The ordinances embraced in this and the following chapters shall constitute and be designated the "Code of Ordinances, City of Mustang, Oklahoma" and may be so cited. Such ordinances may also be cited as the "Mustang Code."

Charter reference— Ordinance codification, § 2-15.

State Law reference— Codification of municipal ordinances, 11 O.S. § 14-108.

The following definitions and rules of construction shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise:

Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the city council may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases, and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. All ordinances of the city and proceedings under them are to be construed with a view to effect their objects and to promote justice.

Charter. The term "Charter" means the Charter of the City of Mustang, Oklahoma, as amended.

City council, council. The terms "city council" and "council" mean the city council of the City of Mustang, Oklahoma.

Code. The term "Code" means the Mustang Code, as designated in section 1-1.

Computation of time. In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is a Sunday or legal holiday, the period is extended to include the next day that is not a Sunday or legal holiday.

State Law reference— Legal holidays, 25 O.S. § 82.1 et seq.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows:

(1)

"And" indicates that all the connected terms, conditions, provisions or events apply.

(2)

"Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3)

"Either…or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

County. The term "county" means Canadian County, Oklahoma.

Delegation of authority. A provision that authorizes or requires a city officer or city employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.

Gender. Words of one gender include all other genders.

Health department. The term "health department" means the county health department.

Joint authority. A grant of authority to three or more persons as a public body confers the authority to a majority of the number of members, as fixed by statute or ordinance.

State Law reference— Similar rule of statutory construction, 25 O.S. § 31.

May. The term "may" is to be construed as being permissive and not mandatory.

May not. The term "may not" has a prohibitory effect.

Month. The term "month" means a calendar month.

Must. The term "must" is to be construed as being mandatory.

Number. The singular includes the plural and the plural includes the singular.

Oath. The term "oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in those cases the terms "swear" and "sworn" are the equivalent to the terms "affirm" and "affirmed."

State Law reference— Similar rule of statutory construction, 25 O.S. § 26.

Officers, departments, etc. References to officers, departments, board, commissions or employees are to city officers, city departments, city boards, city commissions and city employees.

O.S. The abbreviation "O.S." refers to the latest edition of the Oklahoma Statutes, as amended.

Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.

Person. The term "person" means any corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, and any other legal entity.

Personal property. The term "personal property" means any property other than real property.

Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively.

Premises. The term "premises," as applied to real property, includes land and structures.

Property. The term "property" means real and personal property.

Real property. The term "real property" includes lands, tenements and hereditaments.

Shall. The term "shall" is to be construed as being mandatory.

Sidewalk. The term "sidewalk" means that portion of a street between the curbline and the adjacent property intended for the use of pedestrians.

State. The term "state" means the State of Oklahoma.

Street. The term "street" includes any street, highway, avenue, lane, alley, court, place, square or other public way dedicated and open to public use.

Tenant, occupant. The terms "tenant" and "occupant," when applied to a building or land, include any person who occupies the whole or part of such building or land, whether alone or with others.

Week. The term "week" means seven days.

Writing. The term "writing" includes any representation of words, letters or figures, whether by printing or otherwise.

Year. The term "year" means a calendar year.

(Code 1977, §§ 1.04.010—1.04.040, 1.04.060, 1.04.070)

(a)

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor, unless expressly so provided, shall they be so deemed when any such section, including the catchline, is amended or reenacted.

(b)

The history or source notes appearing in parentheses after a section in this Code have no legal effect and only indicate legislative history. Charter references, cross references, editor's notes and state law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect.

(c)

Unless specified otherwise, all references to chapters or sections are to chapters or sections of this Code.

The provisions of this Code and all ordinances of the city apply to all real property belonging to, or under the control of, the city.

(Code 1977, § 10.04.040)

State Law reference— Municipal jurisdiction over property owned by it, 11 O.S. § 22-116.

(a)

Unless specifically provided otherwise, the repeal of a repealing ordinance does not revive the ordinance originally repealed or impair the effect of any savings provision in it.

(b)

The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any suit, prosecution or proceeding pending at the time of the amendment or repeal.

(Code 1977, § 1.04.080)

(a)

All ordinances adopted subsequent to this Code that amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in this Code. Portions of this Code repealed by subsequent ordinances may be excluded from this Code by omission from reprinted pages affected thereby.

(b)

Amendments to provisions of this Code may be made with the following language: "Section (chapter, article, division or subdivision, as appropriate) of the Mustang Code is hereby amended to read as follows: …."

(c)

If a new section, subdivision, division, article or chapter is to be added to this Code, the following language may be used: "Section (chapter, article, division or subdivision, as appropriate) of the Mustang Code is hereby created to read as follows: …."

