PART 10

OFFENSES AND CRIMES

CHAPTER 1

GENERAL PROVISIONS

CHAPTER 2

OFFENSES AGAINST PERSONS

CHAPTER 3

OFFENSES AGAINST PROPERTY

CHAPTER 4

OFFENSES AGAINST PUBLIC PEACE

ARTICLE A

GENERAL PROVISIONS

ARTICLE B

NOISE

Offenses and Crimes

CHAPTER 5

OFFENSES AGAINST THE PUBLIC

CHAPTER 6

OFFENSES AGAINST PUBLIC AUTHORITY

Offenses and Crimes

CHAPTER 1

GENERAL PROVISIONS

Section 10-101 Attempts to commit an offense.

Section 10-102 Aiding in an offense.

Section 10-103 "Offense" defined

Section 10-104 'violation" defined.

Section 10-105 Penalty not to excuse offense.

Section 10-106 Capacity to commit offense.

Section 10-107 Intoxication, no defense.

Section 10-108 Witness, self incrimination.

Section 10-109 Nuisances.

Section 10-110 Conspiracy.

Section 10-111 Limitations of actions.

Section 10-112 Lawful use of force.

Offenses and Crimes

All persons are capable of committing an offense as herein provided, except those belonging to the classes following:

1. Children under the age of seven (7) years;
2. Children over the age of seven (7) years, but under the age of fourteen (14) years, in the absence of proof that at the time of committing the act or neglect charged against them, they knew its wrongfulness;
3. Lunatics, insane persons, and all persons of unsound mind, including persons temporarily or partially deprived of reason, upon proof that at the time of committing the act charged against them they were involuntarily incapable of knowing its wrongfulness;
4. Persons who committed the act, or made the omission charged, under an ignorance or mistake of fact which disproves any criminal intent. But ignorance of the law does not excuse from punishment for its violation;

5. Persons who committed the act charged without being conscious thereof, involuntarily; and

No act committed by any person while in a state of intoxication, whether from liquor or drugs, shall be deemed less an offense by reason of his being in such condition.

No person otherwise competent as a witness, shall be incapacitated, excused or disqualified from testifying concerning the offense mentioned in any section, chapter or title of this code, or any ordinances hereafter enacted on the ground that his testimony might incriminate him, but the testimony which may be given by such witness shall in no case be used against him.

It is unlawful and an offense for any person to permit, maintain, aid, abet, or sanction a nuisance on or about any premise or premises owned by him or under his control at any place within the corporate limits of the city.

Cross Reference: Nuisances, Sec. 8-101 et seq. of this code.

Any two (2) or more persons assembled or who shall assemble with the intent to mutually agree to do any unlawful act with force or violence and shall make any movement therefor against the property of the city or the person or property of another person shall be guilty of an offense.

Offenses and Crimes

1. When necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting him or acting by his direction;
2. When necessarily committed by any person in arresting one who has committed any felony, and delivering him to a public officer competent to receive him in custody;
3. When committed either by the party about to be injured, or by any other person in his aid or defense, in preventing or attempting to prevent an offense against his person, or any trespass or other unlawful interference with real or personal property in his lawful possession; provided, the force used is not more than sufficient to prevent such offense, and that the same shall be necessary for the self defense of his person or property;
4. When committed by a parent or authorized agent of any parent, or by any guardian, master or teacher, in the exercise of a lawful authority to restrain or correct his child, ward, apprentice or scholar, provided restraint or correction has been rendered necessary by the misconduct of such child, ward, apprentice or scholar, or by his refusal to obey the lawful command of such parent or authorized agent or guardian, master or teacher, and the force used is reasonable in manner and moderate in degree;
5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them at their request, in expelling from any carriage, interurban car, vessel or other vehicle, any passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is sufficient to expel the offending passenger, with a reasonable regard to his personal safety;
6. When committed by any person in preventing an idiot, lunatic, insane person or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to himself or to another, or enforcing such restraint as is necessary for the protection of his person or for his restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of such person;

1. Where force is permitted to effect a lawful purpose only that degree of force effect such purpose only that degree of force necessary to effect such purpose shall be used.

CHAPTER 2

OFFENSES AGAINST PERSONS

Section 10-201 Assault and battery.

Section 10-202 Assault defined.

Section 10-203 Battery defined.

Section 10-204 Reckless conduct

1. Reckless conduct, as used in this section, consists of an act which creates a situation of unreasonable risk and probability of death or great bodily harm to another and which demonstrates a conscious disregard for the safety of another.
2. It is unlawful for any person to endanger another's safety by reckless conduct in the operation or handling of any weapon or instrument, including a pistol, revolver or other firearm. (Prior Code, Sec. 16-77)

CHAPTER 3

OFFENSES AGAINST PROPERTY

Section 10-301 Petit larceny and larceny of lost property

Section 10-302 Larceny by false pretense.

Section 10-303 Altering keys.

Section 10-304 Possession of stolen property.

Section 10-305 Defrauding public accommodations; proof; exception

Section 10-306 Concealing unpurchased merchandise, merchant's authority to detain

Section 10-307 Failure to pay fare for public conveyance.

Section 10-308 False or bogus checks.

Section 10-309 Harmful deception.

Section 10-310 Defacing building, damaging property.

Section 10-311 Removing or breaking private property.

Section 10-312 Damaging private property.

Section 10-313 Public works under construction.

Section 10-314 Damaging or tampering with motor vehicle.

Section 10-315 Tampering with or damaging of utilities.

Section 10-316 Destroying trees and shrubbery.

Section 10-317 Trespassing prohibited notice, trespass prohibited.

Section 10-318 Congregating, parking on premises after hours.

Section 10-319 Unlawful intrusion on land.

Section 10-320 Throwing or shooting at persons or property. 

Section 10-321 Throwing Out lighted substances or debris prohibited.

Section 10-322 Littering, deposits unlawful.

Section 10-323 Posting advertising matter on building of another.

Section 10-324 Posting advertising matter on utility poles or on or over streets and sidewalks.

Section 10-325 Interference with radio, television or telephone reception of others.

Section 10-326 False weights.

Section 10-327 Electric fences prohibited.

Section 10-328 Unlawful use of another's garbage or refuse container.

Section 10-329 Fireworks prohibited, exceptions.

