JENKS CITY CODE 2011 CONTAINING ALL OF THE ORDINANCES

JENKS CITY CODE 2011 CONTAINING ALL OF THE ORDINANCES
JENKS CITY CODE 2011
CONTAINING ALL OF THE ORDINANCES
OF THE CITY OF JENKS, OKLAHOMA
OF A PERMANENT AND GENERAL NATURE
PASSED THROUGH
JUNE 17, 2013
AND STILL IN EFFECT ON THAT DATE
COMPILED, REVISED AND CODIFIED
BY
STEPHEN L. OAKLEY
CITY ATTORNEY
ROBERT BELL
PLANNING DIRECTOR
JENKS, OKLAHOMA
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ADOPTION ORDINANCE
ORDINANCE NO. 1302
AN ORDINANCE ADOPTING AND ENACTING THE "JENKS CITY CODE
OF 2011"; COMPILED, REVISED AND CODIFIED AND PUBLISHED BY
THE AUTHORITY OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF JENKS, OKLAHOMA; CONTAINING THE PERMANENT AND
GENERAL ORDINANCES OF THE CITY; REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES OF A PERMANENT AND
GENERAL NATURE NOT INCLUDED IN THE CODE EXCEPT
TEMPORARY OR SPECIAL ORDINANCES; PROVIDING A PENALTY
FOR WRONGFULLY CHANGING OR TAMPERING WITH THE CODE;
REGULATING THE BRINGING OF THE CODE UP TO DATE;
PROVIDING FOR CERTIFICATION OF COPIES OF THE CODE, AND FOR
SALE OF COPIES THEREOF; AND PRESCRIBING THE TIME WHEN THE
CODE SHALL BECOME EFFECTIVE.
WHEREAS, the City Council of the City of Jenks, Oklahoma, desires to compile all
ordinances in a new codification to be entitled the Jenks City Code of 2011; to include all
ordinances passed through June 20, 2011, and still in effect, as well as any modifications to
provisions of the code to bring the same into compliance with modifications to State Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF JENKS, OKLAHOMA:
Section 1. Code Adopted: when in effect; how cited.
(A)
The code of ordinances compiled, revised and codified for the City of Jenks,
Oklahoma by Stephen L. Oakley, Jenks City Attorney, and Robert Bell, Jenks Planning
Director, consisting of Chapters 1 through 22, is hereby adopted and enacted for the City of
Jenks, Oklahoma, and shall go into effect upon the final passage of this ordinance.
(B)
The code may be cited as "Jenks City Code of 2011" or by other properly
identifying designation. When a change or changes have been prepared and inserted in the
Code as provided hereinbelow, the words "as amended" may be added to the above citation or
title when referring to the Code as amended. The year may be omitted.
Section 2. Permanent and general ordinances not included are repealed.
(A)
All ordinances and parts of ordinances of a permanent and general nature
passed prior to June 20, 2011, and in effect at the time the code is adopted but not included in
the code, are hereby repealed as of the time when the code goes into effect. Ordinances passed
on or after June 20, 2011, shall not be repealed or amended by the adoption of the code or the
passage of this ordinance.
Section 3. Repeal of ordinances not to affect any offense or act done prior to time code goes
into effect, etc.
(A)
The repeal of ordinances and parts of ordinances of a permanent and general
nature by the above section of this ordinance shall not affect any offense committed or act, or
any penalty or forfeiture incurred, or any contract, right or obligation established prior to the
time when said ordinances and parts of ordinances are repealed.
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Section 4. Temporary and/or special ordinances continue in effect, although omitted from
code.
(A)
The continuance in effect of temporary and/or special ordinances or parts of
ordinances, although omitted from the code, shall not be affected by such omission therefrom;
and the adoption of the code shall not repeal or amend any such ordinance or part of any such
ordinance. Among the temporary and/or special ordinances not repealed or amended by the
adoption of the code are the following: Ordinances creating, opening, dedicating, vacating or
closing specific streets, alleys and other public ways; naming or changing the names of
specific streets and other public ways; establishing the grades of specific streets and other
public ways; authorizing or relating to specific issues of bonds; creating or relating to specific
sewer and paving districts and other specific local improvement districts; making special
assessments for local improvements; annexing territory to, or excluding territory from, the city;
calling or providing for special elections; approving or authorizing specific contracts with state
or with others; authorizing a specific lease, sale or purchase of property; granting rights-ofway or other rights and privileges to specific railroad companies or others; granting a specific
public utility or any other person, firm or corporation the right or privilege of constructing
lines in the streets and alleys or of using the streets and alleys; granting a franchise to a
specific public utility; or regulating a specific public utility; or amending the zoning map or
Zoning Code.
Section 5. Headings and titles
(A)
Headings and titles of sections and other subdivisions in the code adopted by
this ordinance or in changes made in the code are inserted for the convenience of the users of the
code; and shall have no legal effect.
Section 6. Note inserted for convenience.
(A)
Notes indicating sources of sections, giving other information, or referring to
the statutes or to other parts of the code, are inserted in the code, and may be inserted in
changes to the code for the convenience of persons using the code, and shall have no legal
effect.
Section 7. Certified copies of the code.
(A)
The City Clerk shall carefully examine at least one copy of the code adopted
by this ordinance to see that it is a true and correct copy of the code. Similarly, after each
change or supplement has been prepared, printed and inserted in the code, the City Clerk shall
carefully examine at least one copy of the code as amended to see that it is a true and correct
copy of the code as amended. The City Clerk shall then insert a certificate in the front of the
said true and correct copy or copies of the code certifying substantially that the copy is a true
and correct copy of the code of ordinances of the city Including all permanent and general
ordinances passed or adopted prior to the date to which the code has been brought up to date
and still in effect as of that date.
(B)
A copy of the code as originally adopted or amended and certified shall
constitute the permanent and general ordinances of the city as of the date indicated in the
certificate, and shall be so accepted by the courts of law, administrative tribunals and others
concerned.
(C)
Three (3) copies of the code so certified shall be kept in the office of the City
Clerk at all times, and may be inspected by any interested person at any time during regular office
hours; but may not be removed from the City Clerk's office or possession except upon proper order
of a court of law.
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Section 8. Permanent and general ordinances passed after June 20, 2011.
(A)
Ordinances and parts of ordinances of a permanent and general nature passed or
adopted after June 20, 2011, may be passed or adopted either (1) in the form of amendments to the
code of ordinances adopted by this ordinance, or (2) without specific reference to the code. But, in
either case, all such ordinances and parts of ordinances shall be deemed amendments to the code;
and all of the substantive permanent and general parts of such ordinances and changes made
therein shall be inserted and made in the code whenever authorized or directed by motion, resolution
or ordinance of the Mayor and City Council, as provided hereafter.
Section 9.
Change to be prepared embodying general ordinances.
(A)
By contract or by city personnel, a change or supplement to the code of
ordinances adopted by this ordinance shall be prepared and printed whenever authorized or
directed by the Mayor and City Council. A change to the code shall include all substantive
permanent and general parts of ordinances passed by the Mayor and City Council or adopted
by initiative and referendum during the period covered by the change and all changes made
thereby in the code. A supplement may be added to the code as an attachment or “pocket
part”.
(B)
When preparing a change, the codifier (meaning in this ordinance the person,
agency, or organization authorized to prepare the change) may make formal, non-substantive
changes in ordinances and parts of ordinances included in the change, insofar as it is necessary to
do so to embody them into a unified code. For example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines; headings and titles for sections and other
subdivisions of the code printed in the change, and may make changes in such catchlines, headings
and titles;
(3)
Assign appropriate numbers to sections and other subdivisions to be
inserted in the code;
(4)
Change the words "this ordinance" or words of the same meaning to "this
chapter", "this article", etc. as the case may be, or to "sections - t o - (inserting section numbers to
indicate the sections of the code which embody the substantive sections of the ordinance
incorporated into the code); and
(5)
Make other non-substantive changes necessary to preserve the original
meaning or effect of ordinance material included in the change or already embodied in the code.
(C)
Each change shall include a new page for the code; and the page shall include a
notation indicating that the code contains all permanent and general ordinances and parts of
ordinances passed prior to the date to which the code is brought up to date and still in effect. The
words "as amended" may be added to the title after the year "2011".
(D)
With prior approval of the City Attorney or Mayor and City Council, a change
may include new materials in appendices to the code for convenience of persons using the
code.
(E)
Changes may include an index supplement if needed to index the materials in
the change or changes, or a new index to the code.
(F)
In preparing every change, the codifier shall be subject to the direction and
supervision of the City Attorney of the city.
(G)
After every change has been prepared and printed, a number of copies of the
change equal at least to the number of copies of the code still in existence shall be deposited in
the office of the City Clerk. The City Clerk shall furnish one copy of every change to each
holder of a copy of the code for a reasonable charge, either on request by the holder or by
sending the change to the holder by mail or otherwise. Immediately after receiving the copies
of a change, the City Clerk shall cause the change to be properly inserted and made in all
copies of the code still in his/her possession.
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Section 10. Penalty for altering or tampering with code.
(A)
Any person, firm or corporation who shall alter, change or amend the code of
ordinances adopted by this ordinance except in the manner prescribed by this ordinance, or
who shall alter or tamper with the code in any manner so as to cause the ordinance of the city
to be misrepresented thereby, is guilty of an offense against the city, and upon conviction
thereof, shall be punished by a fine of not more than one hundred dollars ($100.00) plus costs.
Section 11. Sale of copies of the code.
(A)
The City Clerk is hereby authorized and directed to sell copies of the code of
ordinances and future supplements to the public at a reasonable price to be determined from
time to time by the City Clerk.
Approved this
20th
day of June, 2011.
Since the immediate operation of the provisions of the Ordinance is necessary
for the preservation of public health, welfare and safety, an emergency is
hereby declared to exist and this ordinance shall be in full force and effect from
and after its passage by the City Council.
Emergency Clause ruled upon separately this
20th
day of June, 2011.
CITY OF JENKS, OKLAHOMA
Vic Vreeland
MAYOR
Attest:
Josh McCorkle
CITY CLERK
.
Approved as to form:
Steve Oakley
CITY ATTORNEY
.
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.
CONTENTS
CHAPTER
page
1
AGENCIES, OFFICERS AND EMPLOYEES
2
ALCOHOLIC BEVERAGES
61
3
ANIMALS
71
4
83
5
BUILDING, PLUMBING & ELECTRICAL
INSTALLATIONS
BUSINESS AND OCCUPATIONS
115
6
CEMETERIES
147
7
CITY FINANCE AND BUSINESS
149
8
FIRE PREVENTION
195
9
GARBAGE AND OTHER REFUSE
209
10
GENERAL AND MISCELLANEOUS PROVISIONS
225
11
HEALTH AND SAFETY
229
12
MUNICIPAL COURT
235
13
NUISANCES
247
14
OFFENSES
273
15
PARKS AND RECREATION
289
16
PLANNING AND ZONING
293
17
PRIVATE PROPERTY
323
18
PUBLIC UTILITIES
325
19
STREETS, SIDEWALKS & OTHER PUBLIC AREAS
351
20
TRAFFIC
363
21
TRANSPORTATION
417
22
WARDS AND BOUNDARIES
421
INDEX
425
APPENDIX PREFACE
443
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CONTENTS
CHAPTER
page
APPENDIX 1
ELECTRIC FRANCHISE
445
APPENDIX 2
GAS FRANCHISE
449
APPENDIX 3
JENKS PUBLIC WORKS AUTHORITY
455
APPENDIX 4
JENKS INDUSTRIAL AUTHORITY
469
APPENDIX 5
REGIONAL METROPOLITAN UTILITY
AUTHORITY
483
APPENDIX 6
SOUTH TULSA COUNTY WATER
AUTHORITY
487
APPENDIX 7
JENKS REDEVELOPMENT AUTHORITY
497
APPENDIX 8
CABLE TELEVISION
515
APPENDIX 9
LIMITED ACCESS FACILITY SYSTEM
547
APPENDIX 10 FIBER OPTIC SYSTEMS
549
APPENDIX 11 EMERGENCY MEDICAL SERVICES CODE
555
APPENDIX 12 FAIR HOUSING ORDINANCE
575
APPENDIX 13 JENKS AQUARIUM AUTHORITY
583
APPENDIX 14 ARKANSAS RIVER BRIDGE AUTHORITY
599
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CHAPTER 1
AGENCIES, OFFICERS, AND EMPLOYEES
Article 1. Form of Government; Powers, Functions
§1-1-1. Cities under council-manager government - Powers, functions, etc.
(A)
Cities under the statutory council-manager form of city government shall have all the
powers, functions, rights, privileges, franchises and immunities granted, or which may
be granted, to cities under the statutory mayor-council form of city government. Such
powers, functions, rights, privileges, franchises and immunities shall be exercised by
cities under the statutory council-manager form of government as provided by law
applicable to cities under statutory council-manager form of government; or if the
manner is not thus prescribed, then in such manner as the council may prescribe.
(B)
The corporate name of such cities and the service of notices and processes shall be as
in cities under the statutory mayor-council form of government.
§1-1-2. Council provided - Qualifications of members.
(A)
In a statutory council-manager city, there shall be a council composed of one (1)
councilperson from each ward of the city and one (1) councilperson at large. The
councilpersons from the wards shall be qualified electors of their respective wards at
the time of their election; but removal of a councilperson from one ward or precinct to
another within the city after their election, or a change in ward boundaries, shall not
disqualify them from completing the term for which the councilperson was elected.
The councilperson at large shall be a qualified elector of the city. If a councilperson
ceases to be a resident of the city, they shall thereupon cease to be a councilperson. No
councilperson may hold any position in the city government by appointment by the
city manager.
§1-1-3. Number of wards - Divisions - Tenure of councilmen.
(A)
In a statutory council-manager city, there shall be either four (4) or six (6) wards. The
Governor by proclamation shall divide the city into a number of wards required for
this form of government in adequate time for the going into effect of this form, subject
to change by ordinance; provided that, if the municipality is already divided into such
required number of wards, the wards may be left unchanged.
(B)
At the first election held hereafter under the statutory council-manager form of
government, the councilperson from ward one and the councilperson from ward two,
and the councilperson from ward five, if one, shall be elected for terms of four (4)
years; the councilperson from ward three, the councilperson from ward four, the
councilperson from ward six, if one, and the councilperson at large, for terms of two
(2) years. Every two (2) years thereafter, the successors of those whose terms are
expiring shall be elected for overlapping terms of four (4) years, and shall serve until
their respective successors have been elected and qualify.
(C)
When a change in the number of wards is made while a city is operating under the
statutory council-manager form of government, the change shall go into effect for the
next primary and general elections. If the number of wards is being increased from
four (4) to six (6), the councilperson from ward five (5) shall be elected for a term to
coincide with the terms of the councilpersons from wards one (1) and two (2), and the
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councilperson from ward six (6) shall be elected for a term to coincide with the terms
of the councilpersons from wards three (3) and four (4).
(D)
A change in the number of wards or in the boundaries of wards shall not affect the
term for which a councilperson has been elected; and a councilperson from a ward of a
certain number before the change shall continue to be the councilperson from the ward
of that number after the change until his term expires, although in fact he may no
longer reside in the ward of that number as newly constituted.
§1-1-4.
(A)
Election of Mayor and Vice-Mayor. Duties.
At the first meeting after the time prescribed for the beginning of the term of a newly
elected councilperson or councilpersons, or as soon thereafter as practicable, the
council of a statutory council-manager city shall elect from among its members a
mayor and a vice-mayor, who shall serve until their respective successors have been
elected and qualify. The mayor shall preside at meetings of the council, and shall
certify to the correct enrollment of all ordinances and resolutions passed by it. The
mayor shall be recognized as head of the city government for all ceremonial purposes
and by the Governor for purposes of military law. The mayor shall have no regular
administrative duties except that they shall sign all conveyances and such other written
obligations of the city as the council may require. The vice-mayor shall act as mayor
during the absence or disability of the mayor, and if a vacancy occurs, shall become
mayor for the completion of the unexpired term. If, by succession to the office of
mayor or otherwise, the office of vice-mayor becomes vacant, the council shall elect
another vice-mayor for completion of the unexpired term.
§1-1-5. Council and Mayor - Compensation and expenses.
(A)
Neither the mayor nor any other councilperson of a statutory council-manager city
may receive any compensation as such or for any other services rendered the city,
other than expenses
§1-1-6. Powers vested in council - Designated powers.
(A)
Except as otherwise provided in this Act, all powers of a statutory council-manager
city, including the determination of all matters of policy shall be vested in the council.
Without limitation of the foregoing, the council may:
(1)
Appoint and remove the city manager as provided by this Act.
(2)
Enact local legislation subject to such limitations as may now or hereafter be
imposed by the State Constitution and law.
(3)
Raise revenue, make appropriations, regulate salaries and wages, and all other
fiscal affairs of the city, subject to such limitations as may now or hereafter be
imposed by the State Constitution and law.
(4)
Inquire into the conduct of any office, department or agency of the city, and
investigate municipal affairs.
(5)
Appoint or elect and remove its own subordinates, the members of the
personnel board, the members of the planning commission, the members of
the board of adjustment and other quasi-legislative or quasi-judicial officers
and authorities, when and if established, or prescribe the method of appointing
or electing and removing them.
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(6)
Regulate the organization and functioning of the municipal court and of the
minor violations bureau, when and if established, within the limits prescribed
by the State Constitution and this Act.
(7)
Create, change and abolish offices, departments and agencies other than the
offices, departments and agencies established by this Act; and assign additional functions and duties to offices, departments and agencies established by
this Act.
(8)
Grant pardons, including the remission of fines and costs, upon the
recommendation of the municipal judge.
§1-1-7. Council - Limitation of authority - To act through city manager.
(A)
§1-1-8.
(A)
Neither the council nor any of its members in a statutory council-manager city may
direct or request the appointment of any person to, or their removal from, office or
employment by the city manager or by any other authority, or, except as provided by
law, participate in any manner in the appointment or removal of officers and
employees of the city. Except for the purposes of inquiry, the council and its members
shall deal with the administrative service solely through the city manager; and neither
the council nor any member thereof may give orders on ordinary administrative
matters to any subordinate of the city manager either publicly or privately.
Council - Vacancies.
The council of a statutory council-manager city, by majority vote of its remaining
members, shall fill vacancies in its own membership for the unexpired terms.
§1-1-9. Time of regular meetings of the council.
(A)
The council of the City of Jenks, Oklahoma, shall hold a regular meeting at 7:00 P.M.
on every first and third Monday of every month; provided that, if such day falls on a
holiday, the regular meeting shall be held at that time on the next day which is not a
holiday.
§1-1-10. Place of meetings of the council.
(A)
Every meeting of the council shall be held in the place provided therefor in the
Municipal Courtroom, unless the Mayor or the Councilmen calling a regular or special
meeting, designate another place in the city for the holding of the regular or special
meeting; provided that any adjourned meeting may be held at any other place within
the city designated by the Council.
Article 2. City Manager
§1-2-1. City Manager: Powers and duties
(A)
The City Manager is the chief administrative officer of the city. They have all powers
and duties prescribed for them by law, and by ordinance.
(B)
The City Manager shall issue administrative rules for the efficient and effective
operation of the departments of the city in conformity with this Code, subject to such
rules being presented to the City Council and not being modified or rejected. Said
rules, shall become effective thirty (30) days after posting same with affected
department.
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(C)
The City Manager is authorized in their sole discretion, to provide additional public
notice of meetings of the bodies of City government or its related entities beyond the
minimum public notice provided by law. (Enacted 7/6/93, Ord. #806).
Article 3. Finance Department
§1-3-1. Finance Department: City Clerk.
(A)
There shall be a department of finance, the head of which is the City Clerk appointed
by the City Manager for an indefinite term, and removable by the Manager. The City
Clerk is an officer of the city, and has supervision and control of the department of
finance.
§1-3-2. Duties of the City Clerk.
(A)
The city clerk or their duly authorized representative shall collect or receive revenue
and other money for the city, and shall deposit the same daily with the city treasurer or
for the city treasurer in an account or accounts maintained by the city treasurer in a
depository or depositories. The city clerk or their duly authorized representative shall
maintain a general accounting system for the city government. They shall have such
powers, duties, and functions as may be prescribed by applicable law or by ordinance.
§1-3-3. City treasurer.
(A)
Within the department of finance, there shall be a city treasurer, who is an officer of
the city and who shall be appointed by the council for an indefinite term. The same
person may hold both the office of city clerk and the office of city treasurer; that is,
the council may appoint as city treasurer the same person whom the manager has
appointed as city clerk, and vice versa.
§1-3-4. Duties of the city treasurer.
(A)
The city treasurer shall deposit daily all funds coming into their hands in such
depositories as the council may designate; and shall disburse such funds in the manner
provided by applicable law or ordinance. They shall have such other powers, duties,
and functions as may be prescribed by applicable law or ordinance.
Article 4. Police Department
§1-4-1. Police Department: Chief of Police, etc.
(A)
There shall be a police department, the head of which is the chief of police appointed
by the city manager for an indefinite term, and removable by the manager. The chief
of police is an officer of the city, and has supervision and control of the police
department. All policemen are officers of the city.
§1-4-2. Duties.
(A)
It is the duty of the police department to apprehend and arrest on view or on warrant
and bring to justice all violators of the ordinances of the city; to suppress all riots,
affrays, and unlawful assemblies which may come to their knowledge, and generally
to keep the peace; to serve all warrants, writs, executions, and other processes properly
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directed and delivered to them; to apprehend and arrest persons violating federal or
state law as provided by law, and to turn them over to proper authorities; and in all
respects to perform all duties pertaining to the officers of policemen. The police
department has charge of and operates the city jail.
§ 1-4-3. Police department, chief of police and policemen; educational requirements.
(A)
No person shall receive a permanent appointment as a police officer in the City of
Jenks unless:
(B)
(C)
(1)
Take the Minnesota Multi-Phasic Personality Inventory or its equivalent (as
determined by the Council on Law Enforcement Education and training); and,
(2)
They have been awarded a certificate attesting to their satisfactory completion
of a basic police course of not less than one hundred sixty (160) hours of
accredited instruction from the Southwest Center for Law Enforcement
Education or a curricula or course of study approved by the Southwest Center
for Law Enforcement Education.
Every person who is not the holder of such certificate and is duly appointed as a police
officer, shall be appointed to such position on a temporary basis only, and shall, within
one (1) year from the date of appointment, qualify as required in subsection (A) or
forfeit such position. Appointed chiefs of police shall meet the requirements of
subsection (A) within the first twelve (12) months after assuming the duties of the
office to which they are appointed.
Every person who is employed as a permanent police officer prior to July 1, 1968, or
is retired under provisions of Title 11, Oklahoma Statutes, shall enjoy the privilege of
certification as afforded by this section.
§1-4-4. Volunteers or Reserves authorized.
(A)
The police department may use reserve officers as provided in the City Council's
annual budget. The chief of police shall propose rules and regulations for the organization and use of said volunteers or reserves as may be approved by the City Council.
§ 1-4-5. Use of Jenks Police Officers Other Jurisdictions.
(A)
Regular members of the Jenks Police Department may serve as police officers in
another municipality upon request of the mayor or his designee or chief of police or
his designee of such requesting municipality.
(B)
The Jenks City Manager shall have authority to direct the use of regular members of
the Jenks Police Department by another municipality. The Chief of the Jenks Police
Department shall, upon the unavailability of the Jenks City Manager, have authority to
allow the use of such police officers. In the event the Chief of Police of the Jenks
Police Department has authorized such use, he shall promptly notify the City Manager
of the same upon his availability.
(C)
The Mayor, City Manager or Chief of Police of the City of Jenks may make request of
other municipalities for use of their police officers. If practical, the City Manager shall
be consulted prior to such request and informed of the same as promptly as possible.
(D)
The request of another jurisdiction for use of Jenks police officers may be granted
where it appears the requesting jurisdiction has a substantial need for the same and
that the use of said officers will not leave the City of Jenks unreasonably short of
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police officers to fulfill the need for preservation of peace in the City of Jenks.
(E)
In the event Jenks police officers are used in another municipality or in the event
officers from other municipalities are used in Jenks, the police officers shall have the
same powers and duties as though employed by the municipality where such duties are
performed, except that salaries, insurance and other benefits shall be provided in their
regular manner by the municipality in which the police officers are regularly
employed. (Ord. #643, enacted June 1, 1987.)
Article 5. Fire Department
§1-5-1. Fire Department. Chief of the fire department, etc.
(A)
There shall be a fire department, the head of which is the chief of the fire department,
or fire chief, appointed by the city manager for an indefinite term, and removable by
the manager. The chief of the fire department is an officer of the city, and has
supervision and control of the fire department.
(B)
Employment and promotions in the fire department will be based to a degree on ability
to successfully score and qualify on an objective recognized test.
(C)
Employment qualifications for fire fighters are as follows:
(1)
(2)
(3)
(4)
(5)
(6)
Must be between twenty-one (21) and thirty five (35) years of age;
Must be high school graduate or have G.E.D. certificate;
Must have or be able to qualify for a commercial chauffeur's license;
Must be able to pass a physical examination (city's choice of doctor);
Must be certified as an E.M.T. within one year of employment.
Must have an insurable driving record.
§1-5-2. Duties.