(d)

All provisions desired to be repealed should be repealed specifically by section, subdivision, division, article or chapter number, as appropriate, or by setting out the repealed provisions in full in the repealing ordinance. Although a general repealer may be used to resolve conflicts in other provisions.

(a)

Supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in this Code. The pages of the supplement shall be so numbered that they will fit properly into this Code and will, where necessary, replace pages that have become obsolete or partially obsolete. The new pages shall be so prepared that, when they have been inserted, this Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this Code, all portions of this Code that have been repealed shall be excluded from this Code by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified Code. For example, the person may:

(1)

Arrange the material into appropriate organizational units.

(2)

Supply appropriate catchlines, headings and titles for chapters, articles, divisions, subdivisions and sections to be included in this Code and make changes in any such catchlines, headings and titles or in any such catchlines, headings and titles already in this Code.

(3)

Assign appropriate numbers to chapters, articles, divisions, subdivisions and sections to be added to this Code.

(4)

Where necessary to accommodate new material, change existing numbers assigned to chapters, articles, divisions, subdivisions or sections.

(5)

Change the words "this ordinance" or similar words to "this chapter," "this article," "this division," "this subdivision," "this section" or "sections _______ to _______" (inserting section numbers to indicate the sections of this Code that embody the substantive sections of the ordinance incorporated in this Code).

(6)

Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in this Code.

(a)

In this section, the term "violation of this Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section, the term "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(c)

Except as otherwise provided or required by law or ordinance, a person convicted of a violation of this Code shall be punished by a fine not to exceed $200.00 plus costs for traffic-related offenses relating to speeding or parking, not to exceed $800.00 for alcohol-related or drug-related offenses, and not to exceed $750.00 plus costs for all other violations, imprisonment not exceeding 60 days, or both the fine and imprisonment. No penalty, including fine and costs, shall be greater than that established by statute for the same offense. A person convicted of a violation of this Code pertaining to the pretreatment of wastewater or regulating stormwater discharges shall be punished by a fine not exceeding $1,000.00 plus costs, or imprisonment not exceeding 90 days, or both such fine and imprisonment. Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. As to other violations, each violation constitutes as separate offense.

(d)

Any person fined for a violation of this Code who is financially able but refuses or neglects to pay the fine or costs may be compelled to satisfy the amount owed by working on the streets, alleys, avenues, areas and public grounds of the city, subject to the direction of the city manager, at a rate of $25.00 per day for useful labor, until the fine and costs are satisfied.

(e)

The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(f)

Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

(Code 1977, §§ 1.12.010, 1.16.010; Ord. No. 781, § 1, 5-15-2001; Ord. No. 936, § 1, 7-5-2005; Ord. No. 1172, § 4, 9-4-2018)

State Law reference— Penalty for ordinance violations, 11 O.S. § 14-111.

Whenever in the ordinances of the city any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

(Code 1977, § 1.04.050)

Every person who attempts to commit an offense against the ordinances of the city, and in such attempt does any act toward the commission of such offense, but fails or is prevented or intercepted in the perpetration thereof, is guilty of an offense, and shall be punished in the manner prescribed for the offense itself.

(Code 1977, § 1.16.020)

When no punishment for counseling, aiding or abetting in the commission of a particular offense is expressly prescribed by ordinance, every person who counsels, aids or abets another in the commission of such offense is guilty of an offense and punishable in the same manner as the principal offender.

(Code 1977, § 1.16.030)

If any provision of this Code or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect any other provisions or application of this Code that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Code are severable.

The provisions of this Code, insofar as they are substantially the same as legislation adopted by the city relating to the same subject matter, shall be construed as reinstatements and continuations thereof and not as new enactments.

(a)

Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code.

(b)

The adoption of this Code does not authorize any use or the continuation of any use of a structure or premises in violation of any city ordinance on the effective date of this Code.

(a)

Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or portion of an ordinance:

(1)

Establishing or amending the Charter.

(2)

Annexing property into the city or describing the corporate limits.

(3)

Deannexing property or excluding property from the city.

(4)

Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.

(5)

Authorizing or approving any contract, deed or agreement.

(6)

Making or approving any appropriation or budget.

(7)

Providing for salaries of employees or other employee benefits or job descriptions for employee positions.

(8)

Granting any right or franchise.

(9)

Adopting or amending the comprehensive plan.

(10)

Levying or imposing any special assessment.

(11)

Dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing or vacating any street.

(12)

Establishing the grade of any street or sidewalk.

(13)

Dedicating, accepting or vacating any plat or subdivision.

(14)

Levying or imposing or otherwise related to taxes.

(15)

Amending the zoning map or zoning atlas, or rezoning specific property.

(16)

That is temporary, although general in effect.

(17)

That is special, although permanent in effect.

(18)

The purpose of which has been accomplished.

(b)

The ordinances designated in subsection (a) of this section continue in full force and effect to the same extent as if published at length in this Code.