly and, upon conviction, shall be subject to the penalties provided in section 1-8.

(b)

It is unlawful for two or more persons to assemble together or being assembled together, to act in concert to do any unlawful act against the peace, or to the terror of others, or to make any movement thereto or any preparation therefor, or otherwise to assemble together unlawfully or riotously.

(Code 1977, § 9.38.010; Ord. No. 751, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. §§ 1314, 1315.

(a)

It shall be unlawful for a person who, by means of a telephone, willfully either:

(1)

Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent;

(2)

Makes a telephone call, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death;

(3)

Makes a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at the called number;

(4)

Knowingly permits any telephone under his control to be used for any purpose prohibited by this section; and

(5)

In conspiracy or concerted action with other persons, makes repeated calls or simultaneous calls solely to harass any person at the called number.

(b)

Use of a telephone facility under this section shall include all use made of such a 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.

(c)

Any person who is convicted of the provisions of subsection (a) of this section, shall be subject to the penalties set forth in section 1-8. It is specifically provided that this entire section shall only apply to first offenses.

(Ord. No. 656, § 1, 11-5-1996; Ord. No. 738, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1172.

It is unlawful for any person to disturb the peace of another or others by violent, obstreperous or improper conduct or carriage, by loud or unusual noise or by unseemly, obscene, offensive or abusive language; or to insult another or others by such conduct or language; or to conduct himself in a disorderly manner.

(Code 1977, § 9.40.010)

It is unlawful for any person to disturb any congregation or assembly of persons meeting for religious worship by making noise, by rude, indecent or improper behavior, by profane, improper or loud language or in any other manner, either within the place of worship or within hearing distance thereof.

(Code 1977, § 9.40.020)

State Law reference— Disturbing religious worship, 21 O.S. § 915.

It is unlawful for any person to disturb any lawful public gathering or assembly by making noise, by rude, indecent or improper behavior, by profane, improper or loud language or in any other manner, either within the place of assembly or within hearing distance thereof.

(Code 1977, § 9.40.030)

State Law reference— Disturbing public assembly, 21 O.S. § 1361.

Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting, not unlawful in its character, other than a religious meeting, public meeting of electors or funeral, shall be subject to the penalties as provided in section 1-8.

(Ord. No. 741, § 1, 5-16-2000)

State Law reference— Disturbing public assembly, 21 O.S. § 1361.

It is unlawful for any person to display any sign, emblem, badge, flag or device which in its common acceptance is insulting, profane or abusive to the citizens of the city, and which is calculated, or of which the natural consequence is, to cause a breach of the peace or an assault.

(Code 1977, § 9.40.050)

It is unlawful for any person to circulate any literature or use any language within the corporate limits of the city that casts profane ridicule on any deity or religion, which in its common acceptance is calculated to cause a breach of the peace or an assault.

(Code 1977, § 9.40.060)

State Law reference— Blasphemy, 21 O.S. § 901.

It is unlawful for any person to disturb the peace and quietude of any part of the city by operating, having operated or permitting to be operated, any contrivance, whether electric or not, with or without a loudspeaker, in such a manner as to emit loud music, noise or words. However, this shall not prohibit religious bodies from playing chimes, bells, carillons or other religious music.

(Code 1977, § 9.40.040)

State Law reference— Disturbing the peace, 21 O.S. § 1361 et seq.

(a)

It is unlawful for any person, without lawful reason, between the hours of midnight and sunrise, to loiter or wander aimlessly within the city on the streets, in other public places or on property of another; or during such time to sleep on any street, in any other public place or on any property of another without the expressed or tacit consent of the owner or person in charge of such place.

(b)

It is unlawful for a person to loiter on or about the premises of a public or private school, or in or about any other public building, or in or about a depot of a public carrier.

(Code 1977, § 9.36.010)

It is unlawful for any person not acting within his line of duty, not having any proper business or not being on any proper mission requiring his presence there, to loiter within a railroad building, upon a railroad station platform or anywhere upon a railroad yard or other railroad premises.

(Code 1977, § 9.36.020)

It is unlawful for any person to beg alms from any person, organization or agency except an organization or agency, public or private, whose purpose, or one of whose purposes, is to aid persons in need.

(Code 1977, § 9.34.010)

(a)

Every person who hides, waits or otherwise loiters in the vicinity of any private dwelling house, apartment building or any other place of residence with the unlawful and willful intent to watch, gaze or look upon the occupants therein in a clandestine manner, upon conviction, shall be subject to the penalties set forth in section 1-8.

(b)

It is unlawful for any person to hide or loiter in the vicinity of any private dwelling house, apartment or building and watch, gaze or look at occupants therein in a clandestine manner.

(Code 1977, § 9.22.010; Ord. No. 736, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1171.

(a)

Certain noise disturbances prohibited. It shall be unlawful for any person to make, continue, or cause to be made or continued the use or operation of any device designed for sound production, amplification, or reproduction, including but not limited to any radio, musical instrument, phonograph, television set, tape recorder, loudspeaker, or other similar device such as to produce a noise disturbance:

(1)

If plainly audible within any dwelling unit that is not the source of the sound; or

(2)

On public property or on a public right of way so as to be plainly audible 50 feet or more from such device, except as authorized by permit.

(b)

Definitions.

(1)

Noise disturbance as used in this section means any plainly audible sound which:

a.

Injures or endangers the safety or health of a human; or

b.

Annoys or disturbs a reasonable person of normal sensitivities; or

c.

Endangers or injures personal or real property.

(2)

Plainly audible as used in this section means where the listener clearly can hear the content of the sound produced by the noise source. Sounds that may be clearly audible include, but are not limited to, musical rhythms, spoken words, and vocal sounds.

(c)

Exemptions. The provisions of this section shall not apply to:

(1)

Noise created or to be created as the result of provisions of the use or operation of any device designed for sound production, amplification, or reproduction, including but not limited to any radio, musical instrument, phonograph, television set, tape recorder, loudspeaker, or other similar device such that a permit shall be issued beforehand by the city manager, and such event shall be conducted in accord with provisions of such permit.

(2)

Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way.

(d)

Permits. Upon written application, the city manager or designee may issue a permit for the use or operation of any device designed for sound production, amplification, or reproduction, including but not limited to any radio, musical instrument, phonograph, television set, tape recorder, loudspeaker, or other similar device which sound may meet or exceed that otherwise prohibited by this section when the applicant can show that such use or operation is related to a special event; that the applicant has taken or will take reasonable steps to minimize the disruption to others not involved in the event; that the special event is of a temporary or transient nature limited in time. The decision of the city manager shall be final. The permit shall be specific in scope reciting the time(s) and date(s) of the event.

(e)

Penalties.