(A)
It is the duty of the fire department, among others, to extinguish fires; to rescue
persons endangered by fire; to resuscitate, and to administer first aid to, persons
injured in or about burning structures, or elsewhere in case of an emergency to
promote fire prevention; and unless otherwise provided, to enforce all ordinances
relating to fires, fire prevention, and safety of persons from fire and explosions in
theaters, stores, and other public buildings.
§1-5-3. Duties of the fire chief.
(A)
The chief as head of the department shall be subject to the laws of the State of
Oklahoma, ordinances of this city, and the rules and regulations herein adopted. The
chief shall be held responsible for the general condition and efficient operation of the
department, the training of members, and the performance of all other duties imposed
upon him.
(B)
The chief may inspect or cause to be inspected by members of the department, the fire
hydrants, cisterns and other sources of water supply at least twice per year.
(C)
The chief shall maintain a library or file of publications on fire prevention and fire
protection and shall make use of it to the best advantage of all members.
(D)
The chief shall make every effort to attend all fires and direct the officers and
members in the performance of their duties.
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(E)
The chief shall see that the citizens are kept informed on fire hazards in the
community and on the activities of the department.
(F)
The chief shall see that each fire is carefully investigated to determine its cause, and in
the case of suspicion of arson shall notify proper authorities and secure and preserve
all possible evidence for future use in the case.
§1-5-4. Assistant chief.
(A)
In the absence of the chief, the assistant chief on duty shall command the department
and be held responsible therefore in all respects with the full powers and
responsibilities of the chief.
§1-5-5. Company officers.
(A)
The company officers shall be selected upon their ability to meet the following
requirements:
(1)
(2)
(3)
(4)
§1-5-6.
(A)
Their knowledge of fire fighting;
Their ability to lead men;
Their knowledge of firefighting equipment.
Performance on an objective test.
The secretary treasurer.
One (1) member elected by the fire department shall be secretary-treasurer. Their
duties shall consist of the following:
(1)
(2)
(3)
Calling the roll at the opening of each meeting;
Keeping the minutes of each meeting;
Collecting any money due the department by the members.
§1-5-7. New members.
(A)
appointment.
All new members shall be on probation for one (1) year after their
§1-5-8. Authorizing volunteers.
(A)
The fire department may use reserve firefighters as provided in the City Council's
annual budget. The fire chief shall propose rules and regulations for the organization
and use of said volunteers as may be approved by the City Council. The rules of the
department shall include:
(1)
All volunteer fire fighters are required, when notified, to respond to alarms of
fires and other emergencies.
(2)
They are required to be present at all regular meetings, call meetings and
schools presented for the benefit of the fire fighters.
(3)
There shall be at least one (1) regular business meeting each month.
(4)
Any volunteer fire fighter having two (2) unexcused absences in succession or
three (3) unexcused absences in a period of three (3) months will be dropped
15
from the fire department rolls.
(5)
Volunteer fire fighters leaving town for an extended period of time will be
required to notify the chief.
(6)
Any volunteer member of the fire department shall be dropped from the rolls
for the following offenses:
a.
b.
c.
d.
e.
any act of insubordination;
conduct unbecoming a fire fighter;
any violation of rules and regulations governing the fire department;
neglect of duty;
conviction of a felony.
§1-5-9. Charges for runs outside the city.
(A)
Any contract entered into by the City of Jenks with an individual owner, firm, private
corporation or association for fire protection outside the corporate limits of said city,
shall provide for the payment therefore by said owner, firm, private corporation, or
association
to the City of Jenks as follows:
(B)
(1)
For the attendance of the company of the apparatus and personnel first to
report to the fire, such owner, firm, private corporation or association shall
pay to the City of Jenks the sum of three hundred seventy five dollars
($375.00) for the first hour of attendance, or any portion thereof, provided
that, if such company shall attend the fire for a period longer than one (1)
hour, then for the attendance of such company for the period in excess of such
hour, such owner, firm, private corporation or association shall pay to the city,
for such excess period, a sum of money computed at the rate of three hundred
dollars ($300.00) per hour.
(2)
For the attendance of any additional company of fire apparatus and personnel,
and for the period of such attendance, such owner, firm, private corporation or
association, shall pay to the City of Jenks therefore a sum of money computed
at the rate of three hundred dollars ($300.00) per hour. (Amended Ord. #628,
Nov. 3, 1986)
The total amount earned by the attendance of any and all such apparatus and personnel
shall be paid to the city clerk at the City of Jenks, and said total amount so paid shall
be credited to the general fund of the City of Jenks.
§1-5-10. Authority to dispatch equipment outside city limits.
(A)
Nothing in this chapter shall prohibit the chief of the fire department, or his assistant
on duty, from dispatching fire or other emergency equipment outside the corporate
limits of the City of Jenks, Oklahoma.
§1-5-11. Charges for fire runs within the City.
(A)
For the attendance of the Jenks Fire Department apparatus and personnel to a fire
within the Jenks City limits, such owner or occupant of the premises on which the fire
is located shall pay to the City of Jenks the sum of two hundred fifty dollars ($250.00)
for the first hour of attendance, or any portion thereof, provided that, if such company
shall attend the fire for a period longer than one (1) hour, then for the attendance of
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such company for the period in excess of such hour, such owner or occupant shall pay
to the city, for such excess period, a sum of money computed t the rate of two hundred
dollars ($200.00) per hour.
(B)
For the attendance of any additional company of fire apparatus and personnel, and for
the period of such attendance, such owner or occupant shall pay to the City of Jenks
therefore a sum of money computed at the rate of two hundred dollars ($200.00) per
hour.
(C)
The total amount earned by the attendance of any and all such apparatus and personnel
shall be paid to the city clerk at the City of Jenks, and said total amount so paid shall
be credited to the general fund of the City of Jenks.
(D)
That in the event the owner and/or occupant responsible for said fire run charges has
secured all payments allowable under any type of insurance policy or has collected all
or a part of the costs of the fire runs from a third party responsible for the fire loss, and
has paid the same over to the Jenks City Clerk toward satisfaction of said charges, said
owner and/or occupant may make application to the Jenks City Council to waive any
balance of the fire run charges. Such application shall contain a sworn statement that
the applicant has filed such charges with all insurance companies insuring the
property, if any, and that all reimbursement or payment by said insurance companies
has been paid over to the Jenks City Clerk, and that no further payments are due under
the policies. Further, that if a third party is responsible for the fire loss that suit, where
practical, has been instituted and the recovery, if any, on the same has been paid over
to the Jenks City Clerk. And, further, that the payment of any balance due the City of
Jenks would work a hardship on the applicant. Upon compliance with the terms of the
application for waiver, the Jenks City Council shall waive any balance due for said
fire runs. (Added Ord. #628, Nov. 3, 1986
Article 6. Legal Department
§1-6-1. Legal Department: City Attorney
(A)
There shall be a legal department, the head of which is the city attorney appointed by
the city manager for an indefinite term, and removable by the manager. The city
attorney is an officer of the city, and has supervision and control of the department of
law. The city attorney shall be a licensed attorney at law.
§ 1-6-2. Same: Duties.
(A)
The city attorney is the chief legal adviser of the council and all other officers,
departments, and agencies of the city government in matters relating to their official
powers and duties. He represents the city in proceedings in the courts, and performs all
services incident to his position which may be required by law or ordinance.
Article 7. Public Works Department
§1-7-1. Public works department: Director, etc.
(A)
There shall be a public works department, the head of which shall be the director of
public works. The city manager shall be ex officio director of public works unless he
appoints another to be director of public works. The director is an officer of the city,
and has supervision and control of the public works department.
17
§1-7-2. Same. Duties, divisions.
(A)
(B)
The public works department shall have the following duties insofar as the city
performs these functions by its own forces (and not by contract.)
(1)
To improve, maintain and clean streets, including alleys and other public
ways, bridges and sidewalks; to install and maintain street lights, trafficcontrol signals and devices; to erect and maintain street name signs; and to
supervise the use of streets by privately owned utilities.
(2)
To improve, maintain and operate the water system and the storm and sanitary
sewer systems.
(3)
To maintain and operate all parks, playgrounds, swimming pools and other
recreational facilities and programs operated by the city.
(4)
To maintain and operate all cemeteries administered by the city.
(5)
To perform such other functions relating to the construction, maintenance,
repair, improvement and operations of the physical facilities owned or used by
the city government as the city manager may prescribe consistent with law
and ordinance.
(6)
To enforce, upon the adoption by the city council of ordinance referring to
specifications or standards pertaining to matters which the city has power to
regulate, such specifications and guidelines as may be necessary in the
construction, improvement and maintenance of buildings, sewers, streets,
sidewalks, and their appurtenances or other public works, within the City of
Jenks. These specifications shall include, but be not limited to the FHA and
VA guidelines currently in effect as applicable.
(7)
To collect and dispose of garbage and other refuse as provided by this code.
There shall be such divisions within the public works department as the city manager
or the council may create, with such appropriate titles and with such powers and duties
of the department as may be assigned to the respective divisions. The head of a
division may have an appropriate title such as chief, superintendent, sexton, etc. (Ord.
255)
Article 8. Protective Inspections Department
§1-8-1. Protective inspection department. Building official.
(A)
There shall be a department of protective inspections, the head of which is the
building official. The city manager shall be ex officio building official unless he
appoints another to be building official. The building official, otherwise sometimes
called the building inspector, is an officer of the city, and has supervision of the
building inspection department, including the electrical inspector, the plumbing
inspector, mechanical inspector, and/or any other inspectors and assistant inspectors
appointed in the department.
§1-8-2. Same. Duties.
(A)
The protective inspections department shall inspect buildings, plumbing, electrical,
mechanical installations, and other installations as may be provided by law or
18
ordinance.
Article 9. Health Department
§1-9-1. Cooperative Health department. Director.
(A)
The cooperative health department of the county and its director shall have the powers
and duties of a city health department and city health officer respectively for the City
of Jenks. References to health department and health officer or director of the health
department in this code and in other ordinances of the city shall be deemed to mean the
cooperative health department and its director, unless the context clearly indicates
another meaning.
Article 10. Library Department
§1.10-1. Reserved for future use.
Note: The city has and is now served by the city-county library service. For state law relating
to libraries, see Oklahoma Statutes, Title 65.
Article 11. Civil Defense
§1-11-1. Short title.
This article shall be known as the Civil Defense Ordinance of the City of Jenks, Oklahoma.
§1-11-2. Definitions.
(A)
As used in this article, the following terms shall be construed as follows:
(1)
"Civil Defense" means the preparation for and the carrying out of all
emergency functions other than functions for which primary responsibility is
assigned elsewhere by federal, state, or local law or ordinance, to protect the
public peace, health, and safety, and to preserve lives and property, in the City
of Jenks, Oklahoma, during any emergency resulting from enemy attack,
sabotage, or other hostile action, or from any flood, drought, fire, hurricane,
earthquake, storm, or other catastrophe in or near the City of Jenks,
Oklahoma, and involving imminent or actual peril to life and property in the
City of Jenks, Oklahoma. These functions include administration,
organization, planning, recruiting, training, education, information, welfare
service, relief service, police service, warden service, fire service, rescue
service, medical service, health service, transportation service,
communications service, streets and sewers service, utilities service, general
engineering service, plant protection service, supply service, mutual aid,
mobile support, evacuation, and all other functions necessary or incidental to
the preparation for and carrying out of the fore-going functions.
(2)
"Enemy-caused emergency" means any state of emergency caused by actual
or impending attack, sabotage, or other hostile action anywhere within the
United States, and involving imminent peril to lives and property in the City
of Jenks, Oklahoma. Such emergency shall be deemed to exist only when the
mayor of the City of Jenks, Oklahoma, shall so declare by public
proclamation. Such emergency shall be deemed to continue to exist until the
foregoing mayor shall declare its termination by public proclamation, or until
the governing body shall declare its termination by resolution.
19
(3)
"Natural emergency" means any state of emergency caused by any actual or
impending flood, drought, fire, hurricane, earthquake, storm, or other
catastrophe in or near the City of Jenks, Oklahoma, and involving imminent
peril to lives and property in the City of Jenks, Oklahoma. Such emergency
shall be deemed to exist and to be terminated under the same conditions as
prescribed for an enemy-caused emergency.
§1-11-3. Director, etc., established.
(A)
There is hereby established within the executive branch of the city government of the
City of Jenks, Oklahoma, the civil defense administration.
This office shall consist of:
(1)
The city manager for carrying out the civil defense pro-gram of the city. He
shall coordinate the activities of all organizations for civil defense within the
city, and shall ) A director of civil defense, who shall be appointed by the city
manager of the City of Jenks, Oklahoma, and shall serve at his pleasure or
until the repeal of this article. The director shall be the executive head of the
office of civil defense, and shall be responsible maintain liaison with and
cooperate with civil defense agencies and organizations of other governmental
units both within and without the State of Oklahoma, and of the Federal
Government, and shall have such additional authority, duties, and
responsibilities as may be authorized under this article or amendments thereof.
(2)
Such other volunteer civil defense advisory committees as may be created by
the director, for the evaluation of technical, professional, or other phases of
the work of the office of civil defense; and which may provide advisory
assistance on any matters pertaining to the city's civil defense.
§1-11-4. Office; furniture, etc.
(A)
Appropriate office space, furniture, equipment, and supplies as required shall be
provided for the office of civil defense. Expenditures for these purposes, within the
appropriations therefore, shall be made only as provided by ordinance for purchasing
for the city. The director shall also, within the appropriations therefore, establish a
primary and one (1) or more secondary control centers, as he deems necessary to serve
during an enemy-caused or a natural emergency.
§1-11-5 Director's duties
(A)
The director shall have general direction and control of the office of civil defense, and
shall be responsible for carrying out the provisions of this article. In so carrying out
the provisions of this article, the director is expressly authorized to cooperate, insofar
as permitted by other appropriate legislation, with the federal government, the
government of Oklahoma and its subdivisions, with other states and their subdivisions,
and with private agencies, in all matters pertaining to civil defense in Jenks,
Oklahoma.
§1-11-6. Powers prior to an emergency.
(A)
Prior to an emergency as defined in this article, the director shall have the following
powers:
20
(1)
To make, amend, and rescind the necessary orders, rules and regulations to
carry out the provisions of this article within the limits of the authority
conferred upon him herein, with due consideration to be given to the plans and
powers of the federal organizations empowered to act in either enemy-caused
emergencies or natural emergencies, or both.
(2)
To prepare comprehensive plans for the civil defense of the city in both
enemy-caused and natural emergencies, such plans and programs to be integrated and coordinated with the plans and programs of the federal
government, of the government of Oklahoma, and of other public and private
agencies and organizations empowered to act in either enemy-caused or
natural emergencies or both.
(3)
To establish, within the limits of funds available, a public warning system,
composed of sirens, horns, or other acceptable warning devices.
(4)
To establish and carry out recruitment and training programs as may be
necessary to develop an adequate, qualified civil defense volunteer Corps.
(5)
To conduct drills, exercises, and similar programs as may be necessary to
develop a well-trained, alert, fully prepared civil defense organization.
(6)
To make such studies and surveys of the industries, resources and facilities of
this city as he deems necessary to ascertain its capabilities for civil defense,
and plan for the most efficient emergency use therefore.
(7)
On behalf of the City of Jenks, Oklahoma, to enter into mutual-aid
arrangements with surrounding communities, subject to the approval of the
city council.
(8)
To delegate any administrative authority vested in him under the article, and
to provide for the sub-delegation of any such authority.
(9)
To take any other action proper and lawful under his authority to prepare for
either an enemy-caused or natural emergency.
§1-11-7. Powers during an enemy-caused emergency.
(A)
In the event of any actual enemy-caused emergency, as proclaimed by the mayor of
the City of Jenks, Oklahoma, the director of civil defense, with the approval of the
mayor, may exercise during such emergency, the power to enforce all rules and
regulations relating to civil defense, and acting under the authority of statutes, now in
force or to be enacted, or under the authority of the mayor as an agent of the Governor
of the State of Oklahoma, may take control of all means of transportation and
communications, all stocks of fuel, food, clothing, medicine, and supplies, and all
facilities including, buildings and plants, and exercise all powers necessary to secure
the safety and protection of the civilian population. In exercising such powers, he shall
be guided by regulations and orders issued by the federal government and the
Governor of the State of Oklahoma relating to civil defense and shall take no action
contrary to orders which may be issued by the Governor under similar emergency
powers.
§1-11-8. Powers during a natural emergency.
(A)
In the event of any natural emergency as proclaimed by the mayor of the City of
21
Jenks, Oklahoma, the director of civil defense, with the approval of the mayor and
acting under his instructions, shall coordinate in every way proper the activities of the
civil defense organization. He is specifically charged in such emergency with
collection, evaluation and dissemination of information to all agencies, both public
and private, participating in the city's civil defense organization or cooperating in any
such emergency. He shall, as director, have the power to recommend appropriate
action, but he shall not otherwise have control of the participating agencies. He shall
also recommend to the mayor the allocation of any funds received from the federal or
state governments or from any other source to alleviate distress and aid in restoring
normal conditions.
§1-11-9. Liability.
(A)
Neither the City of Jenks, Oklahoma, nor any officer or member of the civil defense
organization provided for in this article shall be liable for personal injury or property
damage sustained by any person appointed or acting as a volunteer civil defense
worker or member of any agency engaged in civil defense activity prior to or during
either an enemy-caused or natural emergency. Nor shall the city or any such officer or
member be liable for the death or injury of any persons, or damage to property,
resulting from such civil defense activity prior to or during either an enemy caused or
natural emergency.
§1-11-10. May accept gifts.
(A)
Whenever the federal government or the State of Oklahoma, or any person, firm or
corporation shall offer to the City of Jenks, Oklahoma, any services, equipment,
supplies, materials or funds by way of gift, grant or loan for purposes of civil defense,
the mayor may accept such offer and may authorize the director of civil defense to
receive same subject to the terms of the offer and the rules and regulations, if any, of
the agency making the offer.
§1-11-11. Penalty.
(A)
Any person, firm or corporation who violates any provisions of this chapter shall be
guilty of an offense, and upon conviction, shall be fined in any sum not to exceed one
hundred dollars ($100.00), plus court costs, and/or up to thirty (30) days in jail. Each
day's continuation of any such violation shall be deemed a separate offense.
Article 12. Personnel
§1-12-1. Officers and employees: Number and classes, compensation.
(A)
The council, by motion, resolution or ordinance may regulate the number and classes
of offices and positions of employment in the various departments, offices and
agencies of the city government, and may determine or regulate the compensation to
be paid to officers and employees. Compensation not other-wise provided for shall be
at the prevailing minimum wage rate.
(B)
Neither the municipal judge nor any other officer or employee of the city government
may receive as compensation any fee of any kind except as may be specifically
provided by ordinance passed hereafter; and all fees and other money collected for the
city by an officer or employee shall be paid to the city clerk to be deposited as
provided by law.
§1-12-2. Certain personnel to be bonded.
22
(A)
Before entering upon their official duties, the following personnel of the city
government shall provide bonds for the faithful performance of their official duties,
payable to the city, with a surety company authorized to operate within the state, in the
amounts respectively indicated after their titles:
(1)
(2)
(3)
(4)
(5)
(6)
City manager, $10,000.00.
City clerk, $2,000.00.
City treasurer, $25,000.00.
City clerk and city treasurer in case same person holds both offices,
$27,500.00.
Water department clerk, $10,000.00.
Municipal court clerk, $2,000.00.
(B)
The council, by motion or resolution, may require other officers and employees in
such positions as it may designate to be bonded, also by motion or resolution may
increase the amount of the bonds for the personnel listed in subsection (A)
hereinabove; and also may provide for blanket bonds for city personnel.
(C)
The City shall pay the premiums on said bonds.
Article 13. Personnel Policies
§1-13-1. Purpose.
(A)
It is the purpose of these rules and regulations to define and give effect to the
provisions of the personnel policies of the City of Jenks. These policies should provide
a better understanding for all city personnel of the rules and regulations and assure a
fair and consistent application. It is the responsibility of the city council to develop
and the responsibility of the administration to communicate and administer these
policies and procedures.
§1-13-2. Administrative Rules.
(A)
Nothing in this Article shall limit the authority of the city manager to make other
administrative rules which further define and implement the provisions of this article.
§1-13-3. Statement of Policy
(A)
This document shall be construed as the declaration of a policy by the
city and shall not be construed as a contract with any employee or as creating any debt
or obligation on the part of the city.
§1-13-4. Application of policy and definitions.
(A)
These personnel rules and regulations apply to all city employees which include:
(1)
Probationary employee. A newly appointed employee who has not completed
the designated probationary period;
(2)
Permanent employee. An employee who has completed their probationary
period and who works on a regular schedule throughout the year as required
by job description.
(3)
Temporary employee. An employee who works either on a regular or part
23
time basis for a limited period of time (not to exceed one year.) Temporary
employees will not receive paid leave or other elements of the city fringe
benefit package.
§1-13-5. Eligibility for employment.
(A)
The city will develop whatever recruitment programs deemed necessary to seek out
and secure the most qualified individuals to fill positions available within the city.
Eligibility will be based on merit and fitness and qualifications established for the
particular position that is open. No person shall be favored or discriminated against
because of age, race, sex, political or religious affiliations, national origin or ancestry
in any manner involving employment; including recruitment, advertising,
appointment, lay-off, termination, promotion, demotion, transfer, compensation,
training and selection for training or any other terms, conditions or privilege of
employment.
§1-13-6. Selection.
(A)
The method of selection will be determined by the department head when the vacancy
occurs. It will not be limited to, but may include, oral interviews, written or physical
examinations, rating of work experience or training, performance of work samples, or
any combination of these methods that the department head feels relevant to
determining the most qualified applicant for the position. A department head shall
require a medical examination by a medical doctor designated by the city for purposes
of determining fitness for a particular position. The final approval and appointment of
employment will be made by the city manager and no new employee shall begin work
prior to approval of the city manager. The department head will be responsible for
informing all applicants of the final selection and may maintain an eligibility list, if
they deem it desirable.
§1-13-7. Employment requirements.
(A)
Any person shall be considered for employment with the City of Jenks in accordance
with the following:
(1)
Meets the qualifications established for the position;
(2)
Is physically fit to perform the required duties of the position;
(3)
Has not pled guilty to, or been convicted of, a felony which would indicate
unfitness for city employment;
(4)
Does not have a record of previous unsatisfactory service in city employment
or elsewhere of such a nature to demonstrate unsuitability for employment in
the position for which applied.
§1-13-8. Promotions.
(A)
All vacancies that occur within the city that are considered promotional opportunities
will be posted on city bulletin boards at various locations for five (5) working days
prior to the acceptance and consideration of outside applicants. All city employees that
are not on a probationary period and meet the qualifications of the specific job
opening are eligible to apply with the department head where the vacancy occurs.
Selection methods will be at the discretion of the department head. All employees that
are selected for a promotional position will serve a three (3) month probationary
24
period. A performance review will be conducted after six (6) weeks and ten (10) days
prior to the end of the probationary period, the department head will make a written
report of recommendation to the city manager. The city manager will make a final
approval and appointment. A "promotion" is deemed to mean a move to a position or
classification having a higher basic salary, usually with an immediate increase in
salary or wages and greater job responsibility.
§1-13-9. Demotions.
(A)
A department head may reduce the salary of an employee or demote an employee to a
lower grade subject to the approval of the city manager. A written statement of the
reasons for any such action shall be furnished to the employee and the city manager at
least five (5) days prior to the effective date of the action. An employee may be
demoted as a result of reduction in work force, by employee request, job evaluation, or
as a result of unsatisfactory performance during a promotional probationary period.
Final approval of the demotion rests with the city manager. A "demotion" is deemed
to mean a move of an employee to a position or classification having a lower basic
starting salary or range and lesser job responsibility.
§1-13-10. Probationary period.
(A)
The probationary period is a trial period considered as part of the selection process
during which a new employee is required to successfully demonstrate his ability to
perform the duties required of his position. The probationary period for all city
employees will be six (6) months, except in the case of Police Officers and
Firefighters, where the probationary period will be twelve (12) months. A
performance evaluation will be made midway and at the conclusion of the
probationary period. At least ten (10) days prior to the end of the probationary period,
a report of recommendation for employment will be submitted to the city manager for
final approval. Probationary employees may be dismissed from city service without
recourse to appeal. (Amended Ord. #434, June 7, 1982.)
§1-13-11. Standards of conduct.
(A)
As a member of the city's organization and in the course of providing a public service,
there are some general responsibilities, regulations and standards of conduct that are
particular to public service:
(1)
Attitude: Every city employee is reviewed as a representative of the city
government and should display loyalty, courtesy and helpfulness whether they
are receiving criticism or answering a question. An employee's attitude is a
reflection upon the city's service.
(2)
Personal appearance: Personal appearance is important. Employees will dress
in a manner that creates a good impression upon the people he serves.
(3)
Use of city property: Employees are expected to use and operate city property
in a careful and safe manner; responsibility for city property is a part of every
employee's job.
(4)
Gift or gratuity: No employee shall accept money or other valuable
considerations given with the intent of influencing the employee in the
performance of his official duties; nor shall he use his official position for any
means of private gain or benefit.
25
(5)
Outside employment: Employees of the city may be self-employed or take
occasional part-time jobs, if in the opinion of their department head there is no
conflict with working hours, the employee's efficiency in his city work, or
conflict with the interests of the city. The employee must get the approval of
his department head before accepting outside employment or venturing into
his own business. Employees of the city may not engage in outside
employment for business activities under any circumstances while on duty,
nor may city property be used for any reason other than city functions.