1. No person shall steal, take and carry away by fraud or stealth, with intent to deprive another thereof, any personal property under the value of Fifty Dollars ($50.00) or embezzle any money, personal property or effects of another under the value of Fifty Dollars ($50.00). This section does not apply to taking property from the "person" of another.
2. One who finds lost property of the value of Fifty Dollars ($50.00) or less, under circumstances which gives him knowledge or means of inquiry as to the true owner, and who appropriates such property to his Own use, or to the use of another person who is not entitled thereto, without having first made such effort as the circumstances render reasonable and just to find the owner and restore the property to him, is guilty of a petit larceny. (Prior Code, Sec. 16-91, 16-93)

No person shall induce, or attempt to induce, any person to give up or pay over any money or other thing of value which money or value does not exceed Fifty Dollars ($50.00), by any false representation or pretense, or in exchange for any false or bogus coin or check, draft or other false evidence of value, or in consideration of refraining from a lawful or unlawful arrest, or in consideration of refraining from reporting any unlawful act to any public official (prior Code, Sec. 16-105, 16-107, in part)

No person shall make or alter or attempt to make or alter any key or other instrument that will open the lock of a building unless requested to do so by some person having the right and authority to make such request.

No person shall keep in his possession, or dispose of, or conceal any stolen property, or fail promptly to inform some proper official of the possession thereof, under circumstances indicating that such property had been stolen or the possession thereof obtained unlawfully.

State Law Reference: Receiving stolen property, 21 O.S. Sec. 1713.

1. A No person shall obtain food, lodging or other accommodation in any hotel, motel, inn, boarding, eating or rooming house or place, or any other lodging place, with the intent to defraud the owner or keeper.
2. Proof that lodging, food and other accommodations were obtained by false pretense or fictitious show of any package or other property or that the person gave a check or negotiable paper on which payment was refused or that the person left the hotel, motel, inn, boarding, eating or rooming house or place, or other lodging place, without paying or offering to pay for the food, lodging or other accommodation or that the person surreptitiously removed or attempted to remove the package or property, or that the person registered under a fictitious name shall be prima facie proof of attempt to defraud.
3. No person shall refuse to pay the legal fare of any of the vehicles mentioned in this article after having hired the same, and no person shall hire any vehicle with intent to defraud the person from whom it is hired of the value of such service.
4. This section shall not apply where there has been an agreement in writing for delay in payment (prior Code, Sec. 16-105)

Any person concealing unpurchased merchandise of any establishment, either on the premises or outside the premises of the establishment, shall be presumed to have so concealed the merchandise with the intention of committing a wrongful taking of such merchandise.. Such concealment or the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be conclusive evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time of such person by a merchant, his agent or employee; any such reasonable detention shall not be deemed to be unlawful nor render any such merchant, his agent or employee, criminally or civilly liable. (Prior Code, Sec. 16-96)

1. Destroy, injure, deface, damage or molest any structure, building, work or other property, real or personal, belonging to another;
2. Use such property wrongfully to the detriment of the owner or other person entitled to its use; or
3. Interfere wrongfully with the use of any such property by its owner or any other person entitled to its use.

(Prior Code, Sec. 16-99)

State Law Reference: Destroying property generally, 21 O.S. Sec. 1760.

No person shall willfully, unlawfully or maliciously take and carry or cause to be taken and carried away any part of a house, barn, fence, gate or other structure, or maliciously break, tear down or destroy any part of a house, barn or other structure not his own.

No person shall willfully and wantonly damage or destroy the personal property of another.

A Any person who removes, destroys, disturbs, or in any manner injures any grade stake, stone or other mark or monument set by or under authority of the city to designate or mark grades, lines, corners or bench marks on any public work in the city prior to the completion and acceptance of the contract for which such stakes or monuments are set, without lawful authority, is guilty of an offense.

B. Any contractor or other person constructing any public work in the city shall protect such work by barriers or obstructions. It is unlawful for any person to cross the barriers or to remove them until the work has been completed and opened by authority of the city.

A. No person, other than a peace officer in the performance of his official duties, shall, with intent and without right to do so, injure or tamper with any vehicle or in any other manner damage any part or portion of the vehicle or any accessories, appurtenances or attachments thereto.

B. No person, other than a peace officer in the performance of his official duties, shall, without right to do so and with intent to commit a crime, climb into or upon a vehicle, whether it is in motion or at rest, attempt to manipulate any of the levers, starting mechanism, brakes or other mechanism or device of the vehicle while the vehicle is at rest and unattended, or set in motion any vehicle while the vehicle is at rest and unattended. (prior Code, Sec. 16-98)

State Law Reference: Damaging motor vehicles, 21 0.S. Secs. 1787, 1788.

A No person shall alter, remove, tamper with, molest, damage or injure any wires, cable, appurtenance, structure, pipes or equipment of any utility of the city, or any public utility, or connect or tamper with the wires, cables or pipes of any electric, water, sewer, cable television or gas utility or of the city without consent of the utility or city having been first obtained

B. It is unlawful to open up any manhole or opening to a sewer unless authorized by the city, or to leave a manhole or other opening so opened without replacing the fixture or appliances thereto in their proper place and position

C. No person except a member of the fire department or a person acting on lawful order or permit issued by the city shall open or use water from any fire hydrant or take off the caps or damage the same. No person may block the approach or access to a fire hydrant or attach, fasten, stand or brace anything against or on the hydrant

D. No person shall in any manner whatsoever:

E. Each day that any person maintains any such fraudulent connection with any wires, cables or pipes, or fraudulently takes from any such wires, cables or pipes either electric current, transmissions, water or gas shall constitute a separate offense. (Prior Code, Sec. 16-102)

1. No person shall willfully, maliciously and without lawful authority cut down, root up, sever, injure or destroy any fruit tree, shade or ornamental tree, cultivated root or plant, grape or strawberry vine, shrub or plant whatever standing on or attached to the land of another, or pick, destroy, carry away therefrom, or in any way interfere therewith, any of the fruit thereof.
2. No person shall willfully or without lawful authority cut down, destroy, root up or in any manner injure any fruit, shade or ornamental tree, shrub or vine planted or growing on any street, land, avenue, alley or other public ground of the city.

B. Trespass shall include each and every actual entry upon the premises of an owner or other person in lawful possession of the premises without the express consent of the owner or other person in lawful possession Trespass shall also mean remaining upon the premises of an owner or other person in lawful possession after having been told to leave the premises by the owner, or the agent, or employee of the owner or other person in lawful possession of the premises. Trespass shall also mean the act of entering upon or remaining on private property when such is plainly forbidden by signs, markings, or otherwise, by verbal command of the owner, his agent, or employee, of after having been directed to do so by a police officer, although this sentence shall not apply to persons including employees whose presence upon the premises is authorized by the owner or by a person in lawful possession of such premises. Trespass shall also include the act of returning to private property after having been directed to vacate the premises by the owner, his agent, employee or police officer under the terms of this section.