(1)

Any person who violates any provision of this section shall, upon conviction thereof, be guilty of an offense against the city and be subject to a fine not to exceed $100.00 per violation.

(2)

Each day of violation of any provision of this section shall constitute a single offense if the disturbance is continuous. If the disturbance is not continuous, each violation of any provision of this section shall constitute a separate offense, although committed on the same day.

(Ord. No. 780, § 1, 5-15-2001)

(a)

For purposes of this section, the term "noise disturbance" means any sound which endangers or injures the safety or health of humans or animals, or annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property, or unreasonably disturbs or interferes with the peace, comfort and repose of owners or possessors of real property.

(b)

No person shall create, or allow the creation of, a frequent, repetitive or continuous noise disturbance in connection with the use or operation of any motor vehicle, off-road recreational vehicle, motorcycle, all-terrain vehicle, minibike or other vehicle.

(c)

No owner, possessor, lessor or lessee of real property shall knowingly allow any motor vehicle, off-road recreational vehicle, motorcycle, all-terrain vehicle, minibike or other vehicle which creates a noise disturbance to be driven across his property.

(d)

Penalties.

(1)

Any person who violates any provision of this section shall, upon conviction, be subject to the penalties set forth in section 1-8.

(2)

Each day of violation of any provision of this section shall constitute a single offense if the disturbance is continuous. If the disturbance is not continuous, each violation of any provision of this section shall constitute a separate offense, although committed on the same day.

(Ord. No. 1095, § 1, 12-17-2013)

It is unlawful for any person to place, stick, tack, paste, post, paint, mark, write or print any sign, poster, picture, announcement, advertisement, bill, placard, device or inscription upon any public or private building, fence, sidewalk, bridge, viaduct, post, automobile, other vehicle or other property of another, without the consent of the owner or person in charge thereof.

(Code 1977, § 9.50.020)

It is unlawful for any person knowingly to deceive another, whether by impersonation, misrepresentation or otherwise, when such deception results in or contributes to the loss, damage, harm or injury of the person deceived or of a third party, or results in or contributes to the benefit of the deceiver.

(Code 1977, § 9.48.010)

State Law reference— Fraud generally, 21 O.S. § 1501 et seq.

It is unlawful for any person, with intent to cheat and defraud, to obtain or attempt to obtain from any person any money, property or valuable thing of the value of $50.00 or less by means of any false or bogus check or by any other written, printed or engraved instrument or spurious coin. The term "false or bogus check" includes checks or orders given for money or property which are not honored on account of insufficient funds of the maker to pay such check or order, as against the maker or drawer thereof. The making, drawing, issuing or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud, and the knowledge of insufficient funds in or credit with such bank or other depository, provided such maker or drawer shall not have paid the drawee the amount due thereon, together with the protest fees, within five days from the date such check or order is presented for payment; and provided further, that the check or order is presented for payment within 30 days after such check or order is delivered and accepted.

(Code 1977, § 9.48.020)

State Law reference— Bad checks, 21 O.S. § 1541.3 et seq.

(a)

Petit larceny is the taking of personal property of value of not to exceed $50.00, accomplished by fraud or stealth and with intent to deprive another thereof, when the property is not taken from the person of another.

(b)

Petit larceny is unlawful, and any person who commits petit larceny is guilty of an offense.

(Code 1977, § 9.52.010)

Cross reference— Definitions generally, § 1-2.

(a)

As used in this section:

Demand means either actual notice to the possessor of any library materials or the mailing of written notice to the possessor at the last address of record which the library facility has for such person, demanding the return of designated library materials. If demand is made by mail it shall be deemed to have been given as of the date the notice is mailed by the library facility.

Library facility means any of the following:

(1)

Public library;

(2)

Library of an educational, historical or eleemosynary institution, organization or society;

(3)

Museum; or

(4)

Repository of public or institutional records.

Library material means any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, catalog cards or catalog records, electronic data processing records, computer software, artifacts or other documentary, written or printed materials regardless of physical form or characteristics, belonging to or on loan to, or otherwise in the custody of a library facility.

(b)

Any person shall be guilty, upon conviction, of library theft who willfully:

(1)

Removes or attempts to remove any library material from the premises of a library facility without authority;

(2)

Mutilates, destroys, alters or otherwise damages, in whole or in part, any library materials; or

(3)

Fails to return any library materials which have been lent to such person by the library facility, within seven days after demand has been made for the return of the library materials.

(c)

A person convicted of library theft shall be guilty of a misdemeanor but shall not be subject to imprisonment. The punishment for conviction of library theft shall be:

(1)

If the aggregate value of the library material is $200.00 or less, by fine not exceeding $200.00, or the offender shall make restitution to the library facility, including payment of all related expenses incurred by the library facility as a result of the actions of the offender, or both such fine and restitution; or

(2)

If the aggregate value of the library material is greater than $200.00, the matter may not be prosecuted in the municipal court.

(d)

Copies of the provisions of this section shall be posted on the premises of each library facility.

(Ord. No. 737, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1739.

(a)

As used in this section, the term "merchant" means an owner or operator of any mercantile establishment, and includes the merchant's employees, servants, security agents or other agents; the term "mercantile establishment" means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale; the term "unemancipated minor" means any unmarried person under 18 years of age under direct supervision and care of the parent or legal guardian of the minor; and the term "emancipated minor" means any person under 18 who is married and/or not under direct supervision and care of the parent or legal guardian of the minor.

(b)

An adult or emancipated minor who takes possession of any goods, wares or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner, seller or merchant and with the intention of converting such goods, wares or merchandise to his own use without having paid the purchase price thereof, shall be liable in a civil action for the retail price of the merchandise if it is unsalable or the percentage of the diminished value of the merchandise due to the conversion together with attorney fees and court costs.

(c)

The parent or legal guardian having custody of an unemancipated minor who takes possession of any goods, wares or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner, seller or merchant, and with the intention of converting such goods, wares or merchandise to his own use without having paid the purchase price thereof shall be liable in a civil action for the retail price of the merchandise if it is unsalable or the percentage of the diminished value of the merchandise due to the conversion together with attorney fees and court costs.

(Ord. No. 744, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1731.1.

Larceny of merchandise held for sale in retail or wholesale establishments shall be punishable as follows:

(1)

For the first conviction, if the value of the goods, edible meat or other corporeal property which has been taken is less than $50.00, punishment shall be by imprisonment not exceeding ten days, and by a fine of not less than $10.00 nor more than $100.00, provided, for the first conviction, if more than one item of goods, edible meat or other corporeal property has been taken, punishment shall be by imprisonment not to exceed ten days, and by a fine not less than $50.00 nor more than $100.00.

(2)

Any person having a prior conviction under this section or 21 O.S. § 1731 shall not be prosecuted in the municipal court.

(Ord. No. 749, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1731.