(6)
Political activity: Employees are prohibited by City Code from attempting to
"influence the nomination, election or defeat of any candidate for councilman;
provided this shall not prohibit the ordinary exercise of one's right to express
his opinion and to vote."
§1-13-12. Attendance.
(A)
Attendance shall be in accordance with the rules and policies of the city. All
departments shall submit attendance and leave records to the city manager's office:
(1)
Working hours: Normal working hours for regular city employees shall be
from 8:00 A.M. to 5:00 P.M. Monday through Friday provided however that a
department head may, with the approval of the city manager, set different
normal hours for his or her department. Each employee is entitled to one
fifteen minute break during their first four hours of the day and one fifteen
minute break during the second four hours of the day, the time of these breaks
to be determined by each department head. Each employee with the exception
of policemen and firemen are allowed a one hour lunch break, the time of
which shall be determined by the department head in those cases that require
staggered lunch hours. Policemen work a continual eight hour shift and
therefore are allowed a thirty minute lunch break to be taken during their
normal tour of duty. Firemen may take up to one hour for lunch during their
normal work hours. Such time will be considered as on duty time while
firemen are under the direct authority of the fire chief or his designee. Those
departments that require shift coverage will have shift hours assigned or a
schedule determined by the department head. A normal work week for regular
full-time employees shall be forty (40) hours. Police officers work forty (40)
hours per week and are subject to twenty-four (24) hour call-back when not on
duty. Firefighters average fifty-six (56) hours per week and are subject to
twenty-four (24) hour call back.
(2)
Overtime: Any hours worked over the regular assigned work schedule will be
computed as overtime. Overtime compensation can only be accrued with
prior-approval of the city manager. Overtime compensation can occur in the
form of pay or equivalent time off, at the discretion of the department head.
The department head will explain the form of overtime compensation to the
employee prior to its occurrence. Overtime compensation, if it occurs in the
form of time off, must be expended within ninety (90) days from which it is
accrued or by special permission of the department head may be carried past
the ninety (90) day limit. Overtime or compensatory time shall either be paid
at one and one half (1 1/2) times the regular hourly base rate or be given
equivalent one and one half (1 1/2) time off. Department directors shall not be
allowed overtime or comp. time.
(3)
Absence: An employee absent from his regular work schedule for three
consecutive days without authorization for leave given by his department head
26
will be automatically dismissed from city employment. Employees who abuse
break periods of normal working hour periods shall have unauthorized time
off deducted from their salaries.
(4)
Holidays: All regular city employees will be entitled to the following
holidays:
New Year's Day
Thanksgiving Day
Memorial Day
Friday after Thanksgiving Day
Independence Day
Christmas Day
Labor Day
Day before Christmas
Veteran's Day
Good Friday
Martin Luther King Day (added Ord. #972, 9-21-98)
If a holiday should fall on a Saturday, it will be observed the preceding
Friday. If a holiday falls on a Sunday, it will be observed the following
Monday. Any employee who works shifts or is requested by the department
head or city manager to work on a holiday shall receive compensation at his
regular rate of pay and shall receive an alternate day off.
§1-13-13. Vacation leave.
(A)
A regular full-time employee begins to accumulate vacation leave upon completion of
his first full month of employment:
(1)
Accrual. Vacation leave is accrued in units of Ten Twelfths (10/12) of a
working day per month;
(2)
Expenditure. Vacation leave cannot be expended in less than one half (1/2)
day units. Vacation leave cannot be expended for more than the actual accrued
number of days earned by the employee. Holidays and other nonscheduled
work days shall not be computed in vacation leave expenditure. Such
expenditure shall be reviewed by the department head in advance;
(3)
Eligibility. A permanent employee is eligible to take ten (10) working days
accumulated vacation leave after twelve (12) months of continuous employment. Department heads shall grant leave in accordance with the work
requirements of the department and whenever possible, upon the personal
request of the employee. Request for vacation leave should be submitted at
least fourteen (14) working days in advance;
(4)
Accumulation. Vacation leave shall be extended with years of continuous
service. The accumulation schedule is as follows:
Years of Employment
1- 5
6-10
11 – over
Vacation Leave
2 weeks (10 work days)
3 weeks (15 work days)
4 weeks (20 work days)
(5)
Shifts and holidays. An employee who works shifts and holidays and
accumulates as much as three (3) weeks vacation in one year must arrange his
vacation leave schedule with the department head in conjunction with the
working requirements of the department;
(6)
Separation. Upon separation, if an employee has completed twelve (12)
27
months of continuous employment, he will be compensated for any unused
vacation leave. An employee dismissed for embezzlement of city funds, theft
or deliberate destruction of city property shall not be compensated for unused
vacation leave. All property owned by the city but furnished to the employee
for his use must be returned in usable condition, normal wear and tear
accepted, in order to qualify for compensation for unused vacation leave upon
separation;
(7)
Vacation proration formula. All departments of the city will use anniversary
date proration formula for vacation time computation.
§1-13-14. Sick leave.
(A)
A regular full-time employee begins to accumulate sick leave upon completion of his
first full month of employment:
(1)
Accrual. Sick leave is accrued in units of one (1) working day per month;
(2)
Expenditure. Sick leave can be expended in units of no less than one hour.
Any sick leave extended beyond three (3) consecutive days must be
accompanied by a physician's written statement certifying the employee's
condition or his immediate family's condition that prevented the employee
from reporting to work if deemed appropriate by the city manager. Sick leave
may not be used as vacation leave. Any abuse of sick leave is justification for
disciplinary action and possible dismissal;
(3)
Eligibility. Any employee is eligible to take sick leave for one of the following reasons:
a.
Personal illness or physical incapacity other than incurred on the job,
including medical, dental or optical diagnosis or treatment and
pregnancy;
b.
Serious illness of a member of the employee's immediate family
requiring the employee's personal care or attention. Immediate family
shall include: husband or wife, father or mother of employee, sister or
brother of employee, children or legally adopted children of husband
or wife or both or any other person whose relationship could justify
the employee's absence, providing special approval by the department
head is first obtained;
c.
Exposure to a contagious disease that in the opinion of the attending
physician could jeopardize the health of others;
(4)
Procedure. Any employee who is unable to report for work due to one of the
above reasons shall report his absence to his supervisor within one hour from
which time he is expected to report for work. Sick leave with pay will not be
allowed unless such a report is made. Any reports of absence beyond one hour
shall be granted with or without pay, at the discretion of the department head;
(5)
Accumulation. Sick leave may be accumulated to a maximum of sixty (60)
working days. An employee who consumes all the sick leave benefits for
which he is eligible, shall be placed on an inactive status, without pay if so
determined necessary by the department head and approved by the city
manager. (Amended Ord. #414, Sept. 21, 1981)
28
(6)
Separation. Upon separation, an employee will not be compensated for unused
sick leave unless such employee has accumulated sixty (60) days of sick
leave, in which event the employee shall receive either a cash payment or a
deposit to the employee's retirement account in the total sum of $500. The
reimbursement provisions of this section shall not apply to employees under
collective bargaining agreements unless so provided under such collective
bargaining agreement. (Amended Ord. #728, July 16, 1990).
(7)
Unauthorized use of sick leave. If upon investigation, the city manager or the
department head does not consider the circumstances warrant, or did not
warrant the absence of an employee, the employee shall be required to charge
the absence to vacation leave or leave without pay, rather than sick leave and
be subject to disciplinary action.
(8)
An employee who leaves City employment and returns within a one year
period is entitled to reinstatement of sick leave, if not previously compensated
for the same, and in the exact amount as was accrued prior to resignation.
Only those employees in good standing may qualify for this benefit.
(Amended Ord. #718, July 16, 1990)
§1-13-15. Occupational injury leave.
(A)
An employee who is injured as the result of an accident that occurs during the course
of performance of duty with the city and is not a result of negligence or misconduct on
the part of the employee, shall be granted injury leave and compensation. The
employee shall receive his full salary for the first three (3) days, (from date of injury)
and then a supplement to any workmen's compensation or insurance payments he
receives, to maintain him at full salary level not to exceed six (6) months. In no event
shall such employee's salary from all sources exceed his regular monthly net pay as of
the time of the injury. After the first month of leave, the city manager may require the
employee to submit to a medical examination of a medical doctor designated by the
city for the purpose of determining whether the claim of injury is proper. The city
manager may require periodical physician's statements as to the condition of the
employee. In the event an employee refuses to submit to examination by a physician
designated by the city, the refusal shall be just cause for terminating all benefits
provided by this section. After exhausting the six (6) month injury leave, with
permission from the city manager, an employee may use his sick leave benefits, not to
exceed sixty (60) days. He will be compensated on a supple-mental basis to maintain
him at full salary level. After exhausting injury leave and sick leave (with permission),
an employee may be placed on "inactive status" and be eligible to return to work when
released by his physician and a vacancy occurs at a comparable rate of pay, or he may
be terminated for disability reasons.
(B)
No benefits shall be payable under this section for any injuries occasioned by the
willful intention of the injured employee to bring about injury to himself or another, or
where the injury results directly from the willful failure of the injured employee to use
a guard or protection against accident furnished for his use or where the injury results
directly from the intoxication of the injured employee while on duty, or where the
injury results directly from horseplay, playing, or pranks engaged in by the injured
employee, alone or with others. All benefits provided by this section, except total
amount of compensation paid hereunder, shall be in addition to and separate from any
sick leave benefits.
(C)
Employees on occupational injury leave with pay shall be returned to duty at the
29
earliest practical date and may be assigned to light or limited duty by the city as
determined by the City's choice of physician and/or the city manager when the
employee's physical condition permits such assignment. Duty assignment of this type
may be made without reference to the employee's job classification or departmental
assignment.
(D)
Employees on probation shall not be eligible for occupational injury leave with pay
benefits for injuries incurred during such probationary period. Such employees shall
be entitled to all benefits provided by the Oklahoma State Worker's Compensation
Act.
(E)
In the event an employee is so injured, as described in the preceding section, it will be
the responsibility of the person directly in charge of such employee to prepare an
accident report concerning such injury, containing how, where and when the injury
occurred, together with all pertinent information available. Said report to also contain
the names and addresses of all witnesses and fellow employees that were at the scene
of said accident, and a general outline of the extent of injury sustained. All written
accident reports shall be transmitted not later than twenty four (24) hours after the
occurrence thereof.
(F)
An employee on occupational injury leave benefit cannot work for another employer
during the time he is drawing this benefit from the city.
§1-13-16. Civil Leave.
(A)
Jury and court service, legally summoned, allows an employee absence with pay for
the time actually required by such duty. If the jury service ends more than one hour
prior to the end of a regular work shift, the employee shall report immediately to the
usual place of work; otherwise, he shall report for work the next regular work period.
The employee shall present the city clerk with a receipt from the court clerk verifying
the hours of court duty. An employee subpoenaed to testify in his own case shall not
receive his regular salary but may use vacation or be granted a leave of absence
without pay for the length of service. (Amended Ord..# 1080, Oct. 6, 2003)
§1-13-17. Official Representation.
(A)
An employee may be granted leave with or without pay by the city manager for
participation in official meetings, activities, school examinations, and institutes
directly related to his work assignment or considered as being beneficial to the city's
interest.
§1-13-18. Leave without pay.
(A)
Leave without pay may be granted by the city manager for a specific period of time. It
shall only be granted when it is in the best interest of the city to do so and shall not
exceed six (6) months. At the expiration of the leave, an employee shall be reinstated
in the position he vacated, or a comparable position. Vacation and sick leave benefits
shall not be accrued during leave of absence with-out pay but may resume upon an
employee's return to work.
§1-13-19. Funeral leave.
(A)
In the event of a death of a member of an employee's immediate family (as defined
under sick leave), an employee may be granted a leave of absence with pay up to a
maximum of five (5) consecutive working days, provided one day is that of the
30
funeral.
§1-13-20. Military leave.
(A)
With pay. An employee in any reserve component of the national guard or armed
forces shall be granted fifteen (15) days military leave with pay for the purpose of
attending annual military training. This pay to be the difference between the regular
city salary and base military pay.
(B)
Without pay. An employee in any reserve component of the national guard or armed
forces who is ordered to report for "active duty" for a period of less than one hundred
eighty (180) days shall be granted military leave without pay. An employee who
entered armed services "active duty" directly from city employment shall be placed on
military leave without pay. An employee may be granted military leave without pay
for other purposes such as volunteer hours of duty or training, emergency call-ups or
state tours of duty.
(C)
Procedure. All military leave granted must be accompanied by a copy of orders to
report to duty prior to departure. An employee granted military leave shall return to
his former position or any other vacant position in the same class, if still qualified to
perform the duties of that position, at the same step of pay range occupied at the time
of departure for military service. In order to be eligible to return to city employment,
the employee must return directly from military service.
§1-13-21. Pay policy.
(A)
It shall be the policy of the City of Jenks, insofar as the city is financially able, and in
keeping with the principle of the economy of the government, that the pay rates shall
be comparable to the prevailing rates for similar work in both private industry and
other comparable public jurisdictions in the Jenks area.
§1-13-22. Classification Plan.
(A)
The classification plan shall consist of class titles and class specifications which are
approved by the City Council and from time to time amended.
§1-13-23. Pay plan.
(A)
The city manager shall recommend and the City Council shall approve a pay plan and
amend the plan from time to time in keeping with the city's effort to maintain
competitive prevailing wage rates but also in consideration of the city's financial
position and resources. The rate of pay set forth in the pay schedule are for full time
employment and represent the total salary compensation.
§1-13-24.
(A)
Entrance rate of pay.
The beginning rate for a new employee normally will be the minimum rate in the
established grade for his classification. In unusual situations, a pay rate above the
minimum rate may be set by the City Council in order to:
(1)
Recruit a superiorly qualified applicant; or
(2)
To correct salary inequities; or
(3)
To give credit for prior service;
31
(4)
Be in conformance with adopted pay plan.
§1-13-25. Step increases.
(A)
An employee shall be eligible for a pay increase to the next step in his grade as a result
of:
(1)
Performance evaluation. A step increase may be given as a result of
satisfactory performance on the anniversary date of employment or
promotion. Performance evaluations will occur on the annual anniversary date
in a format approved by the city manager. All performance evaluation step
increases will occur as a result of the review of the entire year's performance.
(Also, see §1-13-10, Probationary Period)
(2)
Outstanding job performance. In recognition of performance which exceeded
job standards in most or all areas of work measurement, the city manager may
grant an additional one step increase for an employee.
(3)
Unless approved by the City Council no employee may receive more than two
step increases during his/her anniversary year. (Amended, Ord. #434, June 7,
1982.)
§1-13-26. Grade changes.
(A)
An employee may move to a higher or lower grade classification as a result of:
(1)
Reclassification. As a result of a change in job duties or job description or
adjustment of position in accordance with the pay plan;
(2)
Promotion. When an employee is promoted to a position in a higher grade, he
shall receive compensation at the lowest step of the pay range for the class to
which he was promoted that exceeds his former rate of pay by one step;
(3)
Demotion. When an employee is demoted as a result of:
a.
Reduction in work force, employee request, etc: the employee shall
receive his regular rate of pay at the corresponding step in the lower
grade;
b.
Unsatisfactory performance during a promotional probationary
period: An employee shall be restored to the rate of pay in effect prior
to promotion;
c.
Acting supervisor: The city manager may appoint an employee as
acting supervisor, when the position becomes vacant by reason of
resignation, discharge, retirement, death or when a supervisor is
absent for an extended amount of time as a result of injury, illness or
other leave of absence. If the normal job duties are expected to be
performed by the acting supervisory employee, he is entitled to
compensation equal to the assumption of the additional duties, which
will be determined by the city manager. When the vacant position is
filled, the employee will return to his previous job classification and
rate of pay. Compensation will begin and end on the dates of
appointment. No employees shall be made "acting super-visor" until a
32
position has been vacant for a period of one month. No employee
shall continue to serve as "acting supervisor" for longer than a three
(3) month period
(4)
Transfer. When an employee, at the employee's request is transferred from
one department to another, the employee's salary shall be adjusted according
to the new classification in relation to one-half (1/2) of the time in service to
the City of Jenks. The City Manager may adjust the employee forward up to,
but not beyond, the employee's existing salary. When an employee is
transferred from one department to another at the request of the City of Jenks,
the employee's salary shall not be adjusted below the employee's current
salary prior to the transfer. (Added, Ord. #543, April 2, 1984)
(5)
Assignment to special duty. An employee may be assigned to special duty for
work that is in addition to the normal work provided in the employee's job
classification. When such work assignment is of such significance to warrant
extra compensation beyond the base pay provided in that employee's job
classification, then the same shall be considered as an assignment for special
duty. An assignment to special duty and the terms thereof, including
compensation beyond base salary and the length of the assignment, shall be
made by the City Manager with the approval of City Council. The assignment
to special duty shall expire according to the terms outlined by the City
Manager and approved by City Council, unless the same be terminated earlier
at the discretion of the City Manager. (Added, Ord. #544, April 2, 1984)
§1-13-27. Pay schedule.
(A)
A normal work week. Eight (8) hours shall constitute a day's work. The standard work
week shall be forty (40) hours, with the exception of fire personnel. Lunch and coffee
breaks shall be established at the discretion of the department head. Pay periods are
twice a month, the last and fifteenth (15) day or the closest day before those dates, if
they occur on a weekend or holiday.
(B)
Part time employees shall be paid on an hourly wage.
(C)
Overtime compensation, shall be paid during the pay period it occurs.
(D)
Pay for holidays, vacation and sick leave, shall occur within the pay period in which it
falls.
(E)
Pay for occupational injury leave. Upon report of injury and the completion of the
initial workmen's compensation report form, which must occur within twenty-four
(24) hours of the injury, then approved injury leave pay shall be given during the pay
periods in which it occurs to supplement workmen's compensation pay.
(F)
Pay for maternity leave. In accordance with maternity leave policy, maternity leave
may be granted for a period not to exceed nine (9) months and shall be leave without
pay for this period.
(G)
Civil leave pay. An employee shall be granted civil leave at the rate of his base pay.
Any compensation in the form of fees paid to the employee by the court system shall
be deducted from the employee's salary.
(H)
Official representation pay. Any employee may be granted regular pay for the purpose
of official representation at the discretion of the city manager. He may pay tuition,
33
registration fees and other expenses on an advance basis through the city clerk's office,
or he may be reimbursed for any expenses upon filing a claim form with receipts for
the expenses he has incurred.
(I)
Military leave pay. An employee may be granted fifteen (15) days full pay for
purposes of attending annual military training.
(J)
Mileage pay. In an employee uses a city vehicle, they will not be eligible for a mileage
payment. If an employee uses their own vehicle for the purpose of performing duties
directly related to their employment with the city, they may be eligible for
reimbursement up to the federal tax code rate per mile when no city vehicle is
available for their use. (Amended Ord. #757, Aug. 19, 1991) (Amended Ord. #922,
June 16, 1997) (Amended Ord. #1014, Feb. 5, 2001) (Amended Ord. #1137, Sept. 6,
2005).
§1-13-28. Separations.
(A)
Resignation. To resign in good standing, an employee must give his department head
at least fourteen (14) calendar days prior notice, unless the department head agrees to
permit a shorter period of notice. Failure to comply with this rule shall be entered on
the personnel record of the employee and can be considered cause for denying future
employment by the city and shall be termed "unsatisfactory service."
(B)
Lay-off. The city manager may lay-off an employee in the city service when he deems
it necessary by reason of shortage of work or funds. Such lay-off will not reflect
discredit upon the service of the employee. The. duties performed by an employee
laid-off may be reassigned to other employees already working who hold positions in
appropriate classes. No regular employees shall be laid-off while another person in a
competitive position is employed on a temporary basis in the same class in that
department. No temporary or permanent separation of an employee from the service
as a penalty or disciplinary action shall be considered as a lay-off.
(C)
(1)
Accrual of benefits. An employee on lay-off status shall preserve all vacation,
sick leave and seniority while on lay-off but shall accrue no additional benefit
while on lay-off;
(2)
Order of lay-off. Lay-off of employees shall be made in the order of the
current ratings determined on the basis of performance evaluation reports and
the length of service in the class and department or other organizational unit.
If it is found that two (2) or more persons in the organizational unit in which
lay-off is to be made have equal ratings, the order of lay-off in all such cases
of tie shall be in order of the date when an employee last entered the service;
(3)
Notice of lay-off. The city manager shall give written notice to the employee
of any proposed lay-off and reasons a reasonable time before the effective
date. This shall not apply to employees on temporary status;
(4)
Order of recall. An employee on lay-off status who has applied for
reemployment with the city, shall have priority for reemployment in the same
classification from which he was laid-off for a period of one year, from the
date of the lay-off or upon an employment offer, whichever comes first.
Inability to locate an employee on lay-off status by mail, within five (5) days,
shall eliminate the employee from priority for employment.
Unsatisfactory service. An employee may be separated for unsatisfactory service
34
whenever the work habits, attitude, performance of duties or personal conduct of the
employee falls below the desirable standards for continued employment. Insufficient
advance notice prior to resignation is also cause for separation for unsatisfactory
service. An employee terminated for unsatisfactory service may be eligible for
reemployment based upon review of extenuating circumstances surrounding his
termination of service by the city manager.
(D)
Dismissal. An employee may be dismissed from city employment for repeated,
deliberate or serious violation of work rules and standards of conduct. An employee
that is dismissed shall be considered definitely unsuited for city employment and not
eligible to be reemployed. The department head will document reasons for dismissal
and a copy will be put in the employee's personnel file. All dismissals must be
approved in advance by the city manager.
(E)
Disability. An employee may be separated for disability reasons whenever it becomes
impossible for an employee, through no fault of his own, to perform the tasks of his
position because of physical, mental or nervous disability. If an employee separated
for disability reasons applies for reemployment, the facts surrounding his previous
separation shall be reviewed with his department head. An employee may be eligible
for reemployment in a position when it appears highly probable that the reasons for his
disability separation will not reoccur or affect his work in a position for which he can
qualify.
(F)
Retirement. The normal retirement date for a city employee is the first day of the
month following his sixty-fifth birthday, except fire and police employees. An
employee may request an extension of employment beyond age sixty-five (65)
through his department head. Extensions will not be granted beyond the age of seventy
(70) years.
(G)
Death. Upon the death of an employee, the department head shall indicate to the city
clerk's office the last day worked and the amount of accrued leave the deceased
employee had earned. All final compensation from the city for employment shall be
paid to the estate or beneficiaries of the deceased employee.
§1-13-29. Disciplinary Action.
(A)
It is the policy of the City of Jenks to provide a high quality of service by the safe,
efficient and orderly operation of all city departments. Work rules listed below are not
intended to be all inclusive but to serve as guidelines for personal conduct and failure
to comply with them may result in disciplinary action including a warning, reprimand,
suspension, or dismissal:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Reporting late to work;
Habitual tardiness or absence;
Absence without notification;
Abuse of any leaves or other city benefits;
Falsification of records;
Loss of required license or certification;
Discourteous conduct to citizens;
Immoral, indecent or obscene conduct;
Failure to meet standards for personal appearance;
Acceptance of a fee or gift given with the intent of influencing the employee
in the performance of his official duties;
Violation of a safety rule;
Violation of any city policy or procedure or interdepartmental regulation;
35
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
Use of alcohol or drugs on the job or reporting to work under the influence of
alcohol or drugs;
Taking more than specified time for meals or breaks;
Insubordination;
Destruction, theft, or misappropriation of city property;
Repeated failure, refusal or neglect in performance of duties;
Fighting, intimidating or coercing with other employees on the job or
engaging in horseplay or scuffling or other disruptive actions;
Concealment or failure to report a significant error, mistake or unsafe working
condition or injury;
Improper use of authority by using official position for personal profit or
advantage;
Wasting time, loafing or sleeping on the job;
Removal of any city property or materials from the work premises without
proper authorization;
Violations of the provisions of this article and/or state law regarding political
activity;
Negligence, inefficiency, or incompetence in the performance of job duties;
Excessive garnishments levied against an employee's wages;
Any other just or reasonable cause.
Having a concealed handgun or concealed weapon as may be specified in
Title 21, O.S. 1272 while on City or JPWA properties or while in the course
of their employment, except Jenks police officers or upon prior approval of
the City Manager and the Chief of Police. (Added Ord. 884, Feb. 5, 1996).
(B)
Warning and reprimand. Whenever an employee's performance or conduct falls below
the city's standard of service or whenever an employee violates any of the rules and
regulations that are city policy, disciplinary action will be initiated in the form of an
oral warning and reprimand by his immediate supervisor. In situations where an oral
warning has not resulted in the correction of the condition or where severe action is
warranted, a written reprimand shall be given to the employee and a copy placed in his
personnel file.
(C)
Suspension. In those cases where two or more written reprimands have not proven to
be effective or in those cases where the seriousness of the events or conditions warrant
it, the city manager may suspend an employee without pay for such length of time as
he considers appropriate, not to exceed thirty (30) calendar days in any twelve (12)
month period. The employee shall be furnished with a written statement specifically
setting forth the reasons for suspension, and a copy of the statement placed in the
employee's personnel file. A department head may request a longer suspension period
from the city manager, pending the investigation or trial of any charge against the
employee.