1. The doing of an injury or misfeasance to the person of another;
2. The doing of any injury or misfeasance to the property of another when done with force and violence, either actual or implied;
3. Each and every actual entry upon the premises of another owner or person in of real possession of real property, whether the property is public or private, without the owner's or occupant's consent, express or implied;
4. An entry upon the premises, or any part thereof, of another in violation of a notice exhibited thereon prohibiting entry at specified times;
5. An entry upon the premises, or any part thereof of another in violation of any notice, warning or protest given orally or in writing by any owner or other lawful occupant thereof;
6. An entry upon any public property, including parks or parking areas, in violation of a notice exhibited there prohibiting entry at specified times;
7. An entry upon any public property in violation of any notice, warning or protest given orally or in writing by a city official;
8. If on the property of another, or upon public property lawfully, a failure or refusal to depart in case of being requested to so depart orally or written, by any owner, lawful occupant, or by a city official;
9. An entry upon any portion of a public park, where the entry involves the use of any vehicle, equipment or device where such use is specifically prohibited;
10. An entry of any public building except for the purpose of dispatching business with the public corporation or consent is obtained from the city council or other public official which is lawfully authorized to give consent; or
11. Remaining on public or 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. The provisions of this paragraph 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 paragraph apply unless hours of business operation are posted upon such premises. Trespass also includes the act of returning to private property before the posted time of opening for business operation on the next business day after having been directed to vacate such premises under the terms of this paragraph

D. For purposes of constituting a violation of this section, the exhibited notice required under paragraphs 4, 5, 6, 7 and 9 of Subsection C hereof shall meet the following criteria:

1. The notice shall be plainly posted in a place or places conspicuous to those who would enter the property;
2. The notice shall he legible so as to afford reasonable warning prior to the commission of a trespass; an
3. If upon property to which the public is invited at least some part of the day, the notice shall clearly specify the days and times of day entry is prohibited, and further specify that entry at such times constitutes a punishable offense under the city code.

1. No person shall stand, walk, sit, lie, congregate or otherwise occupy or remain upon the premises of any place or business within the city after business hours without consent of the lawful owner, occupant, lessee or employee thereof.
2. No person shall stop, stand, park, leave, or place any motor vehicle, whether occupied or not, upon any public or private property without the consent of the owner, occupant, lessee or employee thereof, except where such property is provided for public parking and the use for such parking is not restricted by proper notice. In addition to fine or other punishment for a violation of this subsection, the vehicle so parked, left or placed shall he subject to impoundment upon complaint of the property owner or lawful occupant; the person violating this subsection shall he wholly responsible for payment of towage and storage charges.
3. No person may he charged under this section unless the premises in question is posted with a conspicuous sign which states, substantially, that the premises are posted, and that any person congregating, occupying or remaining upon the premises or parking or leaving a motor vehicle thereon, is subject to prosecution pursuant to the city code.
4. When used in this section, the term "after business hours" shall mean that the doors of the business which are open to the public during business hours are closed and locked and that the business is no longer admitting customers. The term applies to places of business which are vacant or permanently or temporarily closed or otherwise unoccupied. The term "place of business" means any private property upon which a building, house or other structure is used for commercial or public purposes, e.g., without limitation, restaurants, gas stations, shopping malls or centers, theaters, convenience stores, grocery stores, drug stores or pharmacies, recreational facilities, wholesale or retail sales activities, offices, banks or other financial institutions, manufacturing, professional services (medical, legal, accounting, insurance, consulting).
5. There is a rebuttable presumption that any person or motor vehicle upon the premises of a place of business that is properly posted pursuant to this section after such time as the front door or other such door that admits members of the public is closed and locked is on the premises of such business unlawfully under this section; however, this presumption shall not he applied within thirty (30) minutes of any opening or closing times posted by such place of business. This presumption may only he rebutted by proof beyond a reasonable doubt that any person held by the municipal judge to he subject to this rebuttable presumption was on the premises in question with permission of the lawful owner, occupant, lessee or employee thereof.
6. If a motor vehicle is alleged to he unlawfully parked or left under this section, it shall he rebuttably presumed that the person in whose name the motor vehicle was last registered was the person who parked or left the motor vehicle.
7. The parking or leaving of a motor vehicle as set forth herein shall constitute the offense of unlawful parking or leaving a motor vehicle after business hours, punishable as provided in Section 1-108 of this code.
8. If a person violates Subsection A of this section, it shall constitute the offense of unlawful presence on property after business hours or congregating after business hours and is punishable as provided in Section 1-108 of this code.
9. The provisions of this section are cumulative of other applicable offenses enacted in this code or state law. (Ord No.456, 8/1/88)

Cross Reference: See also Section 15-608 on vehicular trespass.

1. No person shall intrude or remain upon any lot or piece of land, or in any building within the city without license or authority from the owner thereof, or erect or occupy thereon any structure whatever without such license or authority.
2. No person shall place, erect or occupy within the bounds of any street, alley or avenue of the city any structure whatever unless such person is granted a license by the city to do so.

No person shall throw or shoot any object into or across any street or alley, or in any place where he is likely to hit another person wrongfully, or injure property, or to throw any object at any person, vehicle, structure, or property of another, whether public or private, except where such is done in defense of oneself or another person or property. (Prior Code, Sec. 16-101)

No person shall throw, drop, deposit or otherwise place in, upon or within the limits of any street, avenue, public ground, public waterway or city owned property or waterway any lighted cigarette, cigar or other flaming or glowing substances, or any substance or thing which may cause a fire.

It is unlawful to throw, deposit or discharge any item or waste material, liquid or solid, on any street or public place in the city or upon the property of another without express authority to do so.

1. No person shall place upon any building any advertising or other matter of any kind, nor print or exhibit printing on a building or any part thereof, in words, signs or characters, except with the express consent of the owner, lessee or authorized agent of the owner of the building.

B. No person shall place, post, paint, mark, write, print or put any sign, poster, picture, announcement, writing, device, advertisement or other marking upon any public or private building, fence, sidewalk, bridge, post, automobile or vehicle or property of another without the consent of the owner or person in charge thereof.(prior Code, Sec 16-100)

Cross Reference: See also Section 15-209 prohibiting signs on official traffic signs.