Any person who pumps gasoline into the gasoline tank of a vehicle and leaves the premises where the gasoline was pumped without making payment for the gasoline shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $100.00, or imprisonment of not more than ten days, or by both such fine and imprisonment.

(Ord. No. 750, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1740.

(a)

Any person who shall obtain food, lodging, services or other accommodations at any hotel, inn, restaurant, boardinghouse, roominghouse, motel or auto camp, with intent to defraud the owner or keeper thereof, if the value of such food, lodging, services or other accommodations is $20.00 or less, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding $100.00, or be imprisoned for not more than ten days, or punished by both such fine and imprisonment. Any person who shall obtain shelter, lodging or any other services at any apartment house, apartment, rental unit, rental house or trailer camp, with intent to defraud the owner or keeper, upon conviction, shall be fined not exceeding $100.00, or be imprisoned not exceeding ten days, or be punished by both fine and imprisonment.

(b)

Proof that such lodging, food, services or other accommodations were obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, or that he gave a check, on which payment was refused, or that he left the hotel, inn, restaurant, boardinghouse, roominghouse, motel, apartment house, apartment, rental unit or rental house, trailer camp or auto camp, without payment or offering to pay for such food, lodging, services or other accommodation, or that he surreptitiously removed or attempted to remove his baggage, or that he registered under a fictitious name, shall be prima facie proof of the intent to defraud mentioned in this section; but this section shall not apply where there has been an agreement in writing for delay in payment.

(Ord. No. 743, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1503.

Any person having any item of personal property in his possession or under his control by virtue of a lease, rental agreement or rental-purchase agreement who willfully and fraudulently fails to return such item of personal property within ten days after the lease, rental agreement or rental-purchase agreement has expired, or who fraudulently secretes or appropriates such property to any use or purpose not within the due and lawful execution of his lease or rental agreement shall be guilty of embezzlement and subject to the penalties of section 1-8.

(Ord. No. 742, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1464.

It is unlawful for any person to climb upon, hold to or in any manner attach himself to any railway train, locomotive or railway car, while such is in motion within the city, unless such person is acting in the line of duty; or to board any train or railroad car (passenger, freight or other) except with a proper ticket or the permission of the person in charge of the train or car, or in the line of duty.

(Code 1977, § 9.56.010)

"Trespass" means each and every actual entry upon a premises without the express or the implied consent of the owner or other person in lawful possession. "Trespass" also means remaining upon the premises of an owner or refusing to leave the premises after being directed to leave by the owner, or the agent, or employee of the owner or other person in lawful possession of the premises. "Trespass" also means the act of 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, that the provisions of this sentence 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 sentence apply unless hours of business operation are posted upon such premises. "Trespass" also means the act of returning to private property before the posted time of opening for business operation on such premises under the terms of this section. It is a violation of this section for any person to commit a trespass as defined in this section.

(Code 1977, § 9.54.030)

Every person who intrudes or squats upon any lot or piece of land within the city without a license or authority from the owner thereof, or who erects or occupies thereon any hut, hovel, shanty or other structure without such license or authority, and every person who places, erects or occupies within the bounds of any street, alley or avenue of the city any hut, hovel, shanty or other structure whatever, is guilty of an offense.

(Code 1977, § 9.54.010)

State Law reference— Intrusion onto land, 21 O.S. § 1353.

It is unlawful for any person to enter upon the property of another or into an area or structure on such property whether such property, area or structure is public or private, when such entrance is plainly forbidden by signs or otherwise, or when the property, area or structure is enclosed, except when such entry is in the line of duty or with the expressed or tacit consent of the owner or person in charge or otherwise by authority of law or ordinance.

(Code 1977, § 9.54.020)

The superintendent or principal of any secondary, middle or elementary school shall have the authority to order any person out of the school buildings and off the school property when it appears that the presence of such person is a threat to the peaceful conduct of school business and school classes. Any person who refuses to leave the school buildings or grounds after being ordered to do so by the superintendent or principal, shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the penalties of section 1-8.

(Ord. No. 747, § 1, 5-16-2000)

State Law reference— Similar provisions, 70 O.S. § 24-131.

It is unlawful for any person to destroy, injure, deface, besmear or molest any structure, building, outbuilding, fence or any other property, real or personal, public or private, belonging to another; or to use any such property wrongfully to the detriment of the owner or other person entitled to its use; or to interfere wrongfully with the use of any such property by its owner or any other person entitled to its use.

(Code 1977, § 9.50.010)

State Law reference— Malicious mischief, 21 O.S. § 1751 et seq.

It is unlawful for any person to connect or attach any kind of pipe, wire or other contrivance to any pipe, line, wire or other conductor carrying gas, water or electricity and belonging to a public utility, whether publicly or privately owned, in such a manner as to enable him to consume or use the gas, water or electricity without its passing through the meter or in any other way so as to evade payment therefor. It is also unlawful for any person to damage, molest, tamper with or destroy any pipe, line, wire, meter or other part of any public utility, including telegraph and telephone systems.

(Code 1977, § 9.50.040)

Every person who shall willfully or with malicious intent destroy, mutilate, deface, injure or remove any tomb, monument or gravestone, or other structure placed in any cemetery or private burying ground, or any fence, railing or other work for the protection or ornament of any such cemetery or place of burial of any human being, or tomb, monument or gravestone, memento or memorial, or other structure aforesaid, or of any lot within a cemetery, or shall willfully or with malicious intent destroy, cut, break or injure any tree, shrub or plant, within the limits thereof, shall be subject to the penalty set forth in section 1-8.

(Ord. No. 735, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1167.

It is unlawful for any person to crank, start, otherwise meddle with, molest, enter, occupy, loiter in, take or drive away any automobile or other vehicle belonging to another, without the consent of the owner or person in charge thereof.

(Code 1977, § 9.52.030)

State Law reference— Unauthorized use of motor vehicle, 47 O.S. § 4-102.

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:

Offensive weapon means a weapon primarily meant and adapted for attack and the infliction of injury, but practically the term includes anything that would come within the description of a deadly or dangerous weapon.

Pistol means any firearm capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than 16 inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include flare guns, underwater fishing guns or blank pistols.

Reckless conduct means an act which creates a situation of unreasonable risk and probability of death or great bodily harm to another, or which demonstrates a conscious disregard for the safety of another.

Rifle means any firearm capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than 16 inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include archery equipment, flare guns or underwater fishing guns. In addition, any rifle capable of firing a shot but primarily designed to fire single projectiles will be regarded as a rifle.

Shotgun means any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than 18 inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include any weapon so designed with a barrel less than 18 inches in length. In addition, any shotgun capable of firing single projectiles but primarily designed to fire multiple projectiles such as a shot will be regarded as a shotgun.