(D)
Dismissal. When other forms of disciplinary action have proved ineffective or where
the seriousness of the offense or condition warrants it, a department head may
recommend dismissal of an employee for any violation of rules (listed in section (A)
(above)) or any other just and reasonable cause.
§ 1-13-30. Grievance Procedure.
(A)
All complaints and grievances which an employee may have because of any action
affecting his status or conditions of employment shall be handled as follows within ten
(10) days of occurrence:
(1)
An employee shall first discuss a grievance with his immediate supervisor in
36
an attempt to reach a satisfactory solution within five (5) days;
(2)
Any grievance not satisfactorily resolved at the supervisory level may then be
presented to the employee's department head in written form. The department
head shall review the grievance and render a written decision within five (5)
working days to the employee;
(3)
A grievance not satisfactorily resolved by the department head may be
presented in writing to the City Manager. The City Manager shall conduct an
investigation of the grievance within five (5) days after the registering of the
complaint. He shall call a meeting which will include the employee, his
immediate supervisor, the department head and other persons who are
involved in the complaint. The City Manager shall render a written decision to
the employee within five (5) days of the conclusion of the investigation.
(Amended Ordinance #395, Nov. 17,1980)
§1-13-31. Firefighter Contract.
(A)
The operation of this article shall apply in supplement to any collective bargaining
agreement approved by the City Council. In the absence of such approved agreement,
the City Manager shall establish by rule those measures which shall be operational
under this article for the Fire Department and shall submit same to City Council
according to the provisions of § 1-2-1(B).
Article 14. Firemen's Pensions
§1-14-1. Board of Trustees of Firemen's Relief and Pension Fund created.
(A)
There is hereby created a board of trustees of the Firemen's Relief and Pension Fund
of the city, with membership, organization, powers, duties, and functions as prescribed
by Title 11 Oklahoma Statues, and as may be provided by any later laws relating to
said board.
§1-14-2. Fund to be operated in accordance with laws, etc.
(A)
The Firemen's Relief and Pension Fund shall be operated in accordance with state law
relating to the fund, and pensions and other benefits shall be paid as provided by state
law.
§1-14-3. Deductions.
(A)
Commencing on January 1, 1975, the treasurer of the City of Jenks shall deduct each
pay period from the salary or wages of each paid member of the fire department an
amount equal to four percent (4%) of the salary or wages paid to the member of the
fire department. The amount so deducted shall be deposited each month by the
treasurer in the Firemen's Relief and Pension Fund.
(B)
The treasurer of the City of Jenks, shall deposit monthly from the general fund into the
Firemen's Relief and Pension Fund commencing on January 1, 1975, an amount equal
to two percent (2%) of the total salaries or wages paid members of the fire department,
and commencing on January 1, 1976, an amount equal to three percent (3%) of the
total salaries or wages paid members of the fire department, and commencing on
January 1, 1977, and thereafter, an amount equal to four percent (4%) of the total
salaries or wages paid members of the fire department. (Ord. 239)
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Article 15. 01d-Age and Survivor's Insurance
§1-15-1. Benefits of Federal O.A.S.I. to be extended to personnel
(A)
It is hereby declared to be the policy and purpose of the city to extend, at the earliest
date, to the employees and officials thereof, not excluded by law or ordinance, and
whether employed in connection with a governmental or proprietary function, the
benefits of the System of Federal Old-Age and Survivors' Insurance as authorized by
the Federal Social Security Act and amendments thereto, including Public Law 734,
81st Congress. In pursuance of said policy, and for that purpose, the city shall take
such action as may be required by applicable state or federal laws or regulations.
§1-15-2. Mayor authorized to execute agreements.
(A)
The mayor of the city is hereby authorized and directed to execute all necessary
agreements and amendments thereto with the State Department of Institutions, Social
and Rehabilitative Services, as agent or agency, to secure coverage of employees and
officials as provided in §1-15-1 hereof.
§1-15-3. Withholdings from salaries and wages.
(A)
Withholdings from salaries or wages of employees and officials for the purpose
provided in §1- 15-1 hereof, are hereby authorized to be made in the amounts and at
such times as may be required by applicable state or federal laws or regulations, and
shall be paid over to the state or federal agency designated by said laws or regulations.
§1-15-4. Appropriations for employer's contributions.
(A)
There shall be appropriated from available funds such amounts at such times as may
be required by applicable state or federal laws or regulations for employer's
contributions; which shall be paid over to the state or federal agency designated by
said laws or regulations.
§1-15-5. Records and reports.
(A)
The city shall keep such records and make such reports as may be required by
applicable state or federal laws or regulations.
§1-15-6. Employees and officers now covered by other retirement systems.
(A)
There is hereby excluded from this article any authority to make any agreement with
respect to any position or any employee or official now covered or authorized to be
covered by any other ordinance creating any retirement system for any employee or
official of the city.
§1-15-7. Employees and officers on a fee basis excluded, etc.
(A)
There is hereby excluded from this article any authority to make any agreement with
respect to any position or any employee or official whose compensation is on a fee
basis, or any position or any employee or official not authorized to be covered by
applicable state or federal laws or regulations.
Article 16.
Police Pension and Retirement System
38
§1-16-1.
Police Pension and Retirement System Created.
(A)
There is hereby created and established a Police Pension and Retirement System of the
City of Jenks, Oklahoma, as authorized, defined and provided for in the Police
Pension and Retirement Act of the State of Oklahoma. The purpose of this article is to
provide pensions and allowances and other benefits to policemen, their wives, widows
and children. All sections and provisions of the Oklahoma Statutes pertaining to the
Police Pension and Retirement Act, Title 11 of the Oklahoma Statutes and any
amendments now existing or that may be added thereto, however numbered and
designated are hereby adopted and incorporated into this article as though literally
written and restated herein.
(B)
The police pension system herein created and established by this article shall be
named and known as the "Police Pension and Retirement System of the City of
Jenks", and by such name all of its business shall be transacted, all of its funds
handled and all of its securities and other property held.
§1-16-2. Definitions.
(A)
The following words and phrases, as used in this article, unless a different meaning is
plainly required by the context, shall have the following meaning:
(1)
(2)
Police Pension and Retirement Act" or the "Act" shall mean all sections and
provisions of Police Pensions and Retirement Act, Title 11 of the Oklahoma
Statutes and amendments thereto.
"Police Pension and Retirement System" or "Pension System" or "Police
System" or "System" shall mean the Police Pension and Retirement System of
the City of Jenks as created and established by this article and the Act.
(3)
"Board of Trustees" or "Trustees" shall mean the members of the Board of
Trustees of the Police Pension and Retirement System of the City of Jenks.
(4)
"Police Officer" shall mean all policemen employed by the police department
as sworn peace officers of the City of Jenks and whose duty it is to enforce the
laws and preserve the public peace.
(5)
"Police" for the purpose of this pension system article, shall mean any police
officer or classified employee of the police department who is certified as
being eligible to participate in the police pension system by the Police Pension
and Retirement Act.
(6)
"Final Average Compensation" shall mean the final average compensation,
pay, or salary of a policeman during his last five (5) years of service with the
department, or in the case of policemen who become eligible for benefits
before completing five (5) years of service, final average compensation shall
be calculated on time served.
(7)
"City" shall mean the City of Jenks.
(8)
“Article" shall mean the ordinance set forth herein which creates, adopts and
provides for a police pension system for the police department of the City of
Jenks.
(9)
Whenever applicable, the masculine pronoun as used herein shall include the
feminine and the singular shall include the plural. (Ord. 203,§2)
39
§1-16-3. Board of trustees created; quorum, minutes.
(A)
A board of trustees for the management of said fund is hereby created consisting of
the City Clerk of Jenks, Oklahoma, together with two (2) members of the Jenks Police
Department, as a governing board, said members of the police department to be
elected in the manner and for the terms as set out in accordance with Title 11,
Oklahoma Statutes, as amended.
(B)
A majority of the members of the board of trustees shall constitute a quorum and have
power to transact business; provided, however, no funds of the police pension system
shall ever be disbursed for any purpose without a vote of the majority of all members
of the board of trustees.
(C)
A written record of the minutes of all meetings of the board of trustees shall be made
and preserved as a part of permanent pension records and shall be available for the
inspection of members.
§1-16-4. Same: Duties.
(A)
The board of trustees shall have the duty and the authority to conduct the business of
the pension plan in an orderly and lawful manner and shall protect and preserve the
pension plan funds and property, and shall hold and disburse funds, invest funds,
designate beneficiaries, conduct hearings, compel attendance of witnesses, administer
oaths, make reports, safeguard pension records, make and enforce rules and
regulations, establish age, health and physical standards jointly with the city for the
protection of the pension plan, call special meetings, make pension plan studies,
investigate payment of pensions, recommend-legislation to improve the system and
pay necessary business expenses provided that no pension funds shall be expended as
emolument or compensation to any trustee. The board of trustees shall have the power
to reject applicants for membership in the police pension system who for reason of
age, ill health, disease, deformities, physical handicaps or previous injuries cannot
pass a physical examination, the conditions of which are established jointly by the city
and the board of trustees. The board of trustees shall have the power to perform all
other acts designated in the Police Pension and Retirement Act. (Ord. 203, §4)
§1-16-5. Fund created.
(A)
By appropriations by the City of Jenks in a sum not to exceed ten percent (10%) of the
current annual salaries of the city's policemen upon an estimate of needs of said board
of trustees furnished to the board of commissioners of the City of Jenks, in accordance
with Title 11, Oklahoma Statutes, as amended.
(B)
By contributions by the policemen of the City of Jenks in accordance with Title 11,
Oklahoma Statutes, as amended, which in no event shall be less than four percent
(4%) of the individual policeman's gross annual salary.
(C)
By funds obtainable in accordance with Section 312.1(b) of Title 36, Oklahoma
Statutes 1971 as amended. ( Amended Ord. #390, Oct. 6,1980)
§1-16-6. Eligible policemen required to join fund; eligibility defined.
(A)
All policemen employed after the effective date of this article and all policemen who
are now participating members of the police pension system shall be required to join
or remain members of the pension system as a condition of initial or continued
40
employment, provided that policemen joining the pension system shall be not less than
twenty-one (21) and not more than thirty-five (35) years of age and shall successfully
pass a physical-medical examination pertaining to deformities, defects, size, weight,
eyesight, hearing and injuries. The minimum acceptable standards of the physical
examination for policemen shall be established jointly by the City of Jenks and the
board of trustees of the pension system. The board of trustees shall have authority to
order special physical examination and tests of policemen applicants considered to
have physical defects that might jeopardize pension funds and to reject police
applicants for pension membership found to be unsuitable. Policemen who have
previously withdrawn from the police pension system and who have failed to make the
continuous and agreed contributions to the pension plan shall not be eligible for
pension plan membership. (Ord. 203, §6)
§1-16-7. Contributions property of fund; conditions and amount of refund.
(A)
All contributions made under this article shall become the property of the police
pension fund as payment and in consideration for insurance protection furnished the
policeman during his service. Upon the termination of employment, and after
belonging to the police pension and retirement fund at least one (1) year, a policeman
shall be entitled to a refund of fifty percent (50%) of the amount he has contributed to
said fund. (Ord. 203, §7)
§1-16-8. Beneficiaries and expenditures.
(A)
The beneficiaries of said fund and the manner of expenditures of said fund shall be
governed solely by the provisions of Title 11 of the Oklahoma Statutes, and
amendments thereto.
§1-16-9. Regulations governing service time credit.
(A)
Service time credit for police pension and retirement benefits shall be granted only for
such time that a policeman is paid compensation by the city and serves in the police
department, and no service time shall be credited to a policeman who is absent from
police duties without pay. Service time for pension purposes shall only be granted for
such time that the policeman makes the agreed contributions to the pension fund in the
manner provided in the Act and this article. No person shall be credited with police
service time unless he is at least twenty-one (21) years of age at the time of the
service. Policemen shall not earn additional time while participating in disability
allowances or pensions. (Ord 203, §9)
§1-16-10. Examinations for disabled pensioners.
(A)
Any policeman receiving a disability pension or allowance may be examined at any
time by order of the board of trustees to ascertain his fitness and ability to perform
regular and full time police duty. (Ord. 203, §10)
§1-16-11. Service required of pensioners in grave emergencies; to serve without pay.
(A)
In the event of a grave emergency causing great danger to the City of Jenks, the chief
of police by order may recall pensioned and disabled officers to perform active police
duty in keeping with their abilities, and such pensioned policemen shall not be entitled
to pay from the City of Jenks for performance of such emergency duty. (Ord 203,§11)
41
§1-16-12. Rights of appeal.
(A)
Any person denied benefits from the police pension system by the Board of Trustees
shall have the rights of appeal provided in the act. (Ord. 203, §12)
§1-16-13. Social Security and other benefits allowed.
(A)
No provision or part of this article shall be interpreted or construed so as to prevent
any policeman from participating in the Social Security System or other retirement
programs or from receiving benefits there under. (Ord. 203, § 13)
§1-16-14. Severability.
(A)
It is the express intention of the mayor and city council of the City of Jenks that every
section and sub-paragraph contained in this article be considered as passed separately,
and that in the event any portion of this article shall be held to be unconstitutional or
invalid, that this holding shall not affect the constitutionality or validity of any other
section sub-section or part. (Ord. §203, §14)
Article 17. Retirement Programs For Employees.
§1-17-1. Adoption of the ICMA Retirement Corporation 457- Deferred Compensation Plan.
(A)
The City of Jenks hereby readopts its participation for its employees, including
employees of its related entities, in the International City Management Association's
(ICMA) Retirement Corporation 457 Deferred Compensation Plan.
(B)
The Jenks City Treasurer, or other individual(s) as may later be designated by the City
Council, is hereby designated as trustee of the ICMA Deferred Compensation Plan.
(C)
All employees of the City of Jenks and its related entities including members of the
Jenks Police and Fire Department may elect to participate in the ICMA Deferred
Compensation Plan.
(D)
Employee contributions to the plan shall be limited to the maximum allowed under
Internal Revenue Service and Treasury Department guidelines.
(E)
The excess of an employee's allotment by the City for health and dental insurance over
the actual premium cost may be retained by the employee or paid into the employee's
deferred compensation plan.
(F)
The administration of the 457 Deferred Compensation Plan shall be by the ICMA
Corporation and pursuant to the Internal Revenue Service and Treasury Department
Guidelines.
§ 1-17-2. Adoption of the ICMA 401A-Retirement Plan.
(A)
The City of Jenks hereby readopts its participation in the International City
Management Association (ICMA) 401A Retirement Corporation Governmental Plan
Document and Trust. The City Manager of the City of Jenks is authorized to enter the
Adoption Agreement for such plan and to elect the options under the plan.
(B)
All full-time employees of the City and its related entities, except police officers and
fire fighters, who are eligible for participation in the Police or Fireman's Pension
Fund, are eligible for participation in the 401A Retirement Program.
42
(C)
Those police officers or firefighters who are ineligible to join the Police or Firemen's
Pension Fund shall have the same periodic sum contributed by the City as other
employees in lieu of the City's contributions to the Police or Firemen's Pension Fund.
(D)
Commencing July 1, 1998, the City of Jenks shall contribute periodic payments of six
and eight-tenths percent (6.8%) of an employee's gross compensation, provided
however, that the City shall contribute periodic payments equal to seven and eighttenths per cent (7.8%) of the City Manager's gross compensation and that of the
Assistant to the City Manager. (Amended Ord. #1111, Oct. 4, 2004).
(E)
Contributions by the City to the ICMA 401A Retirement Plan shall not be made until
an employee has completed three (3) months employment with the City, at which time
the contributions which had accrued during the three (3) month period shall be paid
over to the ICMA 401A Retirement Plan for the employee's benefit.
(F)
Any eligible employee, except the City Manager and Assistant to the City Manager,
actively and continuously employed by City in excess of one (1) year and who ceases
to be an employee of the City for any reason other than death, disability, or retirement,
shall be entitled to the contributions in the ICMA Retirement Corporation 401A Plan.
The City Manager and the Assistant to the City Manager shall be vested with the
rights hereunder immediately upon their employment by the City of
Jenks.(AmendedOrd.#1111,Oct.4,2004).
(G)
The age of retirement for non-uniformed employees shall be the age of fifty-five (55)
or the age the employee attains on his or her next birthday, whichever is older.
(H)
The administration of the ICMA Retirement Corporation 401A Plan shall be pursuant
to the terms and provisions of the administrative agreement entered into by the City of
Jenks with the ICMA.
Article 18. Continuity of City Government in an Emergency.
§1-18-1. The line of succession
(A)
The line of succession to be used in establishing the government head of the City of
Jenks, Oklahoma, in the event of an emergency created by enemy attack, shall be as
follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Mayor of the City of Jenks, Oklahoma.
Vice-Mayor of the City of Jenks, Oklahoma.
City Councilmen of the City of Jenks, Oklahoma in the following order:
Member at Large, Ward 1, Ward 2, Ward 3, Ward 4, Ward 5 and Ward 6
City Manager of the City of Jenks, Oklahoma.
Assistant City Manager of the City of Jenks, Oklahoma.
Civil Defense Director of the City of Jenks, Oklahoma.
Assistant Civil Defense Director of the City of Jenks, Oklahoma
Director of Public Works
Article 19. Collective Bargaining
§1-19-1. General Provisions.
(A)
Policy
43
(B)
(1)
Each employee shall have the right, freely and without fear of penalty or
reprisal, to form, join, and assist a labor organization or to refrain from any
such activity, and each employee shall be protected in the exercise of this
right.
(2)
The right to assist a labor organization extends to participation in the
management of the organization and acting for the organization in the
capacity of an organization representative, including presentation of its views
to management officials, elected officials of the city, or other appropriate
authorities. This subsection does not authorize participation in the
management of a labor organization or acting as a representative of such an
organization by a supervisor, management official, confidential employee, or
by any other employee when the participation or activity would result in a
conflict or apparent conflict of interest or otherwise be inconsistent with law,
this Chapter, or with the official duties of the employee.
(3)
The right of employees to assist a labor organization does not include the right
to participate in a strike. Any employee who participates in a strike may be
discharged by the city manager immediately and without further cause. No
one participating in a strike shall be allowed to acquire any benefits gained by
collective bargaining. The status of participants in a strike shall not be a
matter of collective bargaining.
(4)
Membership in any labor organization shall be determined by each individual
employee; provided, however, that in bargaining units where employees have
selected a labor organization as exclusive representative, an agreement may be
negotiated which provides for the right to membership dues deduction or
check-off.
(5)
The employer shall provide each new employee with a copy of this Article.
Definitions.
(1)
The following words and phrases when used in this Article, shall for the
purposes of this Article, have the meanings respectively ascribed to them in
this Section, except where the context otherwise requires.
a.
"Employer" is the City of Jenks.
b.
“Employee” is a full-time employee of the City of Jenks, but does not
include for the purposes of exclusive recognition, a management
official, a supervisor, a confidential employee, an employee engaged
in the administration of this Chapter, and a temporary or seasonal
employee hired for a time certain of less than one year during a fiscal
year, and full-time employees of the fire and police departments.
c.
"Confidential Employees" are all employees of the City Attorney's
office, all employees of the Personnel Office, and one secretarial or
clerical employee designated by each department head, the city
manager and the city clerk.
d.
"Supervisor" is an employee having the authority, in the interest of the
employer, to do one of the following: to hire, transfer, suspend, lay
off, recall, promote, discharge, assign, reward, or discipline other
employees, or responsibly direct them, or to adjust their grievances, if
44
in connection with the foregoing the exercise of authority is not of a
mere routine or clerical nature, but requires the use of independent
judgment.
e.
"Management Official" is an employee having authority to make, or
to influence effectively the making of, a policy necessary to the
employer with respect to personnel, procedures, or programs. An
employee influences effectively policy decision when his or her role
extends beyond that of an expert or professional rendering resource
information or recommendations with respect to the policy in question
to the point of active participation in the ultimate determination as to
what the policy in fact will be.
f.
"Labor Organization" is a lawful organization of any kind in which
employees participate and which exists for the purpose, in whole or in
part, of dealing with employers concerning wages, hours, grievances,
and other terms and conditions of employment, but does not include
an organization which:
1)
assists or participates in a strike against the City of Jenks or
imposes a duty or obligation to conduct, assist, or participate
in such a strike;
2)
advocates the overthrow of the constitutional form of government of the United States, or any political subdivision thereof;
3)
discriminates with regard to the terms of conditions of
member-ship because of race, color, creed, sex, age, or
national origin; or
4)
is not in conformance with §1-19-2 (H) of the Code of the
City.
g.
"Strike" is any work stoppage or other behavior by an employee who,
individually or by concerted action with others and without the
approval of his superior, willfully absents himself from his position or
abstains in whole or in part from the full, faithful, and proper
performance of his duties for the purpose of inducing, influencing, or
coercing a change in conditions or compensation, or the rights,
privileges, or obligations of employment.
h.
"Day" is a calendar day, except that when a limited time period specified in this Article ends on a Saturday, Sunday, or recognized City
holiday, the limited time period shall be extended to the next work
day of the Employer's administrative offices.
i.
"Direct Economic Issues" are salaries, wages, rates of pay, or any
other issues subject to collective bargaining which require the
appropriation of monies by the City Council.
§1-19-2. Administration
(A)
Administration: Hearing examiners.
(1)
The City Council shall appoint a Chief Hearing Examiner and at least two
Associate Hearing Examiners. All persons so appointed shall be members of
45
the Labor Panels of the American Arbitration Association, the Federal Mediation and Conciliation Service, or the National Mediation Board. The Chief
Hearing Examiner, in case of his inability to serve, shall assign one of the
Associate Hearing Examiners to hear and decide cases as they arise. The
Hearing Examiner hearing a case shall be reimbursed for his services at a rate
not to exceed $25.00 per hour for time served in hearing and deciding the
case. The Chief Hearing Examiner shall prescribe regulations under this
Article. All hearings shall be recorded on tape to provide a permanent record.
(2)
(3)
The Hearing Examiner shall:
a.
decide issues related to the appropriate unit submitted for his
consideration;
b.
decide questions pertaining to objections to elections and issues of
challenged ballots as provided in §1-19-2(B)6 of the Code of the City.
c.
decide unfair labor practice complaints which representatives of the
parties have failed to resolve informally in meetings held during the
fifteen day period after the complaining party has notified the other
party of its alleged unfair labor practices;
d.
decide alleged violations of the standards of conduct of labor
organizations; and
e.
decide questions as to whether a grievance is subject to a negotiated
grievance procedure as provided in §1-19-2(B) of the Code of the
City.
The Hearing Examiner shall have the authority to:
a.
grant requests for appearance of witnesses or production of
documents;
b.
rule upon offers of proof and receive relevant evidence;
c.
take or cause a deposition to be taken whenever the ends of justice
would be served thereby;
d.
limit lines of questioning or testimony which are immaterial,
irrelevant, or unduly repetitious;
e.
regulate the course of the hearing and, if appropriate, exclude from
the hearing persons who engage in misconduct and strike all related
testimony of witnesses refusing to answer any questions ruled to be
proper;
f.
hold conferences for the settlement or simplification of the issues by
consent of the parties or upon his own motion;
g.
dispose of procedural requests, motions, or similar matters, which
shall be made part of the record of the proceeding;
h.
examine and cross-examine witnesses and to introduce into the record
documentary or other evidence;
46
(B)
i.
request the parties at any time during the hearing to state their
respective positions concerning any issue in the case or theory in
support thereof;
j.
continue the hearing from day-to-day, or adjourn it to a later day, by
announcement thereof at the hearing or by appropriate notice; and
prepare, issue, and serve his decision to the parties.
(4)
A complaint alleging a violation of §1-19-2(G) 1.d of the Code of the City
shall receive the highest priority treatment by the Chief Hearing Examiner.
The Chief Hearing Examiner or an Associate Hearing Examiner assigned by
him shall commence the hearing of such a complaint within twenty-four hours
after the complaint has been made. The fifteen day period for informally
resolving unfair labor practice complaints shall be waived when the complaint
alleges a violation of said §1-19-2(G)1.d. If the hearing Examiner , based on
the evidence presented, finds that there exists a reasonable cause to believe
that a §1-19-2(G)1.d violation is occurring, he shall issue an order which
provides for cessation of the alleged violative conduct pending disposition of
the complaint.
(5)
Upon finding a violation of this Article, the Hearing Examiner will make
disposition of the matters before him. The Hearing Examiner may order the
respondent to cease and desist from such violative conduct and may require
the respondent to take such affirmative actions, including back pay to
employees, as he deems appropriate to effectuate the policies of this Article.
The Hearing Examiner shall assess the costs of the hearing between the parties
based on the merits of the case.
Exclusive Recognition.
(1)
A labor organization seeking exclusive recognition shall submit to the
employer a roster of its officers and representatives, a copy of its Charter and
Constitution and By-Laws, and a statement of its objectives and affirmation of
its compliance with §1-19-2(H) of this Article.
(2)
The City Council shall accord exclusive recognition to a labor organization
when the organization has been selected, in a secret ballot election, by a
majority of the employees in an appropriate bargaining unit as their
representative. When a labor organization has been accorded exclusive
recognition, it is the exclusive representative of employees in the .unit and is
entitled to act for and to negotiate agreements covering all employees in the
unit. It is responsible for representing the interests of all employees in the unit
without discrimination and without regard to labor organization membership.