It is unlawful for any person, or any officer or employee of any person, to operate or use

A For the purpose of this section, fireworks shall have the same meaning as in state law, Section 1621 et seq. of Title 68 of the Oklahoma Statutes.

B. It is unlawful for any person to manufacture, display, possess, use or sell fireworks within the city except as provided in this section.

C. Pyrotechnic or fireworks displays may be authorized in accordance with the city fire code when under proper control and the time, place and manner of the display is permitted by the city. (Prior Code, Sees. 9-%, 9-97)

Cross Reference: See also Section 5-6O1 et seq., fire code.

CHAPTER 4

OFFENSES AGAINST PUBLIC PEACE

ARTICLE A

GENERAL PROVISIONS

Section 10-401 Disturbing the peace.

Section 10-402 Disturbing funerals.

Section 10-403 Disorderly conduct.

Section 10-404 Parades and public assemblies.

Section 10-405 Carrying certain weapons prohibited

Section 10-406 Sale of weapons to minors prohibited

Section 10-407 Carrying, discharging firearms.

Section 10-408 Begging.

ARTICLE B

NOISE

Section 10-421 Findings.

Section 10-422 Definitions.

Section 10-423 Prohibited generally.

Section 10-424 Specific prohibitions.

Section 10-425 Exemptions.

Section 10-426 Permit.

Section 10-427 Duties and responsibilities of city departments.

Section 10-428 Penalty, injunctive relief

ARTICLE A

GENERAL PROVISIONS

1. It is unlawful to disturb or alarm the peace of another or others by doing any of the acts set out in Subsection B of this section
2. Disturbing the peace is the doing of any of the following in such a manner as would foreseeably alarm or disturb the peace of another or others:

1. Using obscene, offensive, abusive, profane, vulgar, threatening, violent or insulting language or conduct;
2. Appearing in an intoxicated condition;

 

3. Engaging in a fistic encounter;
4. Lewdly exposing one's person, or private parts thereof in any public place or in any place where there are present other persons to he offended or annoyed thereby;

 

 

5. Pointing any pistol or any other deadly weapon whether loaded or not at any other person or persons either in anger or otherwise;
6. Holding an unlawful assembly of two (2) or more persons, including being assembled together and acting in concert, to do any unlawful act against the peace or to the terror of others or preparing for or moving toward such acts, or otherwise assembling unlawfully or riotously;
7. Interrupting any lawful assembly. of people 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;

 

 

8. Obstructing the free passage of pedestrians or vehicles on a street, right-of-way or sidewalk, or other public place;
9. Obstructing, molesting or interfering with any person lawfully in a public place;
10. Making unnecessarily loud, offensive noises;
11. Disturbing 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; or
12. Committing any other act in such a manner calculated as to unreasonably disturb, interfere or alarm the public or the comfort and repose of any person.

1. Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing any of the conditions enumerated in Subsection A herein, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place; and any who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
2. This section shall not apply to peaceful picketing, public speaking or other lawful expressions of opinion not in contravention of other laws. (prior Code, Secs. 16-57 - 16-59, 16-61)

No person shall willfully disturb, interrupt or disquiet any assemblage of people who have met for the purpose of any funeral, or obstruct or detain any person engaged in accompanying any funeral to a place of burial.

A person shall be guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance, alarm or recklessly creating the risk thereof he:

1. Acts in a violent or tumultuous manner toward another whereby any person is placed in fear of safety of his life, limb or health;
2. Acts in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged;
3. Endangers the lawful pursuits of another by acts of violence, angry threats and abusive conduct;
4. Jostles or crowds or pushes any person in any public place;
5. Uses "fighting words" directed toward any person and thus creates a turmoil;
6. Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another; or

7. By acts of violence interferes with another's pursuit of a lawful occupation.

1. As used in this section, "parade" means any parade, march, ceremony, show, demonstration, exhibition, pageant or procession of any kind, or any similar display, in or upon any street, park or other public place in the city.
2. No person shall use any street, alley, public way, park or other property owned or controlled by the city, except those places specifically designed and intended for such use, for the purpose of holding, conducting, causing or participating in any parade, street fair, street dance, carnival, assemblage or activity of any nature which may cause the disturbance or interference of the normal and ordinary use of the property by other persons, without first having obtained a permit for such purpose. The permits may be granted by the city manager under such conditions as deemed appropriate.
3. Permits shall not be required under this section in the case of construction or repairs to or within any such street or property, provided all other requirements of this code are complied with.
4. Not less than two (2) weeks prior to the closing or use of a street or property for a parade, an application shall be submitted by the party to the city. The time requirements may be waived by the city manager at his discretion if sufficient time exists for the proper review of the application as herein provided. The application shall be submitted upon a form prescribed by the city. The application shall provide such other information as requested.
5. The city manager shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

1. The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
2. The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city;
3. The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;

 

4. The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;
5. The conduct of such parade will not interfere with the movement of firefighting equipment en route to a fire;
6. The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance; and
7. The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.

1. The city manager, in such cases as shall be determined in his discretion, may require as a condition to the issuance of a permit herein such insurance or bond holding the city harmless from any and all liability for injury or damage of any kind whatsoever occurring during such activity covered by the permit.
2. Without regard to the above provision of this division, the city manager, from his consideration of available, appropriate and necessary information, shall deny the application for a permit provided for by this chapter when, from this information, he has reason to believe that any contemplated advocacy at the proposed event will be directed to inciting or producing imminent lawless action and will likely incite or produce such action.
3. The city manager, in denying an application for a parade permit, may authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall so indicate within five (5) days after notice of the action of the city manager. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this section.

State Law Reference: Power of local authorities to regulate assemblies, 47 O.S. 15-102.

Cross Reference: Funeral processions, Sec. 15-525 to 15-527.