(Code 1977, § 9.72.010)

Cross reference— Definitions generally, § 1-2.

A person shall be permitted to carry shotguns, rifles or pistols, open and not concealed, under the following conditions:

(1)

When going to, during participation in or when coming from hunting animals or fowl, including moving from place to place by vehicle. However, a rifle or shotgun may be carried in a landborne motor vehicle over a public highway or roadway when clip-loaded or magazine-loaded and not chamber-loaded when carried in a locked compartment of the vehicle, such as the trunk of an automobile;

(2)

When going to, during competition in or practicing or coming from a safety or hunter safety class, target shooting, skeet, trap or other recognized sporting events;

(3)

When unloaded, going to or coming from a gunsmith;

(4)

When unloaded, going to or coming from a store for purposes of repair, trade, barter or sale;

(5)

Going to or coming from a military function of the state military forces to be defined as the Oklahoma Army or Air National Guard, Federal Military Reserve and active military forces;

(6)

Going to or coming from a recognized police function of either a municipal, county or state government as functioning police officials;

(7)

When unloaded, going to or coming from a place of publicly recognized firearms display such as a gun show where the public is invited;

(8)

When unloaded, going to or coming from a point of private trade for purposes of transferring a firearm to another private citizen in exchange for moneys, payment for services or trade;

(9)

When going to, coming from and during a performance for entertainment purposes; or

(10)

For any legitimate purpose not in violation of this Code or any legislative enactment regarding the use, ownership and control of firearms.

(Code 1977, § 9.72.040)

State Law reference— Conditions under which firearms may be carried, 21 O.S. § 1289.6.

It shall be unlawful for any person to carry upon or about his person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle, whether loaded or unloaded, or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, or sword cane knife having a blade which opens 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 can be concealed or unconcealed, except this section shall not prohibit:

(1)

The proper use of guns and knives for hunting, fishing, educational or recreational purposes;

(2)

The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act (21 O.S. § 1290.1 et seq.);

(3)

The carrying, possession and use of any weapon by a peace officer in the performance of official duties and in compliance with the rules of the employing agency. Any person convicted of violating this section shall be subject to the penalties set forth in section 1-8.

(Code 1977, § 9.72.020; Ord. No. 740, § 1, 5-16-2000)

State Law reference— Similar provisions, 21 O.S. § 1272.

It is unlawful for any person, except a peace officer, to carry into any church or religious assembly, any schoolroom or other place where persons are assembled for public worship, for amusement or for education or scientific purposes, or into any circus, show or public exhibition of any kind, or into any ballroom, or to any social party or social gathering, or to any election, or to any political convention, or to any other public assembly, any of the weapons designated in section 78-168.

(Code 1977, § 9.72.030)

State Law reference— Firearms prohibited in certain places, 21 O.S. § 1277.

It is unlawful for any person, except a law enforcement officer, a registered security officer or a person employed by an armored car firm licensed by the corporation commission, to carry a concealed weapon other than permitted by this division.

(Code 1977, § 19.72.050)

State Law reference— When concealed weapons may be carried, 21 O.S. § 1289.8.

Except as otherwise provided, it is unlawful to transport a loaded firearm in a landborne motor vehicle over a public highway or roadway. However, a rifle or shotgun may be transported when clip-loaded or magazine-loaded and not chamber-loaded when transported in a locked compartment of the vehicle, such as the trunk of an automobile.

(Code 1977, § 9.72.060)

State Law reference— Firearms in vehicles, 21 O.S. § 1289.7.

It is unlawful to carry or use shotguns, rifles or pistols under any circumstances while under the influence of alcoholic beverages or any hallucinogenic, unlawful or unprescribed drug, nor shall any person be permitted to carry or use shotguns, rifles or pistols when under the influence of any drug prescribed by a licensed physician if the aftereffects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior.

(Code 1977, § 9.72.070)

State Law reference— Similar provisions, 21 O.S. § 1289.9.

It is unlawful for any person to engage in reckless conduct while having in his possession any shotgun, rifle or pistol, such actions consisting of creating a situation of unreasonable risk and probability of death or great bodily harm to another, or demonstrating a conscious disregard for the safety of another person.

(Code 1977, § 9.72.090)

State Law reference— Similar provisions, 21 O.S. § 1289.11.

(a)

It shall be unlawful for any person to discharge a firearm in the city except when doing so in the line of duty, when lawfully doing so in defense of oneself, another person, property or when otherwise authorized by law or ordinance. It is unlawful to discharge an air rifle or BB gun in the city.

(b)

It shall be unlawful to discharge a firearm for hunting purposes within the city limits.

(Code 1977, § 9.72.080.1)

State Law reference— Authority to prohibit discharge of firearms preserved, 21 O.S. § 1289.24; discharging firearm in public place, 21 O.S. § 1364.

(a)

The discharge of weapons may be authorized by the city council upon proper application by duly organized city social, civic, charitable, educational, religious or fraternal organizations principally operating in and based in the city for a single or continuing event for such time period as the council may prescribe subject to the conditions contained in this section and the applicable zoning ordinances which must be met prior to the application as set forth in this section. The judgment of the city council concerning whether such organization is a proper city organization shall be final. Additionally, the city council may set forth any other standards concerning safety at such events.

(1)

Application. The application shall be made upon forms furnished by the city clerk.

(2)

Insurance. Applicants shall furnish, as a condition to securing permission from the city council for the event, a public liability or standard general liability policy or spectator liability or special events policy as deemed appropriate by the city in an amount not less than $500,000.00, combined single limit, to include both property damage and bodily injury, with the city as an additional insured.

(3)

Safety officer. A safety officer provided by the organization shall be required to be present during all hours of operation of the event. Such officer shall be designated by the organization and approved by the city manager.

(4)

Gun rest requirements. The organization must provide a safe gun rest that accommodates the total number of participants.

(5)

Authority to discontinue or order changes. The city manager or his designee is authorized to order the event discontinued immediately or to order such other arrangements for safety as he deems necessary if he finds that the event is not operated or supervised in a manner so as not to endanger the lives of persons and property, including those participating in the event. In those instances when the event is ordered discontinued, the organization must seek permission from the council before subsequent events may be held.

(b)

The discharge of shotguns for the purpose of dove hunting may be authorized by the city manager upon proper application by an individual, for a single or continuing event during the first seven days of dove season subject to the following conditions:

(1)

Application. The applications shall be made by the owner of the land, or a person with the legal rights to the property, upon forms furnished by the city clerk.

(2)

Hunting may only be conducted on 100 acres or more of land that is contiguous and zoned agricultural.

(3)

The chief of police or his designate shall inspect each place for which a permit is requested for dove hunting, and a permit shall be issued if the chief or his designate finds that there is sufficient land in accordance with this section.