(3)
Bargaining units shall ensure a clear and identifiable community of interest
among the employees concerned, promote effective dealings between the
labor organization and the employer, and promote the efficiency of City
operations. Therefore, there shall be established only one bargaining unit as a
result of secret ballot elections. The bargaining unit shall include all
employees not otherwise excluded as provided in §1-19-1(B)1.b of the Code
of the City. No bargaining unit shall be established under this ordinance if it
includes:
a.
any management official or supervisor or confidential employee;
47
(4)
b.
an employee engaged in administering this Article;
c.
a temporary or seasonal employee hired for a time certain of less than
one year; or
d.
any full-time employees of the fire and police departments.
All elections shall be conducted by secret ballot. Each employee in the
bargaining unit shall be eligible to vote and shall be provided the opportunity
to choose the labor organization he or she wishes to represent him or her from
among those on the ballot or "no union." When no category on the ballot
receives a majority of the valid ballots cast, a runoff election shall be held
between the two categories receiving the largest and second largest number of
votes in the first election. Elections may be held to determine whether:
a.
a labor organization should be recognized as the exclusive
representative of employees in the unit;
b.
a labor organization should replace another labor organization as the
exclusive representative; or
c.
a labor organization should cease to be the exclusive representative.
(5)
The employer shall call and hold an election upon receipt of a timely, written
petition signed by no less than thirty percent of the employees in an
appropriate bargaining unit indicating their desire to be represented by a
particular labor organization or to change or to withdraw recognition. No
labor organization will be permitted to intervene in the election proceeding
and secure a place on the ballot unless it has submitted a timely, written
petition signed by no less than twenty per-cent of the employees in the unit
indicating their desire to be represented by that particular labor organization.
The employer may hold an election when he has evidence supporting a good
faith belief that the labor organization no longer is the choice of employees in
the bargaining unit.
(6)
When the employer has received an appropriate petition, the employer shall
post notices to all employees containing information as to the name of the
petitioner and a description of the bargaining unit involved. All interested
labor organizations wishing to participate in the election must seek
intervention within the ten day period following the date of the posting of the
notice by submitting a timely, written petition with the employer and
otherwise meeting the requirements of this Article. As soon as possible after
the close of the period of intervention, the employer shall meet with
representatives of the successful petitioner(s) to arrange the details of the
election. Following the meeting, the employer shall post appropriate notices of
election. Such notices shall set forth details and procedures for the election,
the appropriate unit, the eligibility period, the date(s), hour(s), and place of the
election and shall contain a sample ballot which is clearly marked "sample" on
its face. The employer shall provide the voting booths and ballot boxes. Each
labor organization on the ballot and the employer may be represented by no
more than two observers of its own selection at the polling place. The
observers' function is to see that the election is conducted fairly, the security
of the ballot is maintained, and all eligible voters are given an opportunity to
cast a ballot. At the conclusion of the balloting the ballots will be counted by
the observers and an appropriate tally of ballots will be issued.
48
Representatives of the labor organization(s) and the employer shall sign the
tally of ballots indicating that the tally is correct. The signing of the tally does
not constitute a waiver of any rights by any party to file objections. If any
party wishes to file objections or the number of challenged ballots are
sufficient in number to affect the results of the election, such issue(s) shall be
submitted in accordance with the procedures set forth in §1-19-2 of the Code
of the City within five days of the conclusion of the balloting. The City
Manager shall promptly report the final results of the election to the City
Council.
(7)
There shall be no election to determine whether a labor organization should
become, or continue to be recognized as, exclusive representative of the
employees in any unit within twelve months after a prior valid election with
respect to such unit. When an agreement covering a bargaining unit has been
signed by the employer and the incumbent exclusive representative, an
election petition will not be timely unless filed with the employer no earlier
than November 1, nor later than November 15, of any calendar year
immediately preceding the expiration of any labor agreement then in existence
for employees within the bargaining unit.
(8)
Recognition of a labor organization does not
(9)
(C)
a.
preclude an employee, regardless of whether he is in a unit of
exclusive recognition, from exercising rights established by law, or
from choosing his own representative in the exercise of such rights; or
b.
preclude the employer from consulting or dealing with lawful
associations, not qualified as a labor organization, with respect to
matters or policies which involve individual members of the
association or are of particular applicability to it or its members.
These consultations and dealings shall be so limited that they do not
assume the character of consultation or dealings on matters of general
employee-management policy covering employees in the bargaining
unit or ex-tend to areas where recognition of the interests of one
employee group may result in discrimination against or injury to the
interests of other employees.
When a labor organization has been found to have committed a §1-19-2(G)2
unfair labor practice, the City Manager shall report promptly this finding to
the City Council, and the City Manager may recommend that the labor
organization's exclusive recognition be revoked, any existing agreements be
voided, and that the labor organization not qualify as a labor organization
under this Article for a period of twelve months.
Municipal Powers and Employer Rights.
(1)
Nothing herein contained shall be construed or interpreted so as to infringe
upon or remove the prerogatives of the City of Jenks to operate and manage
affairs in all respects in accordance with its responsibilities and powers of
authority, nor shall the right to collective bargaining extend to such matters.
(2)
The employer retains the right, in accordance with the Code and Charter of the
City of Jenks,
a.
to hire, direct, promote and take disciplinary action against
49
employees;
(3)
(D)
b.
to relieve employees from duties because of lack of work or for other
legitimate reasons;
c.
to maintain the efficiency of government operations entrusted to
them;
d.
to determine the methods, means, and personnel by which such
operations are to be conducted; and
e.
to take whatever actions may be necessary to carry out the mission of
the City in situations of emergency.
The requirements of this section shall be expressly stated in the initial or basic
agreement and apply to all supplemental, implementing, subsidiary or
informal agreements between the employer and the labor organization.
Negotiation of Agreements.
(1)
The employer and a labor organization that has been accorded exclusive
recognition, through appropriate representatives, shall bargain collectively
with respect to wages, salaries, hours, rates of pay, grievances, working conditions, and other terms and conditions of employment, so far as may be
appropriate under the Code of the City of Jenks.
(2)
To bargain collectively is the performance of the mutual obligation of the
employer and labor organization to meet at reasonable times and confer in
good faith with respect to wages, salaries, hours, rates of pay, grievances,
working conditions, and other terms and conditions of employment, or the
negotiation of an agreement, or any question arising there under, and the
execution of a written agreement incorporating the results of such negotiations
if requested by either party, but such obligation does not compel either party
to agree to a proposal or require the making of a concession.
(3)
A party desiring to initiate negotiations over direct economic issues shall
notify the other party on or before March 1, and submit is basic bargaining
demands at the time of notification. The party receiving the demand to
negotiate shall submit its basic bargaining demands to the initiating party on
or before April 1. Negotiations shall begin on April 15, unless the parties
mutually agree to another date.
(4)
The employer shall enter into no agreement with a labor organization on any
direct economic issues for the next fiscal year after June 30.
(5)
Agreements entered into by the employer which require the appropriation of
monies are expressly made subject to the appropriation of said monies by the
City Council.
(6)
Once the parties enter into an agreement on direct economic issues, neither
party shall be required to engage in additional negotiations on any issues
during the term of that agreement unless required by the provisions of the
agreement or this Article.
(7)
The expiration date of all agreements shall be June 30 at midnight; however,
50
provisions on other than direct economic issues may be extended by mutual
agreement.
(E)
Negotiation Impasses.
(1)
All negotiation impasses not resolved shall be subject to mediation by the
Federal Mediation and Conciliation Service. At the request of either party, the
parties shall jointly notify the Service of their need for the immediate assistance of a mediator. Mediation efforts shall not extend beyond 30 days unless
the parties mutually agree.
(2)
At the request of either party, all negotiation impasses not resolved through
mediation shall jointly be submitted to fact-finding by a three member board.
Each party shall select a partisan member. The two partisan members shall
select a neutral member, who serves as chairman. If they are unable to agree
on the neutral member, the parties shall immediately request the American
Arbitration Association to appoint the neutral member. The parties shall share
equally the costs of the neutral member.
(3)
The fact-finding board shall conduct its hearing as soon as possible. The
chairman shall be responsible for the conduct of the hearing. The parties and
their witnesses shall appear and give testimony and produce the books,
records, and other evidence relative to or pertinent to the negotiation impasses
presented to the board. The hearing may be continued at the discretion of the
chairman. The hearing shall be concluded and the board's report and
recommendations shall be submitted to the parties no later than twenty days
from the date of the appointment of the chairman.
(4)
At any time before the submission of the board's report and recommendations
to the parties, the parties may mutually resolve each of the impasses. In this
event, the parties shall immediately request the board that the proceedings be
terminated and the board, acting through the chairman, shall terminate the
proceedings.
(5)
The factors, among others, to be given weight by the fact-finding board in
arriving at its report and recommendations shall include
a.
the lawful authority of the employer;
b.
the financial ability of the employer to meet costs;
c.
the interests and welfare of the public;
d.
the hazards of employment, physical, education and mental
qualifications, job training and skills involved;
e.
a comparison of wages, hours, and conditions of employment of the
employees involved in the fact-finding proceeding with the wages,
hours, and conditions of employment of other employees performing
similar services and with other employees generally in public and
private employment in comparable communities, primarily in this
geographic region;
f.
the average consumer prices for goods and services, commonly
known as the cost of living;
51
(F)
g.
the overall compensation presently received by the employees,
including direct wages and fringe benefits;
h.
changes in any of the foregoing circumstances during the pendency of
the fact-finding hearing;
i.
such other factors, not confined to the foregoing, which are normally
or traditionally taken into consideration in the determination of wages,
hours, and conditions of employment through voluntary collective
bargaining, mediation, fact-finding, arbitration, or other-wise between
the parties, in the public service or in private employment; and
j.
the stipulations of the parties.
(6)
The chairman of the fact-finding board is authorized to write the report and
recommendations. In the event that no two members of the board agree on the
content of the report and recommendations, the chairman's position shall
comprise the report and recommendations. Members of the board may
append dissenting opinions to the report and recommendations.
(7)
The report and recommendations of the fact-finding board is advisory to the
parties. If there is no agreement on each of the impasses within seven days
after the parties receive the report and recommendations, the City Manager
shall file a copy of the report and recommendations with his comments with
the City Council.
(8)
The employer shall enter into no agreement with a labor organization on any
direct economic issues for the next fiscal year after June 30.
Grievance and Arbitration Procedures.
(1)
An agreement between the employer and a labor organization shall provide a
procedure for the consideration of grievances over the interpretation or
application of the agreement. A negotiated grievance procedure may not cover
any other matters and it shall be the exclusive procedure available to the
parties and the employees in the bargaining unit for resolving grievances
which fall within its coverage. However, any employee or group of employees
in the bargaining unit may present such grievances to the employer and have
them adjusted, without the intervention of the exclusive representative, as long
as the adjustment is consistent with the terms of the agreement and the
exclusive representative has been given opportunity to be present at such
adjustment.
(2)
A negotiated grievance procedure may provide for arbitration of grievances.
Arbitration may be invoked only by the employer or the exclusive
representative. The grievance shall be submitted to arbitration under the
Voluntary Labor Arbitration Rules of the American Arbitration Association.
The par-ties shall share equally the cost of the arbitrator's fee and expenses.
The arbitrator's award shall be consistent with the authority granted the
arbitrator by the agreement and the Code of the City of Jenks. Questions as to
whether or not a grievance is on a matter subject to the grievance procedure in
an existing agreement or is subject to arbitration under the agreement, may be
submitted to arbitration.
52
(3)
(G)
Where the negotiated grievance procedure does not provide for arbitration of
grievances, questions as to whether or not a grievance is on a matter subject to
the grievance procedure in an existing agreement may be submitted in
accordance with the procedures set forth in §1-19-2 of the Code of the City.
Unfair Labor Practices.
(1)
(2)
It shall be unfair labor practice for the employer:
a.
to interfere with, restrain, or coerce an employee in the exercise of the
rights guaranteed in this Article;
b.
to encourage or discourage membership in a labor organization by
discrimination in regard to hiring, tenure, promotion, or other
conditions of employment;
c.
to sponsor, control, or otherwise interfere or assist with the formation
or administration of any labor organization or con-tribute financial or
other support to it;
d.
to discipline, discharge, or otherwise discriminate against an
employee because he or she has filed charges or given testimony
under this Article;
or
e.
to refuse to bargain collectively with the exclusively recognized
representatives of his employees.
It shall be an unfair labor practice for a labor organization:
a.
to interfere with, restrain, or coerce an employee in the exercise of the
rights guaranteed in this Article;
b.
to cause or attempt to cause the employer to coerce an employee in
the exercise of the rights guaranteed in this Article;
c.
to coerce, attempt to coerce, or discipline, fine, or take other
economic sanction against a member of the labor organization as
punishment or reprisal for, or for the purpose of hindering or
impeding his work performance, his. productivity, or the discharge of
his or her duties owed as an employee of the City of Jenks.
d.
to call or engage in a strike, work stoppage, or slow-down, or condone
any such activity by failing to take affirmative action to prevent or
stop it;
e.
to discriminate against an employee with regard to the terms or
conditions of membership because of race, color, creed, sex, age, or
national origin;
f.
to deny membership to any employee in the appropriate bar-gaining
unit except for failure to meet reasonable occupational standards
uniformly required for admission, or for failure to render initiation
fees and dues uniformly required as a condition of acquiring and
retaining membership; however, this paragraph does not preclude a
labor organization from enforcing in accordance with procedures
53
under its constitution and by-laws which conform to the requirements
of this Article; or
g.
(H)
to refuse to bargain collectively with the employer, provided the labor
organization is the exclusively recognized representative of the
employees.
Standards of Conduct for Labor Organizations.
(1)
Recognition shall only be accorded to a labor organization that is free from
corrupt influences and influences opposed to basic democratic principles.
(2)
A labor organization seeking recognition shall provide the employer with
evidence that it is subject to governing requirements which contain explicit
and detailed provisions calling for:
a.
the maintenance of democratic procedures and practices, including
provisions for periodic elections to be conducted subject to
recognized safeguards and provisions defining and securing the right
of individual members to participation in the affairs of the
organization, to fair and equal treatment under the governing rules of
the organization, and to fair process in the disciplinary proceedings;
b.
the prohibition of business or financial interests on the part of the
organization officers and agents which conflict with their duty to the
organization and its members; and
c.
the maintenance of fiscal integrity in the conduct of the affairs of the
organization, including provision for accounting and financial
controls, regular financial reports or summaries to be made available
to members, and the bonding for the faithful discharge of duties of
each officer and agent who handles funds or other property of the
labor organization.
(Enacted Ord. #394, December 1, 1980)
Article 20. Drug Free Workplace
§1-20-1. Substance Abuse Testing.
(A)
(B)
Definitions.
(1)
"Employee" as used in this Article means any person who supplies a service
for renumeration or pursuant to any contract for hire with the City of Jenks or
the Jenks Public Works Authority (JPWA).
(2)
"Job Applicant" means a person who applies to become an employee of the
City of Jenks or JPWA.
(3)
"City" means the incorporated City of Jenks, Oklahoma, and its public trust,
the Jenks Public Works Authority (JPWA).
All prospective full time employees of the City, part-time employees and volunteers
and independent contractors which in the discretion of the City Manager need to
undergo pre-employment screening due to the nature of services to be rendered, and
those current employees under the circumstances enumerated in this Ordinance shall
54
be subject to testing for use of drugs by testing of bodily tissue, fluids or products,
including possible use of urinanalysis, and alcohol by breath analysis as provided
herein:
Drugs which may be tested for include:
(a)
Alcohol (ethyl)
(b)
Amphetamine/Methamphetamines (e.g., speed, crystal, crank)
(c)
Barbituates (e.g., Amobarbital, Butabarbital, Phenobarbital,
Secobarbital)
(d)
Cocaine and its derivatives (e.g. coke, crack, speedballs)
(e)
Methqualone (e.g., Quaalude)
(f)
Opiates (e.g., Codeine, Heroin, Morphine, Hydromorphone,
Hydrocodone, Dilaudid, Tylenol #3 or #4, Loritabs)
(g)
Phencyclidine (PCP)
(h)
Cannabinoids (e.g., Marijuana, THC, Hashish)
(i)
Benzodiazepines (e.g., Valium, Librium, Loripam, Diazapam, Xanax,
Oxazepam, Serax, Dalamane, Ativan
(j)
Hallucinogens (e.g., LSD, Peyote, Mescaline)
(k)
Synthetic narcotics (e.g., Methadone)
(l)
Designer drugs (e.g., Angel Dust)
(m)
A metabolite of any of the substances listed above.
Any identifiable traces in excess of laboratory cut-off levels of such substances, as set
forth by the State Board of Health, shall be a violation of this Ordinance. Employees
may be tested for the presence of alcohol by breath analysis upon "reasonable
suspicion" that one is under the influence of alcohol on the job.
§1-20-2. Job Applicant Testing.
(A)
General Standard. All applicants for employment with the City of Jenks or JPWA will
be required to undergo a drug screening test upon a conditional offer of employment
and prior to their final appointment without regard to whether reasonable suspicion of
drug use exists. All employees, concerning whom there exists a "reasonable
suspicion" of drug use, as defined in § 1-20-3(A) of this Ordinance, shall be subject to
such testing.
§1-20-3. Current Employee Testing.
(A)
Reasonable suspicion. Any current city employee will be required to undergo drug and
alcohol testing if there is reasonable suspicion that the employee is under the influence
of drugs or alcohol during work hours or is using alcohol or drugs which do or may
affect his behavior during employment. "Reasonable suspicion" means an articuable
belief based on specific objective and articuable facts and reasonable inference drawn
from those facts in light of experience that an employee is under the influence of drugs
or alcohol or suffering similar effects from prior use of the same. Circumstances
which constitute a basis for determining "reasonable suspicion" may include, but are
not limited to:
(1)
A pattern of abnormal or erratic behavior or an incident which creates a
reasonable suspicion of drug or alcohol abuse;
(2)
Information provided by a reliable and creditable source and which has been
independently corroborated;
(3)
Direct observation of drug possession or alcohol or drug use while at work or
55
on duty;
(4)
Presence of the physical symptoms of drug or alcohol use (i.e., glassy or
bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination or
reflexes, unusual hyperactivity or drowsiness);
(5)
Evidence that an individual has tampered with an alcohol or drug test during
his employment with the City;
(6)
Evidence that an employee is involved in the use, possession, sale, solicitation
or transfer of drugs while on duty or while on the employer's premises or
operating the employer's vehicle, machinery or equipment.
(B)
Supervisor Reports. Supervisors are required to report to the City Manager all
incidents or information creating a reasonable suspicion of which they have
knowledge and detail in writing the specific facts, symptoms, or observations which
formed the basis for their determination that reasonable suspicion existed to warrant
the testing of an employee. This documentation shall be forwarded to the City
Manager. After evaluation of the report by the City Manager, the City Manager shall
request the employee submit to drug testing if, in the discretion of the City Manager,
sufficient facts warrant the suspicion of drug use. The facts underlying the
determination of reasonable suspicion shall be disclosed to the employee at the time
the demand is made.
(C)
The City Manager may require testing of an employee if he observes conduct which
creates a reasonable suspicion of prohibited drug or alcohol usage or if it is brought to
his attention, although not by a supervisor.
(D)
The City Manager may request or require an employee to undergo drug or alcohol
testing on a random basis of selection or as part of a routinely scheduled exam for all
members of any employment classification if such employee:
(1)
(2)
(3)
Is a police officer;
Is authorized to carry a firearm;
Is engaged in activities which directly affect the safety of others, such as
firefighters, lifeguards, or heavy equipment operators.
(E)
The City Manager or a Department Supervisor may require an employee to undergo
drug or alcohol testing if they have a reasonable suspicion that the employee or
another person has sustained a work related injury or the employer's property has been
damaged as a direct result of the employee's use of drugs or alcohol.
(F)
The City Council shall follow the procedures set forth herein for requiring testing for
its direct appointees who receive compensation from the City.
§1-20-4. Supervisor Training.
(A)
The City shall develop a program of training to assist supervisory personnel in
identifying drug and alcohol use among employees. Such training will be directed
towards helping supervisors recognize the conduct and behavior that give rise to a reasonable suspicion of drug or alcohol use.
§1-20-5. Prior 'Notice of Testing Policy.
(A)
The City shall provide written notice of its drug and alcohol testing policy to all
56
employees and job applicants by initial posting in a conspicuous place in the Jenks
City Hall and by informing all employees. The notice shall contain the following
information:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
The City's statement of policy respecting drug or alcohol use by employees.
The circumstances under which testing may be requested or required;
Substances which may be tested, including the brand or common name, if any,
and the chemical name of any drug or its metabolite to be tested;
Testing methods and collection procedures to be used;
The procedure for confirming an initial positive drug test result;
The consequences of a confirmed positive test result;
The consequences of refusing to undergo a drug and alcohol test;
The right of an applicant or employee, in confidence, to explain a positive test
result and the appeal procedures available;
The right of an applicant or employee to obtain all information and records
related to that individual's testing.
That the unlawful manufacture distribution, dispensation, possession or use of
a controlled substance is prohibited in the work place and will subject an
employee to discipline including termination.
§1-20-6. Consent.
(A)
Before a test is administered, employees and job applicants will be asked to sign a
consent form authorizing the test and permitting release of test results to those City
officials with a need to know. The consent form shall provide space for employees and
applicants to acknowledge that they have been notified of the City's drug testing
policy and to indicate a current or recent use of prescription or over-the-counter medication.
The consent form shall also set forth the following information:
(1)
(2)
(3)
(4)
(5)
The procedure for confirming an initial positive test result;
The consequences of a confirmed positive test result;
The right to explain a confirmed positive test result and the appeal procedures
available;
The consequences of refusing to undergo a drug and alcohol test;
Whether the employee has used any of the substances enumerated in § 1-201(B) within four weeks prior to the test.
§1-20-7. Refusal to Consent - Applicants.
(A)
A job applicant who refuses to consent to a drug and alcohol test will be denied
employment with the City.
§1-20-8. Refusal to Consent - Employees.
(A)
Refusal to consent to testing by an employee for whom reasonable suspicion of drug
or alcohol use has been identified is subject to disciplinary action, including termination.
§1-20-9. Confirmation of Test Results.
(A)
An employee or applicant whose drug test yields a positive result shall be given a
second test, if requested, using gas chromatography or gas chromatography/mass
spectrometry (GC/MS) test or an equivalent method approved by State Board of
57
Health rule. The second test shall use a portion of the same sample for use in the first
test. A job applicant or employee may request a second test, but the cost of the same
shall be advanced and paid by the applicant or employee prior to such second test.
(B)
If the second test confirms the positive test result, the employee or applicant shall be
notified of the results in writing by the City Manager or his designee. The letter of
notification shall identify the particular substance found and its concentration level.
(C)
If the retest reverses the findings of the challenged positive test, the City shall
reimburse an employee of the costs of a retest, but shall not be required to reimburse a
job applicant.
§1-20-10. Consequences of a Confirmed Positive Test Result.
(A)
All applicants for positions with the City of Jenks and current employees are hereby
notified that the use of drugs will not be tolerated, except by the direction of a
practicioner licensed to dispense such substances and in compliance with the
provisions of this Ordinance; and discharge from or denial of employment will
normally result from the use of substances described in §1-20-1(B) of this Ordinance.
(B)
Applicants. Job applicants will be denied employment with the City if their initial
positive test results have been confirmed. Applicants shall be informed in writing if
they are rejected on the basis of a confirmed positive drug test result.
(C)
Employees. If an employee's positive test result has been confirmed the employee is
subject to disciplinary action, including termination. Factors to be considered in
determining the appropriate disciplinary response include the employee's work
history, length of employment, current job performance, seriousness of the manner
and variety of drug use and its effects upon job performance, candor, ability and
willingness of the employee to refrain from use of drugs or alcohol and the existence
of past disciplinary actions. No disciplinary actions may be taken against employees
who, prior to demand for testing, voluntarily identify themselves as drug users, and if
deemed appropriate, request leave of absence to obtain counseling and rehabilitation
without cost to City and thereafter refrain from violating the City's policy on drug and
alcohol abuse and through periodic testing for up to two (2) years after returning to
work demonstrate freedom from drug use. Such periodic testing to be at the sole
discretion of the City Manager.
(D)
Positive Results. An employee whose bodily tissue, fluids or products yields positive
test results is subject to discharge even though the substance detected was taken
pursuant to a prescription written by a licensed practitioner of the healing arts unless
the employee promptly notified his supervisor of his intended consumption of such
drugs as is provided in the following subsection.
(E)
Prescription medications. An employee will inform his supervisor any time prescribed
medication enumerated in § 1-20-1(B) of this ordinance is being taken. Failure to
inform one's supervisor of consumption of prescribed medications specified in § 1-201(B) may be grounds for discharge. When an employee gives such notice, the
supervisor will require the employee to provide a doctor's written acknowledgement
that the employee's use of such drug will or will not adversely affect his employment
duties. If it will impair his performance, the supervisor may schedule other appropriate
duty or require the employee to take available leave, including leave without pay until
the medication usage ceases. An employee who is medically required to take such a
drug on a continuing basis, may be reassigned if an appropriate position exists or, if
not, is subject to discharge.
58
§1-20-11. Right to a Hearing.