It is unlawful for any person to carry upon or about his person any firearm, bowie knife, dirk knife, switch blade knife, spring type knife, knife having a blade which opens automatically by hand pressure applied to any device in the handle of the knife, loaded cane, metal knuckle or any other offense or defensive weapon except as may be authorized by law. (Prior Code, Sec. 16-51)

It is unlawful for any person to sell or give to any minor any firearm or weapon designated in Section 10-406 of this code. (Prior Code, Sec. 16-52)

1. A person is permitted of carry firearms open and unconcealed only as may be authorized by state law.
2. It is unlawful for any person to discharge a firearm within the city except when doing so in line of duty, in defense of oneself, of another person or property or when otherwise authorized by law or ordinance. "Firearms" as used in this section includes air rifles, BB guns and all firearms as defined by state law. (Prior Code, Sec. 16-54, 16-55)

ARTICLE B

NOISE

1. The making and creation of excessive, unnecessary noise within the city is a condition which has existed for some time and the extent and volume of such noise is increasing;
2. The malting, creation or maintenance of such excessive, unnecessary, unnatural or unusual noise, prolonged in time, place and use, affects and is a detriment to public health, comfort, convenience,, safety, welfare and prosperity of the residents of the city;
3. A substantial body of scientific and technological knowledge and expertise exists by which noise is recognized as sound which is excessive and thereby unwanted and rejectable, and may be substantially abated;
4. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy in pursuance of and for the purpose of securing and promoting the peace and quiet for the greater assurance of public health, comfort, convenience, safety, welfare and prosperity of the city and its inhabitants.

The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:

1. "Construction" means any site preparation, assembly, erection, substantial repair, alteration, or similar action excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property;

2. "Continuous sound" means any sound, essentially without interruption, which exists for a period of six (6) minutes or more;

3. "Demolition" means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property;

4. "Device" means any mechanical object or piece intended to produce, or which produces the resultant effect objectively sought when operated or used;

5. "Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action;

6. "Emergency vehicle" means vehicles of the fire, police and highway patrol departments and legally authorized ambulances and emergency vehicles of state departments;

7. "Emergency work" means any work performed for the purpose of preventing or alleviating physical traumas or property damage threatened or caused by an emergency;

8. "Excessive sound" means that sound level which elicits complaints, usually independent of each other in the estimate of the sound's being acceptable or unacceptable;

9. "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. k cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used;

10. Impulsive sound" means sound pulses of short duration, usually less than one second, with an abrupt onset and rapid decay;

11. "Measurement period" means that total amount of time used in the measurement of sound levels for a given incident not including time intervals, or their total time, between intervals of actual sound measurement time. Limits are as stated herein, not less than ten (10) minutes and not more than thirty (30) minutes;

12. ^"Motor vehicle" means every vehicle self-propelled on land and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails; provided, however, the definition of motor vehicle shall not include implements of husbandry;

13. "Muffler" means a device for abating the sound of escaping gases of any internal combustion engine;

14. "Noise" means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans;

15. "Noise disturbance" means any plainly audible sound which:

a) injures or endangers the safety or health of a human;

2. annoys or disturbs a reasonable person of normal sensitivities; or
3. endangers or injures personal or real property

16. "Powered model vehicle" means any self-propelled airborne, waterborne, or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to, any model airplane, boat, car or rocket.

1. Between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to be plainly audible within any dwelling unit which is not the source of the sound; or
2. On public property or on a public right-of-why so as to be plainly audible fifty (50) feet or more from such device,

except as authorized by permit;

8. Operation of powered models or toys such as to produce a noise disturbance;

1. Running, testing or otherwise operating aircraft engines on the ground or operating an airport facility in such a manner as to cause or tend to cause noise disturbance. Nothing in this section shall be construed to prohibit, restrict, penalize or enjoin or in any manner regulate the movement of aircraft which are, in all respects, conducted in accordance with or pursuant to applicable federal laws and regulations, or air traffic control instructions;
2. Operating or permitting to be operated in any place of public entertainment during any hour of operation when patrons or customers may be expected to be present, any loudspeaker or sound amplifier which produces, reproduces or amplifies sound, or which produces a noise disturbance at a point normally to be occupied by a patron or customer, unless a conspicuous legible sign is posted at or within five (5) feet of each public entrance and not more than five (5) feet above the level of the ground, floor, or other entrance threshold, readable by a person with 20/20 vision at a distance not less than ten (10) feet from the loudspeaker or amplifier, which sign shall state:

"WARNlNG: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT"

This provision shall not be construed to allow the operation of a loudspeaker or sound amplifier in such manner as to violate paragraph 11 below;

3. Creating noise disturbance within five hundred (500) feet of any school or other such institution of learning, church, hospital, convalescent hospital or mass-care home, or court of law from 10:00 p.m. to 7:00 a.m., provided conspicuous, legible signs are serviceably displayed at such distance from the aforementioned institutions, or any of them, that such potential violation may be avoided;
4. No property owner, lessor or lessee shall knowingly allow any automobile, motorcycle, minibike or other vehicle which creates a noise disturbance to be driven across his property. Nothing in this section shall be construed as to prohibit the arrest of the operators of such vehicles as may be provided by this code.

The following sources of potentially excessive sound shall be exempt from noise control

(Ord. No.544, 2/4/91)

1. Application for a permit for relief from noise restrictions designated in this article, on the basis of undue hardship, may be made to the city manager or his authorized representative. Any such application shall set Out clearly the conditions describing the undue hardship so alleged.
2. A permit may be granted only upon sufficient and reliable showing in the application that such conditions indicate one or more of the following to be true:

1. Additional time is necessary for the applicant to alter or modify his activity or operation to comply with this article;
2. The activity, operation or noise source will be of temporary duration, and cannot be performed in a manner that would comply with other sections of this article; and
3. No other reasonable alternative is available to the applicant.

C. A permit may be granted only for an effective time period of three (3) days or less, except in the case of construction or demolition, the effective time period of such permit shall not exceed forty-five (45) days continuous time lapse. A permit may be renewed while the urgent necessity continues for three (3) days or less, except in the case of construction or demolition, the renewal shall not exceed forty-five (45) days. Any such permit thus granted shall state all conditions upon which it may be granted, including, but not limited to, effective date, time of day, location, limitations for personnel or equipment involved, and any other conditions or requirements the city manager may deem necessary to minimize the averse effects upon the community or surrounding neighborhood. (Ord No.544, 2/4/91)

1. All departments and agencies of the city shall, to the fullest extent consistent with other ordinances, carry Out their programs in such a manner as to further the policy of this article and in cooperation with the enforcement of it.
2. All departments whose duty it is to review and approve new projects or changes to existing projects that result, or may result, in the production of excessive sound levels shall consult with the agent of enforcement prior to any such approval (Ord. No.544, 2/4/91)

1. Any person who violates any provision of this article shall, upon conviction thereof, be guilty of an offense against the city.
2. Each day of violation of any provision of this article shall constitute a single offense if the disturbance is continuous. If the disturbance is not continuous, each violation of any provision of this article shall constitute a separate offense, although committed on the same day.
3. As an additional remedy, any activity, conduct or the operation or maintenance of any device, instrument, vehicle or machinery which is continuing in nature and in violation of any ordinance provision, and which causes discomfort or annoyance, or which endangers the comfort, repose, health or peace of residents in the area, or which produces a noise disturbance shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. An injunction or restraining order may be issued pursuant to the statutes of the state. (Ord No.544, 2/4191)

CHAPTER 5

OFFENSES AGAINST THE PUBLIC

Section 10-501 Public intoxication.