(4)

All decisions of the city manager in issuing a permit shall be final.

(c)

In addition to the regulations listed in subsection (b) of this section, dove hunting shall be conducted in accordance with the following rules and regulations.

(1)

The applicant shall be responsible for conducting the event so as not to endanger the lives and property of others, including those participating in the hunt.

(2)

The applicant shall be responsible for ensuring all hunting is conducted in accordance with state and federal law.

(3)

No person may hunt, pursue game or discharge firearms within 440 yards of any church, schoolhouse, or other public place where people may assemble, so as to disturb such assemblage.

(4)

No firearm may be discharged within 500 feet of any property line and/or 600 feet from any residence or place of business in which persons reside, or engage in business or congregate.

(5)

No person may shoot from or across a public road or highway or right-of-way thereof, or railroad right-of-way.

(6)

Dove hunting shall be limited to the discharge of shotguns using shells containing projectiles no larger than No. 6 shot.

(7)

While dove hunting no individual shall carry upon his or her person any shotgun ammunition not approved by this section.

(d)

Authority to discontinue or order changes. The city manager, his designate or any peace officer is authorized to order the hunting event discontinued immediately if it is found that the hunting event is being conducted in a manner so as to endanger the lives or property of others. Noise from firearms shall not be a valid reason for discontinuing an event. In those instances when the event is ordered discontinued the applicant must correct the problem and obtain another permit from the city manager. All decisions of the city manager in relation to any changes, or revocation of the permit, shall be final.

(e)

Any person convicted of violating the provisions of this section shall be punished by a fine of not more than $300.00, or by imprisonment in the city jail for ten days, or by both fine and imprisonment.

(Code 1977, § 9.72.080.2; Ord. No. 872, § 1, 11-4-2003)

(a)

Except as provided in this section, it is unlawful to use archery equipment for hunting purposes of all wildlife, including, but not limited to, wild or non-domesticated animals, birds, and waterfowl, within the city limits.

(b)

The use of archery equipment is forbidden within the city limits except as follows:

(1)

For hunting under the following conditions:

a.

On 20 acres or more contiguous area zoned agricultural.

b.

With the permission of the owner of such property.

c.

Provided no hunting is permitted within 300 feet of any structure.

d.

Provided no hunting is permitted within 300 feet of any adjacent property line.

e.

Provided also that all hunting is performed in accordance with state and federal law.

f.

No hunting shall not be permitted on any public property.

(2)

For target practice on 20 acres or more contiguous area zoned agricultural under the following provisions and restrictions:

a.

In accordance with the regulations established for hunting in subsections a. through d. of subsection (1); or

b.

In accordance with subsection (3) of this section;

c.

Provided that no arrow may have a tip other than a target point. Use of broadheads or other heads with cutting blades for target practice is prohibited.

(3)

For target practice on property with less than 20 acres contiguous area under the following provisions and restrictions:

a.

Arrows must be discharged toward a target backed by an impenetrable, vertical backstop at least eight feet wide and six feet tall directly behind the target butt, and at least 100 feet from the property line of the adjacent property behind the backstop.

b.

Archery equipment must be used within a confined space. If the area is not fenced, the target area and sidelanes must be conspicuously surrounded with rope or brightly colored tape placed three feet above the ground and placed in such a way as to exclude persons from walking into the path of the arrow.

c.

No arrow may have a tip other than a target point. Use of broadheads or other heads with cutting blades for target practice is prohibited.

d.

No child under the age of 14 years may engage in target practice unless supervised by an adult.

(4)

For instruction, training, target practice and exhibition shooting in nonresidential areas only, under the supervision and sponsorship of a school, business, recreational association, trade association, governmental agency, or archery association. In such instances, subsections b. and d. of subsection (3) shall apply. In addition, a backstop made of at least three-fourths-inch exterior grade plywood eight feet square must be erected 12 to 18 inches behind the target butt.

(Ord. No. 764, § 1, 1-2-2001; Ord. No. 867, § 1, 10-7-2003)

Except as otherwise provided in this division, it is unlawful to trap, hunt, shoot, molest, or attempt to trap, hunt, shoot, or molest, in any manner, any and all wildlife, including, but not limited to, wild or nondomesticated animals, birds, and waterfowl, and excluding fish and rodents, within the city limits. This prohibition includes the use of any stone, shot, arrow, firearm, knife, or laser beam. Provided, however, if any birds, wild fowl, or wildlife become a public nuisance or a menace to health or property, then in that event, the animals, birds, or wild fowl may be destroyed under the control and supervision of the city.

(Ord. No. 763, § 1, 1-2-2001; Ord. No. 868, § 1, 1-7-2003)

It is unlawful for any person, firm or corporation, or agent or employee thereof, to play, to open or cause to be opened, or to operate, carry on or conduct, whether for hire or not, any game of faro, monte, poker, roulette, craps, any banking, percentage or other game played with dice, cards or any device, for money, checks, chips, credit or any other thing of value; to set up, operate or permit to be operated, any slot machine or other device whatsoever where money, checks, chips, credit or any other thing of value are played, when the act of playing such game results in a gain or loss to the party playing; or to gamble knowingly in any other manner; or knowingly to permit his or its premises, houses, lot or other property to be used in connection with, or for, any act declared unlawful in this section.

(Code 1977, § 9.20.010)

It is unlawful for any person to loiter about in the immediate vicinity where a person is gambling, whether by playing games, operating a slot machine or other device, or otherwise, with intent to engage in or aid or abet illegal gambling.

(Code 1977, § 9.20.020)

It is unlawful for any person to offer, submit or give themselves to a lewd or immoral use, such asillicit sexual intercourse, or to engage in any lewd or immoral act, for money or any other thing of value.

(Code 1977, § 9.28.020)

It is unlawful for any person to engage in illicit sexual intercourse or any other immoral act, or knowingly to consort with a prostitute or other person of immoral vocation, or to consort with another for an immoral purpose, or to occupy any room for an immoral purpose, whether in a public or private place in the city, or to loiter about a house or place of prostitution or a house or place devoted to lewd or immoral acts.

(Code 1977, § 9.28.030)

It is unlawful for any person or any agent or employee thereof to keep or assist in keeping a house of prostitution or a house or place in the city where persons meet or assemble for illicit sexual intercourse or for any other lewd or immoral purpose; or knowingly to permit a prostitute or other person of an immoral vocation to become or remain a guest in a hotel or roominghouse.

(Code 1977, § 9.28.040)

It is unlawful for any person to be an inmate or resident of a house of prostitution or of a house or place devoted to lewd or immoral acts.

(Code 1977, § 9.28.050)

It is unlawful for any person to act as a pimp or procurer for any house or place of prostitution, or for any prostitute or other person engaged in an immoral vocation, or to procure, assist in procuring or attempt to procure any person for another for illicit sexual intercourse or for any other immoral purpose.