(A)
If an employee's positive test result has been confirmed, the employee is entitled to a
hearing before any final disciplinary action may be taken by the City. The employee
must make a written request for a hearing to the City Manager or other hearing officer
designated by the City Manager within 5 days of receipt by the employee of the
confirmation test results. A trial as known by the judicial system of the State is not
contemplated, but employees may be represented by legal counsel, present evidence
and witnesses on their behalf, and confront the evidence against them.
(B)
No adverse personnel action may be taken against an employee based on a confirmed
positive drug test result unless the hearing officer finds that:
(1)
The employee's drug test results are accurate; and,
(2)
There was a reasonable suspicion to believe that the employee was affected by
or under the influence of one or more of the substances enumerated in § 1-201(B) of this ordinance.
(C)
Within 10 days following the close of the hearing, the City Manager or other
designated hearing officer shall prepare a written report and a brief summary of the
facts, and inform the employee of the results and any action to be taken by the City.
(D)
An employee found to be in possession of any drugs as set forth in § 1-20-1(B) in the
workplace, except a Jenks Police Officer when said drugs have been confiscated
and/or held for evidence in the course of their official duties, shall be subject to
immediate suspension without pay pending a hearing, if a hearing is requested by the
employee.
§1-20-12. Confidentiality of Test Results.
(A)
All information from an employee's or applicant's drug and alcohol test is confidential
and only those with a need to know are to be informed of test results. Disclosure of
test results to any other person, agency, or organization is prohibited unless written
authorization is obtained from the employee or applicant or the same is to be used in a
civil or administrative action involving the individual tested and the City, or pursuant
to Court Order. The results of a positive drug test shall not be released until the results
are confirmed.
§ 1-20-13. Privacy in Drug Testing.
(A)
Urine samples shall be provided in a private rest room stall or similar enclosure so that
employees may not be viewed while providing the sample. To preserve decency a
view of the subject nude shall not be necessary; but street clothes, bags, briefcases,
purses, and other containers may not be carried into the test area. The testing facility
may provide other controls to protect the integrity of the sample.
§1-20-14. Laboratory Testing Requirements.
(A)
All drug and alcohol testing of employees shall be conducted at medical facilities or
laboratories selected by the City Manager and which are licensed by the State
Department of Health to perform such tests. To be considered as a testing site, a
59
medical facility or lab must submit in writing a description of the procedures that will
be used to maintain test samples. Factors to be considered by the City in selecting a
testing facility include:
(B)
(1)
Testing procedures which ensure privacy to employees and applicants
consistent with the prevention of tampering;
(2)
Methods of analysis which ensure reliable test results, including the use of gas
chromatography/mass spectrometry to confirm positive test results;
(3)
Chain-of-custody procedures which ensure proper identification, labeling, and
handling of test samples; and
(4)
Retention and storage procedures which ensure reliable results on
confirmatory tests of original samples.
If there is not substantial compliance with the testing procedures mandated by this
ordinance, the results of testing on such occasion may not be utilized. Such a deviation
from the testing procedures shall not, however, prohibit retesting the affected
employees.
§1-20-15. Notification of Federal Agencies.
(A)
The City Manager shall notify in writing any Federal agency from which the City is
receiving any grants or contracts within ten (10) days of the criminal drug conviction
of an employee or within ten (10) days of actual notice of said conviction. As a
condition of continued employment an employee must notify the City Manger within
five (5) days of a criminal drug conviction in the workplace.
§1-20-16. Civil Rights.
(A)
The civil rights of all City employees will be scrupulously observed; and this
ordinance has been drafted and will be interpreted with a design to honor those rights
and protect the safety and welfare of others who may suffer serious harm by the use of
drugs by those subject to the provisions of this ordinance. Should this or any portion
of this ordinance be declared unenforceable or unconstitutional by any court of
competent jurisdiction, those portions unaffected by such declaration shall remain in
full force.
§1-20-17. Effect on Other Personnel Policies.
(A)
The provisions of this ordinance shall supplement and govern over any other
provisions in the Jenks City Code relating to personnel. In the event of an
inconsistency between this ordinance and any other provision of the Jenks City Code,
the terms and provisions of this ordinance shall govern. (Amended 6/6/94, Ord. #835)
Article 21. Identity Theft Prevention Program
§ 1-21-1
(A)
The City of Jenks has adopted an Identity Theft Prevention Program and has
approved Administrative Rules setting forth policies governing the same.
(Enacted October 20, 2008, Ord. No. 1237)
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CHAPTER 2
ALCOHOLIC BEVERAGES
Article I. Occupational Tax and Regulation of Alcoholic Beverages
§2-1-1. Occupation Tax.
(A)
There is hereby levied and assessed an annual occupation tax on every business or
occupation relating to alcoholic beverages as specifically enumerated herein and in the
amount herein stated:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Brewer
$1,250.00
Distiller
$3,125.00
Winemaker
$ 625.00
Oklahoma Winemaker
$ 75.00
Rectifier
$3,125.00
Wholesaler
$3,500.00
Class B Wholesaler
$ 625.00
Retail Package Store
$ 900.00
Mixed Beverages
$1,000.00
Mixed Beverages if less than 20%
$ 900.00 (Renewal)
of gross receipts from sale of mixed
beverages. (Amended Ord. 921, May 19, 1997)
Caterer
$1,000.00 (Initial)
$ 900.00 (Renewal)
Special Event – per day
$ 50.00
(B)
The occupation tax for those service organizations which are exempt under Section
501(c)(19) of the Internal Revenue Code for mixed beverage or bottle club license
shall be Five Hundred Dollars ($500.00) per year.
(C)
If a brewer or a Class B wholesaler also holds a license from the state to manufacture
or wholesale any non-intoxicating malt beverage then the occupation tax for such
brewer or Class B wholesaler shall be reduced by seventy-five percent (75%).
§2-1-2. Payment Required; Penalty.
(A)
Any State licensee originally entering upon any occupation herein listed shall pay the
tax therefore at the office of the Jerks City Clerk on or before the date upon which he
enters upon such occupation. Said Licensee shall provide a copy of his current State
license before payment of an occupation tax will be accepted. Thereafter, the licensee
shall pay the tax annually. on or before the first day of July.
(B)
The occupation tax subject to this ordinance shall be prorated on a monthly basis for
the year in which an occupation begins operations.
(C)
Upon payment of the said occupation tax, the Jenks City Clerk shall issue a receipt to
said State Licensee, which said licensee shall post in a conspicuous place on the
premises wherein he carries on his occupation.
(D)
Any person who engages in any of the occupations taxed by this chapter without
paying said occupation tax imposed therefore in advance of such operation, is guilty of
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an offense against the City of Jenks, and upon conviction thereof shall be fined the
sum of not more than $100.00, excluding costs. Each day of such violation shall
constitute a separate offense.
§2-1-3. Annual Report.
(A)
The City Clerk shall make an annual report to the ABLE Commission, covering the
fiscal year, showing the number and class of licensees subject to the occupation tax
and the amount of money collected from said tax.
§2-1-4. Application for Certificate; Investigations.
(A)
Every applicant for a certificate of compliance with the zoning, fire, health and safety
codes of the City of Jenks required by Title 37 of the Oklahoma Statutes shall apply at
the office of the Jenks City Planner by:
(1)
filing a written application on forms prescribed by that office, and
(2)
paying a verification and certification fee in the amount of $25 at the time of
filing.
(B)
Upon receipt of an application for a certificate of compliance the Jenks City Planner
shall cause an investigation to be made to determine whether the premises proposed
for licensed operations comply with the provisions of the zoning ordinance and any
health, fire, building and other safety codes applicable to it.
(C)
The Jenks City Planner shall act on all such applications within twenty (20) days of
receipt thereof.
§2-1-5. Issuance of Certificate of Zoning and Certificate of Compliance.
(A)
Upon finding that the premises of an applicant for a certificate is in compliance with
all applicable zoning ordinances, a certificate of zoning shall be issued to the ABLE
Commission.
(B)
Upon finding that the premises of an applicant for a certificate is in compliance with
all applicable fire, safety and health codes, a certificate of compliance shall be issued
to the Able Commission.
(C)
The above certificates of compliance shall be signed by the Mayor or the Jenks City
Planner.
§2-1-6. Definitions.
(A)
All of the terms and phrases used in this Ordinance shall be given the same use and
meaning as defined by the Oklahoma Alcoholic Beverage Control Act.
§2-1-7. Enforcement.
(A)
Non-Compliance with the provisions of the Oklahoma Alcoholic Beverage Control
Act, when the same is defined as a misdemeanor violation, shall be deemed a violation
of the ordinances of the City of Jenks. (Amended, Ord. #586, June 17, 1985)
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Article 2. Manufacture, Sale and Distribution of Alcoholic Beverages
§2-2-1. Purpose.
(A)
This article is enacted as an exercise of the police power of the City of Jenks,
Oklahoma, to preserve the public peace, safety, health, and good order thereof, and to
aid the enforcement of the policy of the State of Oklahoma as established by the
Oklahoma Alcoholic Beverage Control Act (37 O.S. §502-to 567).
§2-2-2. Definitions.
(A)
As used in this article, "retail alcoholic beverage store" means a package store;
"winery" means a manufacturing establishment operated under the authority of a state
winemaker's license; "wholesale alcoholic beverage store" means a store operated
under the authority of a state wholesaler's license; and the terms hereafter enumerated
shall be given the meanings defined for them in the section of the Oklahoma Alcoholic
Beverage Control Act noted in parentheses following each term, to-wit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
Advertise the sale of alcoholic beverages (Section 516);
Alcohol (Section 506)(1);
Alcoholic beverage (Section 506)(2);
Brewery (Section 521)(a);
Distillery (Section 521)(b);
Manufacturer (Section 506)(15);
Original package or original container (Section 506)(18);
Package store (Section 521)(g);
Person (Section 506)(19);
Premises (Section 506)(20);
Retail containers (Section 506)(23);
Sale (Section 506)(25);
Spirits (Section 506)(27):
Wholesale dealer in alcoholic beverages (Section 521)(e);
Wholesaler (Section 506)(28);
Wine (Section 506)(28);
Convicted and conviction (Section 506)(7);
§2-2-3. Signs.
(A)
No person, owning, operating, or maintaining a retail alcoholic beverage store shall
cause or permit it to be designated by more than one sign, which shall contain only the
words "Retail Alcoholic Liquor Store", or any combination of such words or any of
them, and which shall contain no letter or figure more than four (4") inches in height
or more than three (3") inches in width, and in which the lines of words, of more than
one, shall not be more than one (1") inch apart.
§2-2-4. Advertising Restricted.
(A)
No person shall advertise, or cause to be advertised, in any manner, other than as
authorized by Section 2-2-3 of this Article, the sale of alcoholic beverages within the
limits of this city.
§2-2-5. Separate Premises Required.
(A)
No person shall maintain, operate, or assist, in any manner, the maintenance or
operation of a retail alcoholic beverage store or package store in premises which are
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not separated from adjoining premises on which any other goods, wares, or
merchandise are sold or services are rendered by nontransparent walls, broken only, if
at all, by a passageway to which the public is not admitted.
§2-2-6. Taking Beverages Through Passageway.
(A)
No person shall take any alcoholic beverage through any passageway described in
Section 2-2-5 of this Article, for the purpose of selling or reselling such beverage, or
for the purpose of delivery thereof in connection with a sale of such beverages.
§2-2-7. Sales in Retail Stores, etc.
(A)
No person shall sell or deliver alcoholic beverages at a retail alcoholic beverage store
other than (1)
(2)
(3)
(4)
(5)
in retail containers;
at ordinary room temperatures;
in the original package; and
for consumption off the premises; and
no person owning, employed in, or in any manner assisting in the maintenance
and operation of such a store shall suffer or permit any alcoholic beverages to
be consumed, or any retail container of such beverage to be opened, on the
premises of such store.
§2-2-8. Not to Consume in Retail Store, etc.
(A)
No person shall drink or consume in any manner alcoholic beverages on the premises
of a retail alcoholic beverage store, nor shall any person open or break the seal of any
original package or retail container containing alcoholic beverages on the premises of
any such retail alcoholic beverage store.
§2-2-9. Sale at Retail Restricted to Retail Stores.
(A)
No person shall sell at retail, and no person shall deliver in consequence or in
contemplation of such a sale, any alcoholic beverages at any place in the City of Jenks
except at a retail alcoholic beverage store in strict conformity with this article and the
laws of the State of Oklahoma.
§2-2-10. Location of Stores, Warehouses, etc.
(A)
No retail alcoholic beverage store, and no wholesale alcoholic beverage store,
warehouse, brewery, distillery, winery, or any other place, however described, for the
manufacture or production of bottling of alcoholic beverages of any kind shall be
located, maintained, or operated by any person, at any place within the boundaries of
the City of Jenks, except at a location at which such an establishment is permitted by
the zoning ordinance of the city.
§2-2-11. Location in Accordance with Law.
(A)
No person shall own, operate, maintain, or be interested in any retail alcoholic
beverage store which is located at a place within this city which is forbidden as a
location for such store by the laws of the State of Oklahoma.
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§2-2-12. Not to Sell to Intoxicated Persons, etc.
(A)
No person, at any place within this city, shall sell, deliver, or knowingly furnish
alcoholic beverage to an intoxicated person or to any person who has been adjudged
insane or mentally deficient.
§2-2-13. Transportation.
(A)
No person within this City shall transport in any vehicle upon any public highway,
street, or alley any alcoholic beverage unless such alcoholic beverage is:
(1)
(2)
in an unopened original container with seal unbroken and the original cap or
cork not removed from the container; or
in the trunk or other closed compartment or other container, out of public view
and out of reach of the driver or any occupant of the vehicle.
§2-2-14. Drinking and Intoxication in Public Place Prohibited.
(A)
No person within this City shall drink intoxicating liquor in any public place, unless
the establishment or caterer for events in which the consumption takes place is duly
licensed, nor shall any person be intoxicated in a public place within this city.
(Amended Ord. #1174, Aug. 21, 2006).
§2-2-15. Not to Sell on Credit.
(A)
No person, at any retail alcoholic beverage store in this city, shall sell any alcoholic
beverage on credit.
§2-2-16. Not to Offer Prizes, Premiums, etc.
(A)
No owner or proprietor of a retail alcoholic beverage store, and no person employed
therein, shall offer or furnish any prize, premium, gift, or similar inducement to a
consumer in connection with a sale of alcoholic beverage.
§2-2-17. Wholesalers Not to Sell to Retailers on Certain Days.
(A)
No wholesale dealer in alcoholic beverages, and no officer, agent or employee of such
a dealer, shall sell or deliver to any retail alcoholic beverage store in this city any
amount of spirits or wines on Saturday of any week, on Sundays of any week, on New
Year's Day, on Memorial Day, on the Fourth of July, on Labor Day, on Veteran's Day,
on Thanksgiving Day, on Christmas Day, or, while the polls are open, on the day of
any general, primary, run-off primary, or special election, whether national, state,
county or city.
§2-2-18. Not to Permit Drunk Person in Cafe, Club, etc.
(A)
No person operating a cafe, restaurant, club, or any place of recreation within this city
and no employee engaged in connection with the operation of such a cafe, restaurant,
or club, or place of recreation shall permit any person to be drunk or intoxicated in
such places of business.
§2-2-19. Each Day's Continuation to be a Separate Offense.
(A)
As to any violation of any provision of Sections 2-2-3 to 2-2-18 which consist in the
maintenance of a physical condition of premises or of physical structures, each day's
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violation shall constitute a separate offense.
§2-2-20. Penalty.
(A)
Any person, firm, or corporation who violates any provisions of this chapter, shall be
guilty of an offense and upon conviction shall be fined in any sum not to exceed one
hundred dollars ($100.00), plus costs. Each day's continuation of any such violation
shall be deemed a separate offense.
Note: For other provisions relating to alcoholic beverages, see Chapter 14 of this
Code.
§2-2-21. Revocation of License.
(A)
Violation of any of the provisions of this article shall, in addition to the penalties
provided herein, be cause for revocation of the license issued to any such person,
partnership, firm, or corporation, and the same may be thus revoked by a majority vote
of the city council, and upon such revocation no part of the license fee paid shall be
refunded. (Code 1972, §2-9.)
Article 3. Non-intoxicating Beverages
§2-3-1. Definition.
(A)
As used in this Article, and elsewhere in the Jenks City Code, non-intoxicating
beverage or low point beer is defined as any beverage containing more than one-half
of one percent (1/2%) alcohol by volume, and not more three and two-tenths percent
(3.2%) alcohol by weight, including but not limited to beer or cereal malt beverages
obtained by the alcoholic fermentation of an infusion of barley, or other grain, malt or
similar products. (Amended Ord. 880, Jan 2, 1996).
§2-3-2. Regulation of the Sale of Non-intoxicating Beverages for Consumption on the
Premises.
(A)
It shall be unlawful for any person to sell barter, or give to any person under twentyone (21) years of age any low-point, as defined in Section 163.2 of Title 37 of the
Oklahoma Statutes.
(B)
It shall be unlawful for any person who holds a license to sell and dispense low-point
beer for consumption on the premises, or any agent, servant, or employee of said
license holder, to permit any person under twenty-one (21) years of age to be admitted
to or remain in a separate or enclosed bar area of the licensed premises, which has as
its main purpose the selling or serving of low-point beer for consumption on the
premises. The provisions of this section shall not prohibit persons under twenty-one
(21) years of age from being admitted to an area which has as its main purpose some
objective other than the sale or serving of low-point beer, in which sales or serving of
said beverages are incidental to the main purpose, as long as persons under twenty-one
(21) years of age are not sold or served said beverages; however, the incidental service
of food in the bar area shall not exempt a licensee, agent, servant, or employee from
the provisions of this section.
(C)
It shall be unlawful for any person who holds a license to sell and dispense low-point
beer, for consumption on the premises, or any agent, servant or employee of said
license holder to permit any person under twenty-one (21) years of age to consume
any low-point beer on the licensed premises.
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(D)
Any person violating the provisions of subsection A, B or C of this section shall upon
conviction be guilty of a misdemeanor for a first violation and shall be punished by a
fine of not more than Five Hundred Dollars ($500.00).
(E)
That the person demanded, was shown, and reasonably relied upon proof of age shall
be a rebuttable presumption to any action brought pursuant to this section. A person
cited for violating this section shall be deemed to have reasonably relied upon proof of
age, and such person shall not be found guilty of such violation if:
(1) The individual who purchased or received the low-point beer presented what a
reasonable person would have believed was a driver license or other governmentissued photo identification purporting to establish that the individual was twentyone (21) years of age or older: or
(2) The person cited for the violation confirmed the validity of the driver license or
other government-issued photo identification presented by the individual by
performing a transaction scan by means of a transaction scan device. Provided ,
that this defense shall not relieve from liability any person cited for a violation of
this section if such person failed to exercise reasonable diligence to determine
whether the physical description and picture on the driver license or other
government-issued photo identification was that of the individual who presented
it. The availability of the defense described in this subsection does not affect
availability of any other defense under any other provision of law.
(F)
Upon violation of any of the provisions of this section by any agent, servant,
or employee, the law enforcement agency shall notify the owner of the premises of the
violation, the Oklahoma Tax Commission, and the district court clerk of the county in
which the premises are located. For Purposes of this subsection, notification to the
owner of the premises shall be deemed given if law enforcement agency mails, by
mail with delivery confirmation, the notification to the address which is on file with
the Oklahoma Tax Commission of the owner of the location at which the violation
occurred and the law enforcement agency received delivery confirmation from the
United States Postal Service. (This shall become effective November 1, 2011,
Approved Ordinance No.1301, June 20, 2011)
§2-3-3. Open Container Prohibited.
(A)
It shall be unlawful for any person knowingly to transport in any moving vehicle upon
a public highway, street or alley, any non-intoxicating beverage container more than
one half of one percent (1/2 of 1%) alcohol by volume and not more than three and
two-tenths percent (3.2%) alcohol by weight, except in the original container, which
shall not have been removed, unless the opened container be in the rear trunk or rear
compartment, which shall include the spare tire compartment in a station wagon, or
panel truck, or any outside compartment which is not accessible to the driver or any
other person in the vehicle while it is in motion.
§2-3-4. Public Consumption and Intoxication Prohibited.
(A)
No person within the City shall drink non-intoxicating alcoholic beverages or wines
on any public property except as hereinafter provided, nor shall any person be
intoxicated on any public property within this city.
(B)
Upon application to the City Manager, and upon his approval and the approval of the
Chief of Police that adequate security provisions are being provided by the promoters
of an event who shall have the sole responsibility and liability for such sales and
67
consumption of non-intoxicating beer or wines in connection with an event which they
are sponsoring. Further, any such beer or wine sales cease when the event ends or at
12:00 o'clock midnight, whichever is earlier, on each day of said event, and shall not
begin or resume until 12:00 o'clock noon or when the event begins, whichever is later.
All fees and permits, other than the permission provided for herein, required by the
city for beer sales are waived in relation to such events. (Amended Ord. #1091, March
1, 2004; Amended Ord. #1174, Aug. 21, 2006).
§2-3-5. Possession of low-point beer by persons under age twenty-one (21).
(A)
No person under twenty-one (21) years of age shall consume or possess with the intent
to consume low-point beer, as defined in Section 163.2 of Title 37 Oklahoma Statutes.
It shall be unlawful for any person under twenty-one (21) years of age to purchase or
attempt to purchase low-point beer, except under supervision of law enforcement
officers. Any person violating any of the provisions of this subsection shall be guilty,
upon conviction, of a misdemeanor and punished by a fine not to exceed Two
Hundred Dollars ($200.00) or ordered to perform community service not to exceed
thirty (30) hours, or both such fine and community service. In addition, if the person
has an Oklahoma driver license issued by the Department of Public Safety, that license
shall be revoked for the period of time provided in Section 6-107.1 of Title 47 of the
Oklahoma Statutes.
(B)
Provided, the provisions of this subsection shall not apply when such persons are
under the direct supervision of their parent or guardian, but in no instance shall this
exception be interpreted to allow such persons to consume such beverages in any
place licensed to dispense low-point beer.
(C)
In addition to any penalty or condition imposed pursuant to the provisions of this
subsection, the person shall be subject to an assessment of the person’s degree of
alcohol abuse, in the same manner as prescribed in subsection G of Section 11-902 of
Title 47 of the Oklahoma Statutes, which may result in treatment as deemed
appropriate by the court.
(D)
If the premises of a holder of a license to sell low-point beer contains a separate or
enclosed bar area which has as its main purpose the sale or serving of low-point beer
for consumption on the premises, no person under twenty-two (21) years of age shall
enter, attempt to enter, or remain in said area. The provisions of this subsection shall
not prohibit persons under twenty-one (21) years of age from entering or remaining in
an area which has as its main purpose some objective other than the sale or serving of
low-point beer, in which sales or serving of said beverages are incidental to the main
purpose, if the persons under twenty-one (21) years of age are not sold or served or do
not consume low-point beer anywhere on the premises; however, the incidental
service of food in the bar area shall not exempt persons under twenty-one (21) years
of age from the provisions of this subsection. Any person convicted of violating the
provisions of this subsection shall be guilty of a misdemeanor and punished by a fine
not to exceed One Hundred Dollars ($100.00). In addition, if the person has an
Oklahoma driver license issued by the Department of Public Safety, that license shall
be revoked for the period of time provided in Section 6-107.1 of Title 47 of the
Oklahoma Statues. If the person does not have an Oklahoma driver license, the person
shall be ineligible to obtain an Oklahoma driver license for the period of time provided
in Section 6-107.1 of Title 47 of the Oklahoma Statutes.
(E)
Except as otherwise provided, an admission charge shall not be considered in any
calculation designed to determine the main purpose of an area pursuant to subsection
B of this section. For purposes of this section, an “admission charge” shall mean any
68
form of consideration received by an establishment from a person in order for that
person to gain entry into the establishment or an area thereof.
(F)
The provisions of subsection E of this section shall not apply:
(1)
(2)
(3)
If only persons eighteen (18) years of age or older are permitted to enter the
licensed premises;
If the licensed premises are owned or operated by a service organization or
fraternal establishment which is exempt under Section 501 (c) (19), (8), or
(10) of the Internal Revenue Code; or
To a public event held in a facility owned or operated by any agency, political
subdivision or public trust of this state. (This section shall become effective
November 1, 2011, Approved Ordinance No. 1301, June 20, 2011).
§2-3-6. Regulation of hours and prohibiting nude dancing and drink solicitation.
(A)
It is unlawful for any person, firm, or corporation to sell non-intoxicating beverages or
low-point beer for consumption on the premises, between the hours of two (2) o’clock
a.m. and seven (7) o’clock a.m. on any day except Sunday, when such sales shall be
prohibited between the hours of two (2) o’clock a.m. Sunday and twelve (12) noon
Sunday. (Amended Ordinance No. 880, January 2, 1996)
(B)
It is unlawful for any person, firm, or corporation licensed to sell low-point beer for on
premised consumption or for the owner, operator, partner, manager or person having
supervising control of the establishment to allow nudity or drink solicitation. Nudity
as defined herein would be a person unclothed or in such attire, costume, or clothing
as to expose to view any portion of the areola of the female breast or any portion of
the pubic hair, buttocks or genitals. (Added Ordinance No. 1301, June 20, 2011)
Article 4. Penalty
§2-4-1. Penalty.