Section 10-502 Marijuana prohibited.

Section 10-503 Drug paraphernalia.

Section 10-504 Sniffing glue, paint and other substances.

Section 10-505 Curfew for minors.

Section 10-506 False representation as blind, crippled or physically defective to obtain

money, aid.

Section 10-507 Prowling on premises.

Section 10-508 Misrepresenting age by false documents.

Section 10-509 Obscene, threatening or harassing telephone calls.

Section 10-510 Disorderly house.

Section 10-511 Nudity, improper dress, indecent exposure.

Section 10-512 Gambling and gambling devices.

Section 10-513 Prostitution prohibited.

Section 10-514 Offenses near schools.

Section 10-515 Sleeping in places, property.

Section 10-516 Contributing to delinquency of a minor.

Section 10-517 Tobacco to minors prohibited.

No person shall be in any public place in a state of intoxication. A state of intoxication means the condition in which a person is under the influence of drugs, intoxicating liquors or nonintoxicating beverage to such an extent as to deprive the person of his full mental or physical power or be unable to exercise care for his own safety or the safety of others.

1. To appear or be upon or in any street, alley, place of business, or other public place while under the influence of marijuana;
2. To use, have, or possess marijuana upon or in any street, alley, place of business, or other public place within the city;
3. To use marijuana in any place within the city except as legally prescribed by a physician licensed to practice in the state; or
4. To be about a place where marijuana is sold or furnished illegally.

B. For the purpose of this section, "marijuana" means all parts of the plant cannabis sativa L, whether growing or not; the seeds thereof; the rosin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or rosin but shall not include the mature stalks of such plant, fibre produced from such stalks, oil or cake made from the derivative, mixture or preparation of such mature stalks (except rosin extracted therefrom), fibre, oil or cake, or the sterilized seed of such plant which is incapable of germination. (Prior Code, Sec. 16-63, in part)

State Law Reference: Controlled Dangerous Substances Act, 63 O.S. Secs. 2-101, et seq.

A. For the purpose of this section, "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the state Uniform Controlled Dangerous Substances Act, Sections 2-101 et seq. of Title 63 of the Oklahoma Statutes, hereinafter referred to as "the act," and adopted by reference herein. It includes, but is not limited to:

1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
3. Isomerization devices used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
4. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
5. Sales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
9. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
11. Hypodermic syringes, needles and other objects wed, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and
12. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
2. Water pipes;

1. Roach clips: meaning objects used to hold burning materials, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
2. Miniature cocaine spoons, and cocaine vials;
3. Chamber pipes;
4. Carburetor pipes;
5. Electric pipes;
6. Air-driven pipes;
7. Chillums;
8. Bongs; or

i.. Ice pipes or chiller.

B. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

1. Statements by an owner or by anyone in control of the object concerning its use;
2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
3. The proximity of the object, in time and space, to a direct violation of the act;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object:
6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intended to use the object to facilitate a violation of the act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the act shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the community; and
14. Expert testimony concerning its use.

C. It is unlawful for any person to use, or to possess with intent to use, 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 substance in violation of the act.

D. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that 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 substance in violation of the act.

E. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

State Law Reference: Similar provisions, 63 O.S. Sec. 2-101.1

No person shall sniff or inhale paint, g, gasoline or other volatile substances for purposes of intoxication.

(A) Definitions.

For the purposes of the Curfew Ordinance the following terms, phrases, words and their derivations shall have the meaning given herein.

1. City is the City of Moore, Cleveland County, Oklahoma.

2. Minor is any person under the age of eighteen(18).

3. Parent is any person having legal custody of a minor: (i) as a natural or adoptive parent; (ii) as a legal guardian; (iii) as a person who stands in loco parentis; or (iv) as a person to whom legal custody has been given by order of the court.

4. Public place shall mean any street, alley, highway, sidewalk, park, playground or place to which 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, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.

5. Remain means to stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totaling four (4) 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.

6. Street is a way or place, of whatsoever 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.

7. Time of night referred to here is based upon the prevailing standard of time, whether Central Standard Time or Central Daylight Saving Time, generally observed at that hour by the public.

8. Year of age continues from one birthday, such as the seventeenth (17) to (but not including the day of) the next, such as the eighteenth (18th) birthday, making it clear that seventeen (17) or less years of age is herein treated as equivalent to the phrase "under eighteen (18) years of age.

(B) Curfew hours

It shall be unlawful for any person seventeen (17) or less years of age (under eighteen (18)) to be or remain in or upon the streets or public places within the City of Moore at night during the period ending 5:00 a.m. and beginning:

1. At 11:00 p.m. for minors on Sunday through Thursday.

2. At 1:00 a.m. on Saturday morning and Sunday morning for minors.

(C) Exceptions.

In the following exceptional cases a minor on a city street or in a public place during the nocturnal hours for which section 10-505 is intended to provide the maximum limits of regulation and does not constitute a violation of the curfew ordinance.

1. When accompanied by a parent of such minor.

2. When accompanied by an adult authorized by a parent of such minor to take said parent's place accompanying said minor for a designated period of time, date and purpose within a specified area. Said authorized adult shall possess a written communication signed by the minor, countersigned by the parent/legal guardian of such minor which would include their home address and telephone number. Said authorized adult shall have this communication from the minor's parent/guardian in his possession.

3. When 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 times and dates when, and where and in what manner said minor will be on the streets and other public places at night (during hours when the Curfew Ordinance is otherwise applicable to said minor) in the exercise of a First Amendment right specified in such communication.

4. The minor is on an errand, specific business or activity of an emergency nature directed or permitted by his parent.

5. If the minor has in said minor's 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.

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

7. When returning home, by a direct route, from (and within forty-five (45) minutes of the termination of) a school activity, or an activity of a religious or the voluntary association, provided the minor has a written communication in the minor's possession, countersigned by the parent or legal guardian indicating the home address and telephone number, the purpose for the event, when, where and in what manner said minor will be on the streets at night.