(Code 1977, § 9.28.060)

(a)

No person shall use tincture of opium, tincture of opium camphorated or any derivative thereof, by the hypodermic method, either with or without a medical prescription therefor.

(b)

No person shall use or possess drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act (63 O.S. § 2-101 et seq.), except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy.

(c)

No person shall deliver, possess or manufacture drug paraphernalia knowing it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substance Act (63 O.S. § 2-101 et seq.).

(d)

Any person 18 years of age or over who violates subsection (c) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least three years younger than that person, shall not be prosecuted in the municipal court.

(e)

Any person who violates subsection (a), (b) or (c) of this section shall, upon conviction, be subject to the penalties set forth in section 1-8.

(Ord. No. 745, § 1, 5-16-2000)

State Law reference— Similar provisions, 63 O.S. § 2-405.

(a)

For purposes of this section, the following definitions apply:

(1)

"Controlled dangerous substance" means a drug, substance or immediate precursor in Schedules I through V as identified in 63 O.S. §§ 2-204, 2-206, 2-208, 2-210 and 2-212, as they may be amended or subsequently recodified.

(2)

"Marijuana" means all parts of the plant Cannabis sativa L., 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:

a.

The mature stalks of such plant or fiber produced from such stalks,

b.

Oil or cake made from the seeds of such plant, including cannabidiol derived from the seeds of the marijuana plant,

c.

Any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks, fiber, oil or cake,

d.

The sterilized seed of such plant which is incapable of germination,

e.

For any person participating in a clinical trial to administer cannabidiol for the treatment of severe forms of epilepsy pursuant to section 2-802 of this title [Code], a drug or substance approved by the Federal Food and Drug Administration for use by those participants,

f.

For any person or the parents, legal guardians or caretakers of the person who have received a written certification from a physician licensed in this state that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, the substance cannabidiol, a nonpsychoactive cannabinoid, found in the plant Cannabis sativa L. or any other preparation thereof, that has a tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) and that is delivered to the patient in the form of a liquid,

g.

Any federal Food and Drug Administration-approved cannabidiol drug or substance, or

h.

Industrial hemp, from the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis which shall not be grown anywhere in the State of Oklahoma but may be shipped to Oklahoma pursuant to the provisions of subparagraph e or f of this paragraph;

(3)

"Practitioner" means:

a.

1.

A medical doctor or osteopathic physician,

2.

A dentist,

3.

A podiatrist,

4.

An optometrist,

5.

A veterinarian,

6.

A physician assistant under the supervision of a licensed medical doctor or osteopathic physician,

7.

A scientific investigator, or

8.

Any 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

b.

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;

(b)

It is unlawful for any person, knowingly or intentionally, to possess marijuana within the city, unless pursuant to a valid prescription or order issued to them by a practitioner while acting in the course of a professional practice.

(c)

It is unlawful for any person, knowingly or intentionally, to possess a controlled dangerous substance, unless pursuant to a valid prescription or order issued to them by a practitioner while acting in the course of a professional practice.

(Code 1977, § 9.26.020; Ord. No. 1161, § 1, 4-3-2018)

Editor's note— Ord. No. 1161, § 1, adopted April 3, 2018, changed the title of § 78-312 from "Possession of marijuana" to read as herein set out.

(a)

Any person who violates section 78-312 shall, upon conviction, a plea of guilty or a plea of nolo contendere, be punished by a fine or imprisonment, or both, in accordance with section 1-8 of this Code, plus costs, and such punishment may be run consecutively for each separate offense. Provided, possession of up to 1.5 ounces of marijuana by persons who can state a medical condition, but not in possession of a state issued medical marijuana license, shall constitute a misdemeanor offense with a fine not to exceed $400.00.

(b)

In addition to the penalties provided under subsection (a) of this section, any person who violates section 78-312 of this Code shall also pay a drug analysis fee of $100.00 for each offense. The municipal court clerk shall cause to be deposited the amount of $100.00 as collected for every conviction as described in this subsection, and shall remit monies collected pursuant to this subsection on a monthly basis to the police narcotics enforcement fund. Monies from said fund shall be utilized for:

(1)

The purchase and maintenance of equipment and drug testing kits for use by the Mustang Police Department; and

(2)

Education, training, and scientific development of police personnel and canine development.

(Ord. No. 1161, § 2, 4-3-2018; Ord. No. 1177, § 2, 11-6-2018)

(a)

Findings; purpose. The city council has determined that there has been an increase in juvenile violence, juvenile gang activity, and crime by persons under the age of 18 in the city. Persons under the age of 18 are particularly susceptible, by their lack of maturity and experience, to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime. The city has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities. The city council has determined that a curfew for those under the age of 18 will be in the interest of public health, safety and general welfare and will help to attain the objectives set out in this subsection and to diminish the undesirable impact of such conduct on the citizens of the city.

(b)

Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given in this subsection:

Curfew hours means from 12:01 p.m. (midnight) until 6:00 a.m. on Monday though Friday, and from 1:00 a.m. until 6:00 a.m. on Saturday and Sunday.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to a fire, a natural disaster or an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Establishment means 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.

Minor means any person under the age of 18.

Parent and guardian mean any person having legal custody of a minor as a:

(1)

Natural, step or adoptive parent;

(2)

Legal guardian;

(3)

Person who stands in loco parentis;

(4)

Person to whom legal custody has been given by order of the court; or

(5)

Person at least 18 years of age and authorized by the parent or guardian to have the custody and care of a minor.

Public place means any street, alley, highway, sidewalk, park, playground or place to which the general public or a substantial group of the general public has access and a right to resort for business, entertainment or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, pool room or shopping center, and any other place devoted to amusement or entertainment of the general public. It shall also include the immediate area of such places, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

Remain means to leave or stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totaling four or more persons in which any minor involved would not be using the streets for ordinary or serious purposes such as mere passage or going home; or to fail to leave the premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

Street means a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel, or in the case of a sidewalk thereof for pedestrian travel. The term "street" includes the legal right-of-way, including but not limited to the cartway or traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street.

Year of age continues from one birthday, such as the 17th birthday, to but not including the day of the next, such as the 18th birthday, making it clear that the phrase "17 or less years of age" is treated in this section as equivalent to the phrase "under 18 years of age."

(c)

Violations by minors. It shall be unlawful for any person 17 or less years of age (under 18) to be or remain in or upon the streets or public places within the city at night during the curfew hours.

(d)

Violations by parent or guardian. It shall be unlawful for a parent or other person having legal custody of a minor knowingly to permit or by inefficient control to allow such a minor to be or remain upon any city street or public place or on the premises of any establishment under circumstances not constituting an exception or defense to or otherwise beyond the scope of this section. For purposes of this subsection, the term "knowingly" includes knowledge which a parent or legal guardian should reasonably be expected to have concerning the whereabouts of a minor in that parent's or person's legal custody.