(A)
Any person who violates or fails to comply with any provision of this chapter or any
order or regulation made pursuant thereto, shall be guilty of an offense, and upon shall
be punished by a fine of not more than two hundred dollars ($200.00) plus court costs.
Each day upon which a violation continues shall be deemed a separate offense.
(Amended Ord. #534, Nov. 21, 1983 (Amended Ord. #1180, Oct. 16, 2006).
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70
CHAPTER 3
ANIMALS
Article 1. Definitions
§3-1-1. Definitions.
(A)
The following word and phrases when used in this chapter, shall have the meanings
prescribed in this section except in those cases where the context clearly indicates a
different meaning:
(1)
"Animal" means any horse, mule, donkey, pony, cow, sheep, goat, hog, dog,
cat, rabbit, chicken, goose, turkey, or another animal or fowl.
(2)
"At large" means not securely confined by a fence or other means on premises
under the control of, or occupied by, the owner, and not under the control of
the owner, a member of his immediate family over twelve (12) years of age or
an agent of the owner, by leash or otherwise, whether on the owner's premises
or not.
(3)
"Owner" means any person, firm, or corporation owning, harboring, or
keeping an animal. The occupant of any premises on which a domesticated or
tamed animal remains, or to which it customarily returns, for a period of ten
days or more, shall be deemed to be harboring or keeping the animal.
(4)
"Vicious dog" means a dog which has bitten, or attempted to bite, any person,
without undue provocation, or which attacks, or barks or growls at and acts as
if it intended to attack or bite, or bites a person or person, when not unduly
provoked. (Code 1972, § 3-1.)
Article 2. Animals: General
§3-2-1. Animals Not to be at Large.
(A)
No owner shall permit any animal owned, harbored, or kept by him, including a dog or
cat, to be at large except as hereafter provided; and it is unlawful for any animal
including a dog or cat, to be at large at any time within the city, except as hereinafter
provided.
(B)
Dogs or cats, which are not a nuisance or vicious as defined elsewhere in the Jenks
City Code, may be at large within non-platted AG zoned areas within the City of
Jenks. (Amended 1/17/94, Ord. #824).
§3-2-2. Turning Animals at Large Unlawful.
(A)
It is unlawful for any person to open any enclosure in which any animal is confined as
required by ordinance so as to turn such animal at large, or in any manner to turn such
animal at large. (Code 1972, §3-3.)
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§3-2-3. Pasturing Public Areas, etc., Illegal
(A)
It is unlawful for any person to stake, confine, or pasture any animal on any public
school ground or other public property, federal, state, city, or other, on any railroad
right-of-way, or any property without the consent of the person owning or controlling
such property. (Code, 1972, § 3-4)
§3-2-4. Swine Prohibited.
(A)
No swine shall be kept within the City except temporarily in a stock yard awaiting
transportation or except upon a tract not within a subdivision and not less than seven
(7) acres in size, unless the same has been properly permitted as an "Exotic Animal"
under Article 7 of this chapter. (Amended Ord. #783, July 20, 1992)
§3-2-5. Animals Which Disturb Prohibited.
(A)
It is unlawful for any person to keep or harbor within the city any dog or other animal
which, by barking, howling, or otherwise, disturbs the peace and quiet of any person
or persons. (Code 1972, §3-6)
§3-2-6. Buildings for Animals.
(A)
Every stable or building wherein any horse, mule, donkey, pony, cow, goat, sheep, or
animal raised for fur-bearing purposes shall be kept within the city, shall be
constructed of such material and in such manner that it can be kept clean and sanitary
at all times.
(B)
Every such stable or building, if located within two hundred feet of any tenement or
apartment house, hotel, restaurant, boarding house, retail food store, building used for
educational, religious, or hospital purposes or residence other than that occupied by
the owner or occupant of the premises upon which such animal is kept, shall be
provided with a water-tight and fly-tight receptacle for manure, of such size as to hold
all accumulations of manure. Such receptacle shall be emptied sufficiently often and
in such manner as to prevent it from being or becoming a nuisance and shall be kept
covered at all times except when open during the deposit or removal of manure or
refuse. No manure shall be allowed to accumulate on such premises except in such
receptacle. (Code 1972, §3-7)
(C)
The minimum space required for animals referred to in (A) above are as follow:
(1)
No more than one (1) on less than one (1) acre.
(2)
No more than two (2) per acre as a maximum.
§3-2-7. Stables, Kennels, Coops, etc.: Location
(A)
No stable, dog kennel, chicken coop, dovecote, rabbit warren, yard, or other
establishment wherein animals are kept, shall be maintained closer than forty (40) feet
to any tenement or apartment house, hotel, restaurant, boarding house, retail food
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store, building used for educational, religious, or hospital purposes, or residence other
than that occupied by the owner or occupant of the premises upon which such animal
is kept. (Code 1972, §3-8.)
§3-2-8. To be Kept Clean, etc.
(A)
Every stable, structure, pen, coop, or place wherein an animal is kept or permitted to
be, shall be maintained in a clean and sanitary condition, devoid of rodents and
vermin, and free from objectionable odors. (Code, 1972,§3-8.)
§3-2-9. Manure.
(A)
Manure shall be hauled outside the city in a manner which does not jeopardize the
public health, or else shall be spread evenly upon the ground and turned under at once
or as soon as the weather permits. (Code 1972, §3-10)
3-2-10. Inspections.
(A)
The animal control officer, police officer, or other designee of the city manager, upon
complaint of any person, shall inspect any structure or place where an animal is kept,
and may do so on his own initiative. He may issue any such reasonable order as he
may deem necessary to the owner of such animal to cause such animal to be kept as
provided in this chapter or in a manner so as not to constitute a nuisance. He may
make a complaint before the municipal judge against any person for violation of any
provision of this chapter or of any such reasonable order; but this shall not abridge the
right of others to make such complaint. (Code 1972, §3-11.)
Article 3. Dogs: Vaccination, Tax, License, etc.
§3-3-1. Dogs to be Vaccinated.
(A)
The owner of a dog shall have the dog vaccinated against rabies by a veterinarian or
other authorized person every calendar year before the first day of May thereof, or in
the case of a pup, before he is six (6) months old. The person vaccinating the dog shall
furnish the owner a certificate of vaccination. (Code 1972, §3-12.)
§3-3-2. Dog Tax; Registration; Tag.
(A)
A tax of three dollars ($3.00) per year for every mate or spayed female dog more than
six (6) months of age, and. a tax of five dollars ($5.00) for every unspayed female dog
more than six (6) months of age, is-hereby levied upon the owner of any such dog kept
or harbored within the City. (Amended Ord. #.641, May 4, 1987.)
(B)
The tax shall not apply to a dog only temporarily brought and kept with-in the city,
nor to a dog brought within the city to participate in a dog show, nor to a "seeing eye"
dog when such dog is actually being used by a blind person to aid him in going from
place to place, nor to dogs being kept in kennels or pet shops for sale.
(C)
The owner shall pay such tax to the city clerk for every calendar year before the first
(1) day of May thereof, or upon acquiring after said day any dog within the city upon
which the tax has not been paid for the year in which acquired, or upon bringing a dog
into the city after said day.
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(D)
Before the city clerk accepts any money offered in payment of the tax for a dog or
issues a license for it, the person offering the tax shall present to the city clerk the
certificate of a veterinarian or other person legally authorized to immunize dogs,
showing that the dog has been immunized against rabies during the calendar year (that
is, since the thirty-first (31) of last December).
(E)
The owner of the dog shall, at the time of paying the tax, register the dog by giving to
the city clerk, the name and address of the owner, the name, breed, color, and sex of
the dog, and such other reasonable information as the city clerk may request.
(F)
The city clerk thereupon shall deliver an original receipt to the taxpayer and also an
appropriate tag to him for the dog. Such tag shall constitute a license for the dog.
(Code 1972, §3-13)
§3-3-3. Tag to be Placed on Dog Collar; Lost Tags.
(A)
The owner shall cause the tag received from the city clerk to be affixed to the collar of
the dog upon which the tax has been paid so that the tag can easily be seen by offficers
of the city; and the owner shall see that the tag is so worn by the dog at all times.
(B)
In case the tag is lost before the end of the year for which it was issued, the owner may
secure another for the dog by applying to the city clerk, presenting to him the original
receipt, and paying to him a fee of one dollar ($1.00). (Code 1972, §3-14.)
§3-3-4. Tags: Counterfeiting, Placing on Other Dogs.
(A)
No person shall counterfeit, or attempt to counterfeit, any tag issued for a dog as
provided in this chapter, or take from any dog a tag legally placed on it, or place such
tag upon a dog for which the tag was not specifically issued. (Code 1972, §3-15)
§3-3-5. Vicious Dogs May be Killed.
(A)
Any person may kill a dog in self-defense or in defense of another when the dog,
without undue provocation, bites him or the other, or attacks, or attempts to bite or
attack, him or the other in such manner that an ordinarily prudent person would be led
to believe that the person toward whom the efforts of the dog are directed is about to
be bitten or otherwise physically harmed. (Code 1972, §3-16.)
§3-3-6. Rabid Dog May be Killed.
(A)
Any person may kill a dog the appearance or conduct of which is such as would cause
an ordinarily prudent person to believe the dog to be afflicted with rabies. (Code 1972,
§3-17.)
Article 4. Pound: Establishment, Operation
§3-4-1. Pound Established.
(A)
A city pound is hereby established under the jurisdiction of the police department. It
shall be under the immediate control of a pound man or of such other person as may
be officially designated. The person in charge of the pound shall provide proper
sustenance for all animals impounded and shall treat them in a humane manner. (Code
1972, §3-18.)
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§3-4-2. Animals to be Impounded.
(A)
The pound man, a policeman, or such other officer or employee of the city as the city
manager may authorize, shall take into custody and impound any animal running in
violation of any provision of the ordinances of the city, may enter upon the premises
of the owner or other private premises to take such animal into custody; and if with
reasonable effort a dog or a cat illegally at large cannot be caught, may kill it, either
on or off private premises.
(B)
Any other person may take such animal into custody and present it to the authority in
charge of the pound for impounding. The council, by motion or resolution, may
provide for the payment of rewards to private persons who present such animals at the
pound, when an appropriation exists for the purpose.
(C)
Animals which are of no apparent value, taken into custody as provided in this section,
shall be destroyed in a humane manner by the officer or employee of the city in charge
of such animal or by the pound man, after a seventy-two (72) hour holding period.
(Code 1972, §3-19.)
§3-4-3. Breaking Pound, etc.
(A)
No unauthorized person shall break, or attempt to break, open the pound or take or let
out any animal there from, or take or attempt to take from any officer or employee of
the city any animal taken into custody as provided by ordinance, or in any manner
interfere with or hinder such officer or employee in the discharge of his duties relating
to the taking into custody and impounding of animals as provided in this chapter.
(Code 1972,§3-20)
§3-4-4. Fees for Impounding, etc.
(A)
(B)
The fees for impounding an animal, to be paid upon redemption shall be as follows:
(1)
For any horse, mule, donkey, pony, cow or similar large animal:
For impounding
$10.00
For keeping each day
$ 3.00
(2)
For any dog, hog, sheep, goat or other similar animal:
For impounding
$10.00
For keeping each day
$ 2.00
(3)
For any fowl:
For impounding
For keeping each day
$ 2.00
$ 1.50
In computing the fee, a fraction of a day during which an animal has been fed shall be
deemed a full day.
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(C)
Any person redeeming an impounded animal shall pay the above fees to the city clerk
and present his receipt therefore to the person in charge of the pound before the latter
releases the animal.
(D)
Furthermore, any person redeeming a dog not licensed as required by ordinance shall
exhibit to the city clerk evidence of said dog having received a current rabies shot, and
shall pay the required license tax to the city clerk and secure a tag and present the
receipt therefor and the tag to the person in charge of the pound before the latter
releases the dog. If a dog has been licensed but is not wearing the tag, the person in
charge of the pound shall require adequate evidence of the proper licensing of the dog
before releasing it. (Code 1972, §3-21.)
(E)
The owner of any animal or fowl, having permitted the same to become impounded or
subject thereto, shall be guilty of an offense against the city and subject to the
following punishment, to-wit:
(1)
For the first offense, the owner of any such animal or fowl shall be subject to
a fine of ten dollars ($10.00) plus court costs and the payment of impounding
fees and keeping charges to secure the release of any such animal or foul
impounded.
(2)
For the second offense and each offense thereafter, the owner of any such
animal or fowl shall be subject to a fine of thirty-five dollars ($35.00) plus
court costs and the payment of impounding fees and keeping charges to secure
the release of any such animal or fowl impounded.
§3-4-5. Owner May Redeem.
(A)
An owner of an impounded animal or his agent may redeem the animal, prior to its
sate or destruction as provided for herein, and paying the required fees against the
animal and meeting any other requirements which may be prescribed in this chapter.
(Code 1972, §3-22.)
§3-4-6. Sale of Impounded Animals.
(A)
As soon as practicable after any animal of apparent value has been impounded, the
pound man or other employee or officer impounding the same, shall inform the chief
of police; and the chief of police shall thereupon post a notice thereof at the police
office of the city. Such notice shall describe the animal and notify the owner to pay the
charges thereon and remove the same prior to the time fixed for the sate thereof; and
such notice shall also state that, unless the animal is redeemed, the animal will be sold
at public auction at the time and place named in the notice. The time of holding such
sate of dogs and fowls shall not be before the third day after the posting of the notice;
and the time of holding such sate of other animals shall not be before the tenth (10)
day after the posting of the notice.
(B)
Sales herein provided for shall be for cash to the highest bidder, and shall be
conducted by, or under the direction of, the chief of police. If there is no bid, the chief
of police shall provide for and conduct another sale for the sale of such animal by
posting a notice thereof at the police office if he believes that a bid would be made at a
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later time, otherwise, after any offering of an impounded animal at a sate without a
bidder, he shall destroy the animal, or have it destroyed, in a humane manner.
(C)
The purchaser of an animal at a sate held as provided herein, shall acquire absolute
title to the animal purchased.
(D)
The chief of police shall pay to the city clerk all money received from the sate of
impounded animals on the day it is received or on the next day upon which the office
of the city clerk is open for business. (Code 1972, §3-23.)
§3-4-7. Owner may Claim Excess Money.
(A)
The owner of an impounded animal sold as provided herein, may claim the excess of
the sale price of the animal above the fees for impounding and keeping the same and a
fee of five dollars ($5.00) to reimburse the city for any expense it has had in making
the sale, at any time within three (3) months after the sate. If a claim is so made and
approved by the council, the city clerk shall pay him such excess, but if a claim is not
so made, the excess shall belong to the city. (Code 1972, §3-24.
Article 5 Cruelty to Animals
§3-5-1. Cruelty to Animals.
(A)
It is unlawful for any person willfully and maliciously to pour on, or apply to, an
animal any drug or other thing which inflicts pain on the animal; or knowingly to treat
an animal in a cruel or inhumane manner; or knowingly to neglect an animal
belonging to him or in his custody in a cruel or inhumane manner. (Code, 1972 §3-25)
§3-5-2. Poisoning Animals.
(A)
It is unlawful for a person willfully to poison any dog or other animal except a
noxious, non-domesticated animal; or knowingly to expose poison so that the same
may be taken by such an animal. (Code 1972, §3-26)
§3-5-3. Encouraging Animals to Fight, etc.
(A)
It is unlawful for any person to instigate or encourage a fight between animals; or to
encourage one animal to attack, pursue, or annoy another animal except a noxious,
non-domesticated animal; or to keep a house, pit, or other place used for fights
between animals. (Code 1972, §3-27.)
Article 6. Penalty
§3-6-1. Penalty.
(A)
Any person who violates or fails to comply with any provision of this chapter or any
legal order or regulation made pursuant thereto, shall be guilty of an offense, and upon
conviction thereof shall be punished by a fine of not more than one hundred dollars
($100.00) plus court costs, unless otherwise provided for in this chapter. Each day
upon which a violation continues shall be deemed a separate offense. (Amended Ord.
#534, Nov. 21, 1983.
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Article 7. Regulation of Exotic Animals
§3-7-1. Exotic Animal Defined.
(A)
An "exotic" animal is defined as any animal not normally considered domesticated,
and shall include but not be limited to:
(1)
Class Reptilia: Order Phidia (such as racers, boas, water snakes and pythons)
and Order Loricata (such as alligators and crocodiles);
(2)
Following members of the Class Aves: Order Falconiforms (such as hawks,
eagles and vultures) and Subdivision Ratitae (such as ostriches, rheas,
cassowaries and emus).
(3)
Class Mammalia: Order Carnivora, Family Felidae (such as ocelots, tigers,
jaguars, leopards and cougars), except commonly accepted domesticated cats;
the Family Canidae (such as wolves, dingos, coyotes and jackals), except
domesticated dogs (unless, after complaint and investigation by the City
Manager or his designee, the dog is determined to be vicious or has previously
attacked or bitten a person); Family Mustelidae (such as weasels, mink,
badgers); Family Procynnidae (racoon); Family Ursidae (such as bears); and
Order Marsupialia, (such as kangaroos and common opossums), Order
Edentata (such as sloths, anteaters and armadillos), Order Proboscidea
(elephants), Order Primata (such as monkeys, chimpanzees and gorillas),
Order Rodenta (such as porcupines) and Order Ungulata (such as antelope,
deer, bison, camels, and potbellied pigs).
§3-7-2. Prohibited Exotic Animals.
(A)
Any exotic animal or species prohibited by federal and/or Oklahoma law.
(B)
Any exotic animal or species when kept in such numbers or in such a way as to
constitute likelihood of harm to the animals themselves, to human beings or to the
property of human beings, or which constitutes a public or private nuisance.
(C)
Bats.
(D)
Skunks, except those owned by individuals on the effective date of this ordinance and
provided that an Exotic Animal Permit is obtained for such skunks within 60 days of
such effective date.
(E)
Any large, non-domesticated, carnivorous animal in the Family Felidae (such as
ocelote, tigers, jaguars, leopards, and cougars), in the Family Canidae (such as wolves,
dingos, coyotes and jackals) and in the Family Ursidae (such as bears).
(F)
Three or more exotic animals over six (6) months of age unless the premises upon
which the exotic animals are housed is zoned Commercial General (CG).
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§3-7-3. Exclusions.
(A)
Notwithstanding the above, a valid zoological park, veterinary hospital, humane
society, shelter, public laboratory, circus, sideshow, educational or scientific facility,
provided protective devices adequate to prevent such animal from escaping or injuring
the public as provided, are excluded from the provisions of this Article.
§3-7-4. Procedures for Applying For and Renewing an Exotic Animal Permit.
(A)
No person shall receive, purchase, own or keep any exotic animal without first
applying with the City of Jenks and receiving a permit to do so. Notwithstanding the
above, those persons in possession of exotic animal(s) when they become a resident of
Jenks in the future or who possess said animals when this section of the ordinance
becomes effective have a 60-day period in which to apply for said permit before the
penalty provisions of this ordinance become applicable.
(B)
No person shall apply for an exotic animal permit without first obtaining any required
state or federal permits.
(C)
The application for a permit shall contain the name of the applicant; his address,
phone number, social security number, date of birth, the address of the proposed
location of the exotic animal(s), if different from the applicant's; a brief description of
the applicant's plan for keeping the exotic animal(s) which shall include the species of
animal, the number of individuals of each species; and a description of the housing
facilities; a list of individuals qualified to care for the animal(s) desired or that have
agreed to advise or assist the applicant in the proper care and treatment of the said
animal and who would be willing to recommend the person applying for the permit;
the list of publications which the applicant has studied in order to qualify for a permit
for the said animal(s). If the property on which the exotic animal is to be located is not
owned by the applicant, then written approval of the property owner to have an exotic
animal on the premises shall be provided. The application shall be submitted with a
non-refundable $35.00 application fee. In addition, the applicant shall provide
evidence of public liability insurance coverage in an amount of not less than $25,000
for the premises upon which the exotic animal(s) will be housed.
(D)
Upon receipt of the application, a City representative and a qualified designee of the
City Manager shall inspect the facilities where the animal(s) are to be housed and shall
make whatever other investigations they deem necessary.
(E)
At the applicant's expense, notice of the hearing before the Jenks City Council on
consideration of the application for an exotic animal permit shall be given to all
landowners within a 300 foot radius of the exterior property boundary on which the
exotic animal is to be housed by first class mailing at least 15 days prior to the
proposed hearing. Such notice will specify the type(s) of exotic animal(s) to be housed
and the location thereof and the date, time, and place of the hearing. In addition, the
applicant shall post notice on the property, pursuant to the zoning code provisions for
same, where the exotic animal will be housed for at least 15 continuous days prior to
the City Council hearing date that application for an exotic animal permit is being
sought and specifying the date, time and place of hearing.
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(F)
If the Jenks City Council approves the application by finding that the granting of such
permit will not constitute a menace to the health, peace or safety of the community
and that adequate safeguards have been made, then the permit shall be issued by the
Jenks City Manager or his designee and shall be valid for one calendar year.
Whenever a new exotic animal is added, except for newborns under six (6) months of
age, a new application for permit must be secured and a new application fee shall be
due and payable at the time of application for the permit and shall be a pre-requisite to
issuance of a permit for the new exotic animal.
(G)
The Exotic Animal Permit shall be valid for one year, and must be renewed within 30
days thereafter; and an inspection is required prior to the renewal of the Exotic Animal
Permit. The annual fee of renewal is $20.00 which includes one inspection. Additional
inspections to determine if deficiencies have been corrected shall be $20.00 each. If
during the preceding year, more than the initial permit has been issued for the
applicant, the former permits may be consolidated so that only one renewal permit is
required; provided, however, that the renewal date for the consolidated permit shall be
the date of the issuance of the earliest initial permit. The City Manager or his designee
may deny the application for renewal-for cause. If a renewal permit is denied, the
applicant may appeal the denial to the Jenks City Council within 15 days of notice of
denial by filing a written notice of appeal with the Jenks City Clerk.
(H)
A change of residence of the applicant for an exotic animal permit or change of
location for the exotic animal, shall require a new application and permit within fifteen
(15) days of the change in residence or location.
(I)
The exotic animal permittee must notify the City Manager when changing his
residence or location on the same property of the exotic animal(s), or selling or otherwise disposing of the exotic animal(s) for which the permit was issued within fifteen
days of such action.
§3-7-5. Health Requirements.
(A)
Individuals authorized to acquire an exotic animal must, within 15 days of acquisition,
submit to the City Manager or his designee, a health certificate from a qualified
veterinarian stating that the animal has been vaccinated in accordance with the
applicable laws and time schedules.
§3-7-6. Housing Facilities and Care Required for Exotic Animal Permit.
(A)
Housing shall be sufficiently spacious and ventilated and shall be kept clean and
sanitary at all times.
(B)
The exotic animal(s) shall be provided with proper food, water and attention and not
exposed to cruel or inhumane treatment.
(C)
The exotic animal(s) shall be kept and cared for in such a way as to not endanger the
safety of any person or property.
§3-7-7. Inspection.
(A)
Permits issued pursuant to the provisions of this section shall be surrendered for
inspection upon request of the Jenks City Manager or his designee. The premises on
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which an exotic animal is maintained shall be open at any reasonable hour and in a
reasonable manner for inspection by the Jenks City Manager or his designee. In the
event of failure to abide by the regulations herein, the permit may be withdrawn by the
City Manager or his designee.
§3-7-8. Impoundment.
(A)
For failure to have a permit in advance of obtaining an exotic animal or to renew said
permit within 30 days of the expiration date, or upon suspension of an exotic animal
permit, the City Manager or his designee shall have the authority to enter the premises
where the exotic animal is kept at any reasonable hour to impound said animal. In case
of an emergency, the City Manager or his designee, shall have the authority to enter
the premises where the exotic animal is kept, and to impound said animal. The animal
shall be surrendered upon demand of the Jenks City Manager or his designee.
Procedures for reclamation and destruction of impounded exotic animals shall be
followed pursuant to Article 4 of this Chapter. The exotic animal may be returned to
its owner if the problem for which it was impounded is corrected within the period
allotted in Article 4 of this Chapter and all penalties and charges are paid. In the event
the City pound facility is inadequate for housing the impounded exotic animal, the
City may have the same housed at another facility and the owner of such exotic animal
shall be responsible for all costs incurred, even if they are in excess of those set forth
in Article 4.
(B)
In the event an exotic animal is a threat to the individual seeking to impound it, the
impounding person may have the exotic animal humanely destroyed.
§3-7-9. Appeals.
(A)
Appeal of actions by the City Manager or his designee beyond the application process
shall be made in writing to the City Clerk within seventy-two (72) hours of the action
complained of. Such time period shall not include weekends and official city holidays.
(Enacted Ord. #783, July 20, 1992)
§3-7-10. Revocation of Permit.
(A)
An exotic animal permit may be revoked by the City Manager for any of the following
reasons, to-wit: false or misleading information on an application for an Exotic
Animal permit or a renewal permit; failure to secure an additional permit within the
proscribed time period when an additional exotic animal is located on the premises;
changes in the character of the premises on which the exotic animal is located, or the
adjacent areas, which would cause the continued retention of the exotic animal to be a
threat to safety of the public or a nuisance , or endangerment of the exotic animal;
failure to abide by the provisions of this article regulating exotic animals; or, failure to
take corrective action as may be directed by the City Manager or his designee to
correct noted deficiencies. (Added Ord. #939, Nov. 17, 1997).