8. Upon being petitioned the City Council may authorize by regulation a relaxation of the curfew in other matters of reasonable necessity and is determined to be consistent with the public interest and the purposes of this Curfew Ordinance. Normally such regulation by the City Council permitting use of the streets and/or public places should be issued sufficiently in advance to permit appropriate notification of agencies, such as the schools, and the media when appropriate. Said regulation shall define the activity, the scope of the use of the streets and/or public places permitted, the period of time involved, not to extend more than forty-five (45) minutes beyond the time for termination of such activity.

9. When the minor is within the scope of his employment and carries a certified card or some other form 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 carries a valid proof of employment.

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

(D) Parental responsibility

It shall be unlawful for a parent, or other person, having legal custody of a minor knowingly to permit or by in-efficient control to allow, such a minor to be or remain upon any City street or public place under circumstances not constituting an exception to, or otherwise beyond the scope of, the Curfew Ordinance. 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. It is intended to continue to keep neglectful or careless parents or legal guardians up to a reasonable community standard of parental responsibility through an objective test. It shall, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.

(E) Police procedures.

A police officer of the City, upon finding or having attention called to any minor on the streets in prima facie violation of the Curfew Ordinance, 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, shall immediately be notified to come for such minor, whereupon they may be questioned about the necessary facts constituting a violation of this ordinance. In the absence of convincing evidence such as a birth certificate, a police officer on the street shall in the first instance use his best judgment in determining age. In the case of a first violation by a minor the Municipal Court shall cause to be personally delivered or by certified mail, sent to a parent, or legal guardian, written notice of said violation with a warning that any subsequent violation will result in full enforcement of the Curfew Ordinance, including enforcement of parental responsibility and of applicable penalties.

(F) Penalty.

If after the warning notice pursuant to section 10-505(E) of a first violation by a minor, a parent or legal guardian violates said section (in connection with a second violation by said minor), this shall be treated as an offense by the parent or legal guardian. The penalty upon a plea of guilty, nolo contendere, or finding of guilt shall be a fine of up to one hundred dollars ($100.00) and/or a term of Community Service.

SECTION 2. Repealer. All former ordinances or parts of Ordinances conflicting or inconsistent with the provisions of this Ordinance are hereby repealed.

SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, said portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance.

SECTION 4. Emergency. It being immediately necessary for the preservation of the public health, peace and safety of the City of Moore and the inhabitants thereof, an emergency is hereby declared to exist by reason whereof, this Ordinance shall be in full force and effect from and after its passage and approval, as provided by law.

No person shall falsely represent himself as blind, deaf, dumb, crippled or physically defective for the purpose of obtaining money or other things of value, or to secure aid or assistance on account of such false representation.

State Law Reference: Offense against public morals being a misdemeanor, 21 O.S. Sec. 22; public decency generally, 21 O.S. Secs. 22.851, et seq.

.

No person shall be upon the property or premises of another with the intent to peer or peep into the window or door of the dwelling.

State Law Reference: Peeping toms generally, 21 0.S. Sec. 1171.

No person shall, for the purpose of violating any statutes of the state or any ordinances of the city, willfully and knowingly misrepresent his age by presenting a false document purporting to state his true age or by presenting a document not his own.

State Law Reference: Misrepresentation of age by false documents, 21 0.5. Secs. 1518-1520.

Cross Reference: Misrepresentation of age by false or altered documentation for purpose of obtaining alcoholic and nonintoxicating beverage, Secs. 3-109 and 3-213.

A No person shall by means of a telephone, willfully:

1. Make any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent;
2. Make a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at the called number;
3. Permit any telephone under his control to be used for any purpose prohibited by this section; or
4. In conspiracy or concerted action with other persons, make repeated calls or simultaneous calls solely to harass any person at the called number.

1. The sale, distribution, possession or use of any controlled dangerous substance, the sale, distribution, possession or use of which is declared unlawful by state statute;
2. The violation of any of the ordinances of this city or statutes of this state regulating the sale, distribution, possession or use of alcoholic and nonintoxicating beverages as defined by law;
3. The performance of any sexual act declared unlawful by state statute or city ordinance including, but not limited to, soliciting for purposes of prostitution; or
4. The violation of any state statute or city ordinance prohibiting gambling.

B. No person shall keep or maintain, or aid, abet or assist in keeping and maintaining a disorderly house.

1. No owner, lessee, lessor, or other person, partnership or corporation having control over any house, building, structure, tent, vehicle, mobile home, or recreational vehicle shall knowingly use, lease, sublease or otherwise permit the use of same for the purpose of keeping therein any disorderly house, and knowing or asserting that such house, building, structure, tent, vehicle, mobile home, or recreational vehicle is so occupied as a disorderly house, no persons, partnership or corporation shall continue to grant permission to so use such premises as a disorderly house.
2. No person shall knowingly reside in, enter into, or remain in a disorderly house. In any prosecution for violation of this section, the city shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence. This section shall not apply to physicians or officers in the discharge of their professional or official duties.

State Law Reference: Municipal power to regulate disorderly houses and indecencies, 11 O.S. Sec. 22-109.

Cross Reference: See also Sec. 10-513 on prostitution.

It is unlawful for any person to:

1. Appear in any public place in the city in a state of nudity;

2. Appear in any public place in the city in any offensive, indecent or lewd dress; or

3. Make an indecent public exposure of his or her person (Prior Code, Sec. 16-amp;37)

State Law Reference: Similar provisions, 21 O.S. Sec. 1021.

A. Any person who plays or carries on, or opens or causes to be opened, or who conducts, either as owner or employee, roulette, craps, or any banking or percentage game, played with dice, cards or any other device, for money, checks, credit or any representative of value, or any other gambling game, is guilty of an offense.

B. Any person who bets on or plays at any of the prohibited games mentioned in subsection A above, or otherwise gambles, is guilty of an offense.

C. It is unlawful for any person to exhibit or expose to view in any building, or in any part of or room in any building, any table, cards, dice, roulette wheel or other article or apparatus designed for or used for gambling purposes.

D. It is unlawful for any person to keep, own, operate, use, conduct or cause to be kept, operated, used or conducted, either as owner, manager, dealer, clerk or employee, and whether for hire or not, any punch board, machine, cards, game, parlay card or any other device or paraphernalia, wherein or whereby any money or property or any representative of either, or other valuable thing, may be played, bet, staked, wagered or hazarded, won, lost or obtained upon any change, combination of numbers, emblems or any uncertain or contingent event or condition, or football or baseball contest.

F. It is unlawful for any person to bar or barricade any building, or any part of or room in any building, in order to render the same difficult of access or ingress to the police officers of the city, in which building, or any part of or room in any such building, any table, cards, dice, roulette wheel or other article or apparatus designed for or being used for gambling purposes are exhibited or exposed to view.