(e)

Violations by operators of public places. It shall be unlawful for the owner or operator or person otherwise in charge of a public place to knowingly allow or permit a minor to remain on the premises of the public place during the curfew hours in violation of this section.

(f)

Defenses.

(1)

The following shall constitute defenses to violations of this section:

a.

The minor is accompanied by a parent or legal guardian.

b.

The minor is accompanied by an adult, authorized by a parent of such minor to take the parent's place, accompanying the minor for a designated period of time, date and purpose within a specified area. A written communication containing this information, and signed by the minor and by the parent or legal guardian of such minor, which includes the minor's home address and telephone number and which is in the possession of the authorized adult shall constitute prima facie proof of such authorization.

c.

The minor is 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. Such minor shall evidence the bona fides of such exercise by possessing a written communication, signed by such minor and countersigned by a parent or legal guardian of such minor with their home address and telephone number, specifying the times and dates when, and where, and in what manner, the minor will be on the streets and other public places during the curfew hours in the exercise of a First Amendment right specified in such communication.

d.

The minor is on an errand, specific business or activity directed or permitted by his parent without detour or stop, and the minor has in his possession a written communication signed by the minor, countersigned by a parent or legal guardian of such minor, evidencing their home address and telephone number, and establishing such reason relating to a direct route for a designated time for a described purpose, including points of origin and destination. Each communication will also note the date and time limits the reason will encompass.

e.

The minor is on the residence of the place where such minor resides, or on the residence of either next-door neighbor not communicating an objection to the police officer.

f.

The minor is attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or other similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor.

g.

The minor is within the scope of his employment and carries a certified card or some other form of communication indicating employment, briefly identifying the minor, the addresses and telephone numbers of his home and his place of employment, and his hours of employment, or other valid proof of employment.

h.

The minor is engaged in interstate vehicular travel with the consent of his parent or legal guardian. This contemplates normal travel and clearly exempts bona fide interstate movement through the city, particularly on normal routes.

i.

The minor is within the scope of the temporary modification of this section by the city council as set forth in this section.

j.

The minor is married or has otherwise had disabilities of minority removed in accordance with state law.

k.

The minor is acting in an emergency situation.

(2)

It is a defense for the owner or operator of a public place wherein or whereon minors are remaining during curfew hours that he has posted in public view a sign at least 8½ inches by 11 inches, which states that minors on the premises during curfew hours in violation of this section will not be tolerated, and/or the owner or operator has promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(g)

Temporary modification of curfew hours. The city council may authorize a temporary relaxation of the curfew hours in matters of reasonable necessity and matters determined to be consistent with the public interest and the purposes of this section. Such determination and modification of the curfew hours by the city council shall define the activity or purpose, the scope of the use of the streets and/or public places permitted, the period of time involved, and any other information necessary or pertinent to inform the public of the terms of the relaxation of this section. Such action by the city council may be by motion or resolution.

(h)

Enforcement; discretionary authority of police officers. A police officer of the city, upon finding or having attention called to any minor on the streets in prima facie violation of this section, normally shall take the minor to the city police station or other place designated by the chief of police, where a parent or legal guardian will immediately be notified to come for such minor. It is specifically provided that a police officer is given the discretionary authority to return the minor to his residence if the officer determines such act to be in the best interest of the minor.

(i)

Court jurisdiction. The jurisdiction of the municipal court over a minor who violates the provisions of this section shall be subject to 10 O.S. § 7303-1.2. Absent an interlocal agreement with the district court for the municipal court to exercise jurisdiction over minors under 18 years of age, the municipal court shall refer all alleged juvenile violations to the juvenile bureau of the district attorney's office.

(j)

Determination of age. In the absence of convincing evidence of age, such as a birth certificate or valid driver's license, a police officer on the street shall in the first instance use his best judgment in determining age.

(k)

Notice to parent or guardian in lieu of full enforcement. In the case of a first violation by a minor, the municipal court may, at the discretion of the court, cause to be delivered by certified mail, sent to the minor's parent or legal guardian, written notice of the violation with a warning that any subsequent violation may result in full enforcement of this section.

(Code 1977, §§ 9.64.010—9.64.016)

(a)

It shall be unlawful for a parent, guardian or other person having custody of a child who is over the age of five years and under the age of 18 years to neglect or refuse to cause or compel such child to attend and comply with the rules of some public, private or other school.

(b)

It shall be unlawful for any child who is over the age of 16 years and under the age of 18 years, and who has not finished four years of high school work or the equivalent, to neglect or refuse to attend and comply with the rules of some public, private or other school, or receive an education by other means for the full term the schools of the district are in session; provided that this section shall not apply if any such child:

(1)

Is prevented from attending school by reason of mental or physical ability, to be determined by the board of education of the district upon a certificate of the school physician or public health physician, or, if no such physician is available, a duly licensed and practicing physician.

(2)

Is excused from attendance at school, due to any emergency, by the principal teacher of the school in which the child is enrolled, at the request of the parent, guardian, custodian or other person having control of such child.

(3)

Has attained his 16th birthday and is excused from attending school by the school administrator of the school district where the child attends school and the parent, guardian or custodian of the child. No such child shall be excused from attending school by such joint agreement between a school administrator and the parent, guardian or custodian of the child unless and until it has been determined that such action is for the best interest of the child and/or the community, and that such child shall thereafter be under the supervision of the parent, guardian or custodian until the child reaches the age of 18 years.

(Code 1977, §§ 9.68.010, 9.68.020)

State Law reference— School attendance required, 70 O.S. § 10-105.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Nicotine product means any product that contains nicotine extracted or isolated from plants, vegetables, fruit, herbs, weeds, genetically modified organic matter, or that is synthetic in origin and is intended for human consumption; provided, however, this term shall not include products approved by the United States Food and Drug Administration for smoking cessation.

Person means any individual, firm, fiduciary, partnership, corporation, trust, or association, however formed.

Proof of age means a driver license, license for identification only, or other generally accepted means of identification that describes the individual as 21 years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid.

Sample means a tobacco product, nicotine product or vapor product distributed to members of the public at no cost for the purpose of promoting the product.

Sampling means the distribution of samples to members of the public in a public place.

Tobacco product means any product that contains tobacco and is intended for human consumption.

Transaction scan means the process by which a seller checks, by means of a transaction scan device, the validity of a driver 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 of a driver license or other government-issued photo identification.

Vapor product shall mean noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. "Vapor products" shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device. "Vapor products" do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.

(Ord. No. 1274, § 2, 10-4-2022)

Cross reference— Definitions generally, § 1-2.