G. The apparatus and paraphernalia used in the conduct of any of the gambling games prohibited by this section are hereby declared to be a public nuisance and subject to seizure and suppression by any officer, and shall be abated, forfeited and destroyed upon the order and decree of any court of competent jurisdiction.

H. It is unlawful for any person to be about in the immediate vicinity where a person or persons are gambling, whether by playing games, operating a slot machine or other device, or otherwise.

I. Nothing herein contained shall be construed to prevent the sponsoring and operation of bingo games by nonprofit religious, fraternal, charitable or educational organizations; provided the organizations are properly licensed and operated in accordance with law. (prior Code, Sec.16-31, 16-32)

L No person shall direct, take or transport, or offer or agree to take or transport or aid or assist in transporting, any person to any house, place, building or other structure, vehicle, trailer or other conveyance, or to any other person with knowledge or having reasonable cause to believe that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation

J. It is unlawful for a person to be present in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such a purpose is manifested are: That such person is a known prostitute or procurer; that such person repeatedly beckons to, stops or attempts to stop or engage passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose.

K. For the purpose of this section, a "known prostitute or procurer" is a person who, within one year prior to the date of the suspected violation of this section has, within the knowledge of the arresting officer, been convicted of a violation of this section or has been convicted of violating any statute or ordinance of any jurisdiction which makes prostitution or soliciting for the purpose of prostitution unlawful (Prior Code, Sec. 1636)

State Law Reference: Definition of prostitution, 21 0.5. Sec. 1030; Soliciting, 21 0.S.1029; pimping, 21 0.S. 1081.

No person shall engage in any of the conduct or acts hereinafter set forth around, in or near any school or school grounds or streets and alleys adjacent to any school:

1. Any conduct that would disturb the orderly conduct of the school;

2. Annoying or molesting any student or employee of the school;

3. Lewd or wanton conduct in, near or around any of the schools or school grounds or streets and alleys adjacent to the schools;

4. Moving or parking any vehicle in the vicinity of any school for the purpose of annoying or molesting any student or employee of the school; or

1. Any other act or conduct calculated to or likely to annoy or molest any student or employee of such school.

It is unlawful for any person, without lawful reason, between the hours of 12:00 midnight and sunrise, 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.

CHAPTER 6

OFFENSES AGAINST PUBLIC AUTHORITY

Section 10-602 Conveying instruments to assist escape.

Section 10-603 Assisting prisoner to escape.

Section 10-604 Assaulting city officer.

Section 10-605 Delivery of articles to person in confinement.

Section 10-606 Resisting a police officer.

Section 10-607 Citizens' duty to assist.

Section 10-608 Obedience to orders of police and firefighter.

Section 10-609 Eluding police officer by motor vehicle.

Section 10-610 Use of siren or whistle.

Section 10-611 Impersonating a police officer or any city officer.

Section 10-612 False statements, reports or complaints.

Section 10-613 False alarms..

Section 10-614 Removal of barricades.

Section 10-615 Resisting public officials.

Section 10-616 Duties of the public at fires, emergencies.

Section 10-617 Tampering with signs, equipment.

Section 10-618 Interference with police dog performing functions or duties.

Section 10-619 Destroying, tampering with evidence.

No person shall knowingly assault, batter, or assault and batter any city officer or official while in the performance of their duties. (Ord. No.505, 2I5/90)

State Law Reference: Assaulting law officer, 21 O.S. Secs. 649, 650.

A . It is unlawful to resist, oppose or assault, prevent, fail to cooperate with or in any way interfere with a police officer or any person duly authorized to act as such, while the officer or person is discharging or attempting to discharge his official duties within the limits of the city.

B. It is unlawful for any person to warn or signal another so as to assist such other person to flee, escape or evade an officer seeking to make an arrest or for any person to bar or lock any door or barrier in the face of or in front of an approaching officer.

C. Resisting an officer is the intentional opposition or resistance to, or obstruction of, an individual acting in his official capacity, and authorized by law to make a lawful arrest or seizure of property, or to serve any lawful process or court order, when the offender knows or has reason to know that the person arresting, seizing property, or serving process is acting in his official capacity.

D. The words "obstruction of" shall, in addition to their common meaning, include:

1. Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest;

2. Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he is under arrest; or

arresting officer.

It is the duty of all persons in the city when called upon by any police officer to promptly aid and assist him in the execution of his duties. (prior Code, Sec. 16-121)

No person shall fail to heed a reasonable order of a police officer or firefighter while such officer is in the discharge of an official duty in maintaining the public safety or welfare.

No operator of a motor vehicle who has received a visual or audible signal, a red light or a siren from a police officer driving a motor vehicle, showing the same to be an official police, sheriff or highway patrol car directing the operator to bring his vehicle to a stop, shall willfully increase his speed or extinguish his lights to elude or attempt to elude such police officer, or attempt in any other manner to elude the police officer.

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. (On No.506, 215/90)

It is unlawful for any person knowingly or willfully to:

1. Resist, oppose or obstruct the chief of police, any other police officer, the municipal judge, or any other officer or employee of the city in the discharge of his official duties;
2. Obstruct, threaten or otherwise intimidate or attempt to intimidate any officer or employee from the discharge of his official duties; or
3. Assault or beat, or revile, abuse, be disrespectful to, use abusive or indecent language toward or about, any such officer or employee while such officer or employee is in the discharge of his official duties.

A All persons at fires or other emergencies or accidents shall conduct themselves in an orderly and lawful manner and to assist in maintaining law and order.

B. No person at or near any fire or emergency shall conduct himself in a disorderly manner or neglect or refuse to promptly obey any order of the fire chief or his assistants relative to such fire; and no person shall resist, obstruct, hinder or abuse any officer of the fire department or any firefighter in the proper discharge of his duty.

C. Every police officer present at a fire shall keep back all persons who are in the way or impeding the work of the fire department, and so far as possible protect all property from loss or injury, and cooperate with and assist the fire department in every way possible while at the fire. The fire chief or an assistant fire chief or any police officer shall have the power to designate persons to guard any goods.

D. No person shall follow or block the way of any emergency vehicle engaged in emergency run, or knowingly interfere with officers at the location of any fire or emergency. (Ord. No.506, 2/5/90, in part)

Interfering with firefighters 21 O.S. Sec. 127.

Cross Reference: See also tampering with public utilities, Section 1O-314.