State Law reference— Prevention of Youth Access to Tobacco Act, 63 O.S. § 1-229.12.

(a)

It is unlawful for any person to sell, give or furnish in any manner any tobacco product, nicotine product or vapor product to another person who is under 21 years of age, or to purchase in any manner a tobacco product, nicotine product or vapor product on behalf of any such person. It shall not be unlawful for an employee under 21 years of age to handle tobacco products, nicotine products or vapor products when required in the performance of the employee's duties.

(b)

A person engaged in the sale or distribution of tobacco products, nicotine products or vapor products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under 21 years of age.

If an individual engaged in the sale or distribution of tobacco products, nicotine products or vapor products has demanded proof of age from a prospective purchaser or recipient who is not under 21 years of age, the failure to subsequently require proof of age shall not constitute a violation of this subsection.

(c)

If the sale is made by an employee of the owner of a store at which tobacco products, nicotine products or vapor products are sold at retail, the employee shall be guilty of the violation and shall be subject to the fine. An owner of a store licensed to sell tobacco products or nicotine products or permitted to sell vapor products shall not be deemed in violation of the provisions of the Prevention of Youth Access to Tobacco Act for any acts constituting a violation by any person, when the violation occurs prior to actual employment of the person by the storeowner or the violation occurs at a location other than the owner's retail store. For purposes of determining the liability of a person controlling franchises or business operations in multiple locations, for any violations of subsection (a) or (b) of this section, each individual franchise or business location shall be deemed a separate entity.

(d)

(1)

Any person who shall violate subsections (a) or (b) of this section shall be guilty of an offense and may be assessed a fine of:

a.

Not more than $100.00 for the first offense,

b.

Not more than $200.00 for the second offense within a two-year period following the first offense,

c.

Not more than $300.00 for a third offense within a two-year period following the first offense, or

d.

Not more than $300.00 for a fourth or subsequent offense within a two-year period following the first offense.

(2)

Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to any action brought pursuant to this section. A person cited for violating this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of the violation if such person proves that:

a.

The individual who purchased or received the tobacco product, nicotine product or vapor product presented a driver license or other government-issued photo identification purporting to establish that such individual was 21 years of age or older, or

b.

The person cited for the violation confirmed the validity of the driver license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.

Provided, that this defense shall not relieve from liability any person cited for a violation of this section if the person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver 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.

(e)

Upon failure of any person to pay any fine authorized by this section within 90 days of the day of the assessment of such fine, the court clerk or his designee shall notify the state department of public safety, as such department is authorized to suspend or not issue a driver's license to the person until proof of payment has been provided.

(Ord. No. 1274, § 2, 10-4-2022)

State Law reference— Prevention of Youth Access to Tobacco Act, 63 O.S. § 1-229.13.

(a)

It shall be unlawful for any person or retailer to distribute tobacco products, nicotine products, vapor products or product samples to any person under 21 years of age.

(b)

No person shall distribute tobacco products, nicotine products, vapor products or product samples in or on any public street, sidewalk, or park that is within 300 feet of any playground, school, or other facility when the facility is being used primarily by persons under 21 years of age.

(c)

Any person who shall violate subsections (a) or (b) of this section shall be guilty of an offense and may be assessed a fine of:

(1)

Not more than $100.00 for the first offense;

(2)

Not more than $200.00 for the second offense; and

(3)

Not more than $300.00 for a third or subsequent offense.

(d)

Upon failure of any person to pay any fine authorized by this section within 90 days of the day of the assessment of such fine, the court clerk or his designee shall notify the state department of public safety, as such department is authorized to suspend or not issue a driver's license to the person until proof of payment has been provided.

(Ord. No. 1274, § 2, 10-4-2022)

State Law reference— Prevention of Youth Access to Tobacco Act, 63 O.S. § 1-229.18.

(a)

It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer.

(b)

Any person who shall violate subsection (a) of this section shall be guilty of an offense and may be assessed a fine of not more than $200.00 for each offense.

(Ord. No. 1274, § 2, 10-4-2022)

State Law reference— Prevention of Youth Access to Tobacco Act, 63 O.S. § 1-229.19.

(a)

It is unlawful for any person or retail store to display or offer for sale tobacco products, nicotine products or vapor products in any manner that allows public access to the tobacco products, nicotine products or vapor products without assistance from the person displaying the tobacco products, nicotine products or vapor products or 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 21 years of age.

(b)

Any person who shall violate subsection (a) of this section shall be guilty of an offense and may be assessed a fine of not more than $200.00 for each offense.

(Ord. No. 1274, § 2, 10-4-2022)

State Law reference— Prevention of Youth Access to Tobacco Act, 63 O.S. § 1-229.21.

(a)

It is unlawful for any person to sell, give or furnish in any manner to another person who is under 21 years of age any material or device used in the smoking, chewing, or other method of consumption of tobacco products, nicotine products or vapor products, including cigarette papers, pipes, holders of smoking materials of all types, and other items designed primarily for the smoking or ingestion of tobacco products, nicotine products or vapor products.

(b)

Any person who shall violate subsection (a) of this section shall be guilty of an offense and may be assessed a fine of not more than $100.00 for each offense.

(Ord. No. 1274, § 2, 10-4-2022)

State Law reference— Prevention of Youth Access to Tobacco Act, 63 O.S. § 1-229.26.

The city clerk or his designee shall furnish any information or reports required or requested by the state alcoholic beverages laws enforcement (ABLE) commission in the form, manner and time as may be determined by the commission.

(Ord. No. 1274, § 2, 10-4-2022)

State Law reference— Prevention of Youth Access to Tobacco Act, 63 O.S. § 1-229.23.

No person shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer reported violations of any provisions of this division.

(Ord. No. 1274, § 2, 10-4-2022)

(a)

It is unlawful for a person who is under 21 years of age to purchase, receive, or have in his or her possession a tobacco product, nicotine product or vapor product, or to present or offer to any person any purported proof of age which is false or fraudulent, for the purpose of purchasing or receiving any tobacco product, nicotine product or vapor product. It shall not be unlawful for an employee under 21 years of age to handle tobacco products, nicotine products or vapor products when required in the performance of the employee's duties.

(b)

Any person who shall violate subsection (a) of this section shall be guilty of an offense and, upon conviction, the violator shall complete an education or tobacco use cessation program approved by the court. If the violator fails to complete the tobacco use cessation program as ordered by the court, a fine may be imposed that shall not exceed $50.00 for a first offense or $100.00 for subsequent offenses. The violator may also be required to complete a community service program or other appropriate programs or services as ordered by the court.

(Ord. No. 1292, § 1, 9-12-2023)

State Law reference— 10A O.S. § 2-8-224 (as amended eff. Nov. 1, 2023).