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CHAPTER 4
BUILDING, PLUMBING, ELECTRICAL, and MECHANICAL INSTALLATIONS
Article 1. Building Code and Regulations.
§4-1-1. Adoption of Codes
(A)
There is hereby adopted for the purpose of establishing rules and regulations for the
construction, alteration, removal, demolition, equipment, use and occupancy, location
and maintenance of buildings and structures, those certain codes designated as the
2006 versions of the International Building Code identified as: the International Fire
Code, the International Plumbing Code, the International Mechanical Code, the
International Fuel Gas Code; and the 2009 International Residential Code (IRC) for
One and Two Family Dwellings and Townhouses as amended and modified by the
Oklahoma Uniform Building Code Commission (OUBCC); and the Life Safety
Codes, and the 2008 version of the National Electric Code. That the same are hereby
adopted as if fully set out at length herein. That any other references in the Jenks City
Code to other versions of said codes are repealed and substituted with the above code
versions. That no other additions or codes shall be adopted without specific City
Council approval. The Construction of any structure may not be performed without
first obtaining a building permit through the City of Jenks, provided that residential
accessory structures less than 100 square will not require a permit but must be in
compliance with all other site regulations. (Adopted June 15, 2009, Ord. # 1253 and
September 6, 2011, Ord. # 1305)
§ 4-1-2. Definitions.
(A)
Wherever the word "municipality" is used in the Building Code, it shall be held to
mean the City of Jenks.
(B)
Wherever the term "corporation counsel" is used in the Building Code, it shall be held
to mean the City Attorney of this city.
§4-1-3. City Building Official, Inspectors, etc.
(A)
The city building official shall have the powers, duties, and functions prescribed for
the "building official" by said Building Code and other codes adopted by this chapter;
provided that such powers, duties, and functions may be performed by authorized
representatives of the building official and under his supervision and control. Such
authorized representatives of the building official may bear such titles as "building
inspector", "gas inspector", "plumbing inspector", "electrical inspector", mechanical
inspector", etc., as may be deemed appropriate to indicate their respective areas of
concern; and when any ordinance provision of any code adopted by this chapter
prescribes any power, duty, or function for any of such authorized representatives of
the building official, the building official himself shall also have such power, duty or
function in the absence of the designated representative of the building official.
(B)
There is hereby created an office combining the Plumbing Inspector's office and the
Electrical Inspector's office into a single office, thereby creating an office for the
purpose of conducting multiple inspections. The City building official shall have the
powers and duties of this office and bear such titles as set forth in Section 4-1-3 (A).
(Added 10/4/93, Ord. #815)
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§4-1-4. Non-Classified Roof Coverings.
(A)
(B)
Wood shingles and wood shakes are prohibited on all buildings except one and two
family dwellings, and accessory buildings to such dwellings. Other non-classified roof
coverings shall be permitted on the buildings and structures listed below.
(1)
Building and structures of unprotected frame. (Type 4B) construction when
the distance from any other building is not less than twelve (12) feet.
(2)
Private garages, air plane hangars and similar accessory structures, not
exceeding one (1) story or twenty (20) feet in height and twenty-five hundred
(2500) square feet in area. When outside the fire limits, located in the same lot
with a dwelling and with a fire separation of not less than twelve (12) feet.)
(3)
Moderate and low hazard storage buildings (use groups S-1 and S-2) not
exceeding one (1) story or twenty (20) feet in height and six thousand (6,000)
square feet in area with a fire separation of not less than twelve (12) feet. Fire
walls may be used to obtain the required fire separation.
That all ordinances or part of ordinances in conflict herewith be and the same are
hereby expressly repealed. (Amended Ord. #374, April 21, 1980, and Ord. #391, Oct.
6, 1980)
§4-1-5. Fire limits.
(A)
The fire limits, or fire zone, of the City of Jenks shall comprise the following areas:
An area consisting of one (1) block on either side of Main Street from its intersection
with the Arkansas River west to its intersection with Koa Street, all within the
corporate limits of Jenks, Oklahoma. (Ord. 207, §I)
§4-1-6. Building Permits: Application, Issuance, Fees.
(A)
Applications for building permits (including permits for moving buildings) shall be
made to the building official as provided in the Building Code; and the building
official shall issue such permits as provided in the Building Code, provided, however,
that no permit for the construction, erection, or improvement of any facility for
restaurant or food service use shall be issued until such building plans have been
submitted to and approved by the T.C.C.H.D.
(B)
No permit shall have any force or effect unless it has attached to it, or written upon it,
a receipt of statement of the city clerk's office showing the payment of any and all fees
required by this section or any other ordinance provision.
(C)
Building Permit fees are authorized in a Master Fee Schedule for Chapter 4 Building,
Plumbing and Electrical Installations for cost recovery of services. The Master Fee
Schedule is herein initially filed by the City manager with City Council and shall
periodically be updated and revised as authorized by City Council as a part of the
budget resolution and public hearing process.
(D)
See initial “Master Fee Schedule for Chapter 4 Building, Plumbing, and Electrical
Installations” for current Permit Fee requirements.
(E)
That in the event a person has paid a building permit fee as provided in this Chapter,
including a plumbing, electric, mechanical inspection fee or driveway cut fee, and
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requests a refund thereof prior to any inspections being done for the reason that they
want to abandon the permits and not pursue construction, then all but 25% of said fees
shall be refunded. That the 25% retained shall cover costs of processing the permits. If
any inspections have been made, then no portion of said fees shall be refunded.
Further, that no fees will be refunded if requested more than six (6) months after
application for said permits. Said application for refund shall be made to the City
Clerk. (Added, Ord. #526, August 15, 1983)
(F)
That prior to any inspections being made, the City Building Inspector may require that
the corners of the lot upon which the construction is to take place shall be staked.
(Amended, Ord. #771, February 3, 1992)
§ 4-1-7. Governmental Subdivision Inspection Application, Fees.
(A)
Applications for governmental subdivisions building inspection shall be made to the
building official as provided by the Oklahoma Uniform Building Code Commission
Act (2009), and the Building Official shall inspect public facilities according to the
Building Codes of the City and as may be provided by State Statutes.
(B)
The City Manager shall cause to be filed with the City Clerk a schedule of inspections
direct and indirect costs for each inspection in conformity with the provision of the
State Statutes. See initial “Master Fee Schedule for Chapter 4 Building, Plumbing, and
Electrical Installations” for current Governmental Subdivision Inspection Fee
requirements.
(C)
No, inspections shall be performed until inspection fees have been remitted and
received by the City Clerk’s Office required by this Section.
(D)
Governmental Subdivisions shall receive a qualifying building permit without fee
except for any fee required by the State Commission for the State Commission
administering the Oklahoma Uniform Building Code and the fifty cents administration
fee for administering the State required collection, which shall be paid by the applicant
for a building permit to the City Clerk’s Office. (Added Ord. #1255 July 6, 2009)
§ 4-1-8. Oklahoma State Uniform Building Code Fee
(A)
No building permit shall be issued until the fee required by the State Commission
administering the Oklahoma Uniform Building Code has been paid by the applicant
for a building permit. The fee shall be received by the City Clerk’s Office and the City
Clerk shall collect an additional fifty cents for administration of the State required
collection. (Added Ord. #1255 July 6, 2009)
Article 2. Moving Buildings
§4-2-1. License Required.
(A)
Every person who shall engage in the business of moving buildings and structures
within the City of Jenks shall obtain a license therefore from the city clerk, and no
such license shall be granted until the party applying therefore shall have given the
bond required by the next succeeding section hereof. Any person engaging in the
occupation of house moving shall pay a license fee of Twenty-five dollars ($25.00)
per annum, which shall expire on July 1st of each year. (Code, 1972; Amended Ord.
#334, January 2, 1979)
§4-2-2. Bond Required:
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(A)
The bond to be given by a licensed house mover shall be executed to the City of Jenks
in the penal sum of twenty-five hundred ($2,500.00) dollars with a surety company
authorized to do business in the State of Oklahoma as surety thereon, which said bond
shall be for the benefit of the city and any private person or corporation sustaining
damages under the conditions thereof. Any such private person or corporation shall be
entitled to sue thereon, in his or its own name. The bond shall be conditioned, among
other things, that if the license shall be granted, the licensee will in all respects comply
with the ordinances of the city relating to the moving of buildings or structures and to
the use or obstruction of the streets, highways, and other public ways and protect the
City from all liability which may arise or be occasioned either directly or indirectly
from the moving of any building or structure of the licensee, his agents, servants,
employees, workmen, contractors, or subcontractors, while engaged in any work in
connection with the moving of any building or structure, including any loss or
damages which may be sustained because of the stoppage of any business or industry
located along the route over which the building or structure shall be moved, paused or
occasioned by the operation of moving such building or structure. (Code 1972,§4-8)
§4-2-3. Permit Required.
(A)
No building or structure now or hereafter erected within the corporate limits of the
City of Jenks shall be removed or relocated without a permit for such work issued by
the city clerk, upon written application made therefore. (Code 1972, §4-9)
§4-2-4. Application for Permit.
(A)
No application for a permit to move any building or structure on, over, along, or
across any street or highway shall be granted to any person other than a licensed house
mover, who shall file with the city clerk a written application there-for, definitely
stating in such application:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
§4-2-5.
(A)
Type and kind of building to be moved;
The original cost and present value of such building;
The extreme dimensions of the length, height, and width of the building;
Its present location and proposed new location by lot, block, sub-division, and
street numbers.
The approximate time such building will be upon the streets, and the
contemplated route that will be taken from present to new location.
That the moving of this building does not violate the fire district requirements,
or any other requirements of the ordinances of the City.
That prior to beginning moving said structure, the applicant will inform the
Police Department of Jenks.
Action on Application.
When such application is filed with the city clerk, it shall be his duty to immediately
notify the fire chief and the city manager. Upon receiving such notification, the city
manager, or his duly appointed representative, shall examine the proposed moving
route and make such changes therein as he shall deem necessary, or designate an
entire new route, and attach to the application for such permit his certificate of
approval of such designated moving route. The building inspector shall then make the
inspection required relating to his department; and if it is found by them that the
building or structure can be moved and relocated in accordance with the requirements
of this article, it shall then be the duty of the city clerk to issue a permit for such work,
otherwise such permit shall be refused. (Code 1972, §4-12)
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§4-2-6. Fees for Permit.
(A)
Moving Permit fees are authorized in a Master Fee Schedule for Chapter 4 Building,
Plumbing and Electrical Installations for cost recovery of services. The Master Fee
Schedule is herein initially filed by the City manager with City Council and shall
periodically be updated and revised as authorized by City Council as a part of the
budget resolution and public hearing process.
(B)
See initial “Master Fee Schedule for Chapter 4 Building, Plumbing, and Electrical
Installations” for current Permit Fee requirements.
§4-2-7. Height Regulation.
(A)
No building or structure of a height of more than thirty (30) feet shall be moved on,
over, along, or across any street or highway, unless such building or structure shall be
cut to such height before the operation of moving same shall be begun. (Code 1972,
§4-14)
§4-2-8. Moving Over Asphalt Paving.
(A)
During the months of June, July, August, and September of any year, no building or
structure having an area of more than five hundred (500) square feet, unless approved
by the Director of Public Works, shall be moved on, over, along, or across any street
or highway paved with asphalt or oil. All buildings shall be moved on pneumatic tires
only. This regulation shall not apply to mobile homes. (Code, 1972, §4-15.)
§4-2-9. Area Restrictions.
(A)
It is unlawful to move on, over, or across any street or highway, any building or
structure having an area of one thousand (1,000) square feet or more, unless the city
council shall, by a majority vote, approve the application for a permit therefore. (Code
1972, §4-16)
§4-2-10. Public Safety Requirements.
(A)
Every building which occupies any portion of public property after sun-down, shall
have sufficient lights continuously burning between sunset and sunrise for the
protection of the public.
(B)
Number and location. There shall be a minimum of five (5) red lights placed on each
street side of the building; such red lights shall be attached to the building in such a
fashion as to indicate extreme width, height, and size.
(C)
Flares required. There shall be placed, in addition to the red lights on the building,
flares at regular intervals for a distance of two (200) hundred feet up the street on each
side of the building.
(D)
Flagmen required. When a street is blockaded at night by a building, the same shall be
protected by flares or red lights at each intersection of the block occupied by the
building, or when, in the opinion of the building inspector, flagmen are necessary to
divert or caution traffic, the owner or person moving such building shall employ, at
their expense, two (2) flagmen, one at each street inter-section beyond the building;
such flagmen shall remain at these intersections diverting or cautioning traffic from
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sunset to sunrise; provided that red flags shall be used in daytime. (Code 1972, §4-17)
§4-2-11. Conduct of Moving.
(A)
The work of moving any building or structure on, over, along or across any street or
highway shall begin within five (5) days after the issuance of a permit therefore and
once begun, shall be prosecuted diligently and continuously day and night, Sundays
and holidays, so as not to allow the building or structure to come to a standstill until
same is relocated on its new site; provided that the city manager, in an emergency,
may grant a temporary suspension of said work for a period of not longer than twelve
(12) hours at any time; and provided further, that no permit shall be granted to leave
any building or structure standing at night in any street intersection.
(B)
When any building or structure is so permitted to remain at a standstill in any street or
highway at night, the house mover shall notify the fire chief of the location of the
same, and shall post at each end and on each side of such building or structure, two or
more lights with red glass globes in a secure and conspicuous position, and shall place
barricades at each end of such building at a distance of fifty (50) feet there from with
lights thereon as above required on said building.
(C)
During any moving operation, the house mover shall keep a watchman at all times
about said building, whether the same be moving or standing, for the purpose of
keeping any posted lights burning at night and warning the traffic with flags in the
daytime.
(D)
When necessary to protect pavement or sidewalks, planks of sufficient size and
thickness to prevent injury to such pavement or sidewalks shall be laid for the wheels
of the moving trucks to travel on.
(E)
The city manager shall have power to require the use of other pre-cautionary measures
than those specifically mentioned in this article when necessary or proper to protect
life, limb, or property. (Code 1972, §4-18)
§4-2-12. Poles and Wires.
(A)
Whenever for the purpose of facilitating the moving of any building, it is necessary to
raise or cut any electric, telephone, or telegraph wire or cable, it shall be the duty of
the house mover having charge of the moving of such building to give the person or
corporation owning or operating said poles, wires, or cables at least twelve (12) hours
notice of the time and place, when and where the removal of such poles or the raising
or cutting of such wires or cables will be necessary.
(B)
In case the poles or wires of the fire or police telephone or alarm systems are to be
interfered with, such notice shall be served upon the fire chief.
(C)
After the service of notice as aforesaid, it shall be the duty of the person or corporation
owning or operating said poles, wires, or cables, or the duty of fire chief, as the case
may be to furnish competent workmen or linemen to remove such poles or raise or cut
such wires or cables. The cost of such service shall be arranged for and paid by the
house mover. No house mover shall raise, cut, or move any such poles, wires, or cable
unless the person or authorities owning or having control of the same fail or refuse so
to do after notice as aforesaid, and then only competent workmen or linemen shall be
employed in such work under the supervision of the fire chief and the city manager,
and the same shall be done in a careful and workmanlike manner and the said poles,
wires, and cables promptly replaced and damages thereto promptly repaired at the
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expense of such house mover. (Code 1972, §4-19)
§4-2-13. Trees and fixtures.
(A)
No tree on any street shall be injured or removed, nor the branches of any tree be cut
or trimmed, in order to facilitate the moving of any building, except with the consent
and under the supervision of the city manager. (Code 1972, §4-20)
§4-2-14. Obstruction of railway tracks.
(A)
If it is necessary to move any buildings upon or across any railway tracks, the same
shall be done in such a manner and at such time as not to interfere with the operation
of cars or trains thereon. (Code 1972, §4-21.)
§4-2-15. Exceptions.
(A)
A general contractor may be granted a permit, upon payment of a five dollar ($5.00)
permit fee, for moving a job material shed or office from one job location to another
with his own truck or equipment, provided the building shall not be larger than eight
feet (8') wide and fourteen feet (14') long, and eight feet (8') high from the floor to the
highest point of the roof, or when mounted on a truck shall not be more than twelve
feet (12') six inches (6") from the road-way to the highest point of the roof. And
provided further, that the contractor shall furnish a bond conditioned the same as the
bond described in §4-2-2 hereof. No contractor's temporary office or material shed
larger in any dimension than specified above, shall be moved, except in compliance
with all the requirements of the Building Code applicable to house moving. (Code
1972, §4-22)
§4-2-16. Special moving permit.
(A)
No individual, partnership, or corporation, other than a licensed building mover, shall
be permitted to move a building in the City of Jenks, unless granted a special moving
permit by the city council. (Code 1972, §4-23.)
Article 3. Moving Structures Within and Without the City.
§4-3-1. Moving building to without city limits.
(A)
Existing structures or buildings located within the city limits of the City of Jenks,
Oklahoma, may be removed from the city limits upon meeting all requirements for
such removal.
§4-3-2. Moving building from one place to another in city.
(A)
No existing structure or building of any nature whatsoever, located within the City
limits of Jenks, Oklahoma, shall be moved from its present location within the City
limits of the City of Jenks except that:
(1)
Mobile homes may be allowed in AG agricultural zoned areas by the Jenks
Board of Adjustment as outlined in the Jenks Zoning Code, § 16-5 of Article 2
of Ordinance No. 264 and in accordance with Flood Ordinance No. 421 and in
substantial compliance with the Building Code.
(2)
Portable accessory buildings may be placed in AG agricultural zoned areas
and residential areas as outlined in the Jenks Zoning Code, § 16-5 of Article 2
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of Ordinance No. 264. No building permit shall be required for said portable
accessory buildings that contain less than 100 square feet of floor area.
(3)
One (1) portable accessory building or structure (including any device or
container used for storage) may be placed in a commercially zoned area,
except that area designated as the Historic Turn-of-the-Century Special
Theme District. Such accessory building or structure shall not exceed 144
square feet of floor area, shall be compatible in color with the principal
building or structure on said tract, and shall not cause the total square footage
of all buildings and structures on said tract to exceed the allowable square
footage, nor reduce the amount of required off-street parking provided. Such
accessory building or structure shall be screened by appropriate fencing from
abutting residential zoned areas. Placement of such a portable accessory
building or structure shall require the submission of a plot plan and design
specifications and the issuance of a building permit to assure compliance with
the above regulations, applicable building and fire code regulations and
acceptable traffic flow and emergency vehicle access. (Added 11/15/93, Ord.
#818)
§4-3-3. Moving building into City.
(A)
No existing structure or building of any nature whatsoever, located outside the city
limits of Jenks, Oklahoma, shall be moved to any location within the City limits of
Jenks except that:
(1)
Mobile homes may be allowed in AG agricultural zoned areas by the Jenks
Board of Adjustment as outlined in the Jenks Zoning Code, § 16-5 of Article 2
of Ordinance No. 264 and in accordance with the Flood Ordinance No. 421
and in substantial compliance with the Building Code.
(2)
Portable accessory buildings may be placed in AG agricultural zones areas
and residential areas as outlined in the Jenks Zoning Code, § 16-5 of Article 2
of Ordinance No. 264. No building permit shall be required for said portable
accessory buildings that contain less than 100 square foot of floor area.
(Amended Ord. #448, Oct. 4, 1982).
(3)
Any portable accessory building or structure existing within the Historic Turnof-the-Century Special Theme District as of November 15, 1993, may be
allowed to remain at its current site if the same meets applicable fire code
regulations and the owner thereof submits the same to the Appearance Review
Committee and conforms to any requirements imposed. Any portable
accessory buildings or structures located in a commercially zoned area outside
the Special Theme District as of November 15, 1993, may be allowed to
remain at its current site if the same meets applicable fire code regulations and
is screened by appropriate fencing from abutting residential zoned areas.
(Added 11/15/93, Ord. #818).
§4-3-4. Historical Monuments.
(A)
That the provisions of Article III, Chapter 4 of the Jenks City Code shall not prevent
the movement of existing structures within the City of Jenks, or the movement of
existing structures into the City of Jenks where such structures have been identified as
Historical Monuments.
(B)
No building or structure shall hereafter be designated as an Historical Monument
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without an official designation issued by the City Council of the City of Jenks, upon
written application made therefore.
(C) No application for a designation of a structure as a Historical Monument shall be
granted to any person unless such application states the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Type and kind of structure to be moved.
The present value of such structure.
The extreme dimensions of the length, height and width of the structure.
Its present location and proposed new location by lot, block, subdivision, or
other legal description, and street numbers where applicable.
The approximate time such structure will be upon the streets, and the
contemplated route that will be taken from present to new location.
A short statement regarding the historical significance of the structure to the
City of Jenks.
That the moving of this building does not violate the fire district requirements,
or any other requirements of the ordinances of the City.
(D)
That the City Council of the City of Jenks shall determine whether the structure shall
be designated as a Historical Monument and shall issue a Historical Monument
moving permit based on the historical significance to the City of Jenks.
(E)
No building or structure shall be moved to a new location until all provisions of
Article II, Chapter 4 of the Jenks City Code, entitled "Moving Buildings" shall have
been complied with and structural requirements under this and other ordinances of the
City for the use for which it is contemplated at the new location. (Amended Ord.
#372).
Article 4. International Mechanical Code of 2006
§4-4-1. Adoption of Code.
(A)
That the International Mechanical Code of 2006 with supplements as published by the
Building Officials and Code Administrator's International, Inc., be and the same is
hereby adopted as the Mechanical Code of the City of Jenks in the State of Oklahoma,
for the control of mechanical equipment located in buildings and structures as therein
provided; and each and all of the regulations, provisions, penalties, conditions and
terms of the same are hereby referred to, adopted, and made a part hereof as if fully set
out in this chapter with the additions, insertions, changes, and deletions as may
hereinafter be enacted by the Council of the City of Jenks, Oklahoma.
§4-4-2. Licensing of contractors.
(A)
Any person, firm or corporation who shall engage in the business of installation,
replacement, alteration or repair of mechanical, refrigeration, heating, and under floor
duct services shall, before engaging in such work, obtain a license from the City Clerk
upon payment of the fees as hereinafter set forth. Such license shall be for the fiscal
year or any part thereof.
(B)
Classes of Mechanical contractors licenses established and work for which qualified
defined:
(1)
Mechanical Contractor: The mechanical contractor is qualified to engage in
the business of installation, replacement, alteration and repair of all equipment
within the scope of this Code.
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(2)
Refrigeration Contractor: A refrigeration contractor is qualified to engage in
the business of installation, replacement, alteration, and repair of all the
cooling, ventilating and refrigeration equipment within the scope of this Code.
(3)
Heating Contractor: A heating contractor is qualified to engage in the business
of installation, replacement, alteration, and repair of gas appliances and piping
within the scope of this Code.
(C) Contractor license fees:
(1)
(2)
(3)
Mechanical Contractors - $125.00
Refrigeration Contractors - $125.00
Heating Contractors - $125.00
§4-4-3. Inspection fees.
(A)
Mechanical Permit fees are authorized in a Master Fee Schedule for Chapter 4
Building, Plumbing and Electrical Installations for cost recovery of services. The
Master Fee Schedule is herein initially filed by the City manager with City Council
and shall periodically be updated and revised as authorized by City Council as a part
of the budget resolution and public hearing process.
(B)
See initial “Master Fee Schedule for Chapter 4 Building, Plumbing, and Electrical
Installations” for current Permit Fee requirements.
§4-4-4. Journeyman:
(A)
All contractors as hereinabove defined shall be required to maintain a Journeyman at
the sight of any work contemplated by this Code.
(B)
The failure of any contractor to require Journeymen in its employ to have a State
issued license shall constitute an offense punishable by fine set forth hereinafter for
contractors and each day of such failure shall constitute a separate offense. The City
Building Inspector may require Journeymen on a job site to produce their State license
upon request.
§4-4-5. Penalty.
(A)
The failure of any contractor to secure the inspections outlined herein and successfully
complete the same shall result in the contractor's license being revoked or suspended
for any period of time not to exceed six months upon application to the City Council
by the Inspector. Nothing herein shall be construed as prohibiting the right of such
contractor to obtain re-inspection of the premises prior to the submission by the
Inspector of such request for revocation or suspension.
(B)
The failure of any contractor to secure a license prior to performing the work as
contemplated by this chapter shall be guilty of an offense which shall be punishable by
a fine of not more than $100.00 and each day of any violation shall be deemed a
separate offense. ( Amended Ord.# 1081, Nov. 3, 2003)
Article 5. Plumbing: Water and Drainage.
§4-5-1. "Plumbing" defined.
(A)
The word "plumbing" as used in this article shall mean water and sanitary plumbing as
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defined in the International Plumbing Code of 2003, as may be amended, to-wit:
starting at the source of supply water running through the water distribution system,
back through the drainage and vent system to the point of disposal. The point of
disposal being a septic tank or public sewer main.
§4-5-2. International Plumbing Code of 2003 adopted: plumbing regulations.
(A)
Except as may be otherwise specifically provided by law or ordnance, the plumbing
and drainage system of a building structure shall be installed in conformity with the
International Plumbing Code of 2003, current edition and any amendments thereto.
Said Code is hereby adopted and shall govern plumbing within the City of Jenks,
Oklahoma.
(B)
It is the purpose and intent of this Plumbing Code to establish minimum plumbing
standards in terms of performance objectives, implemented by specific requirements,
which will provide reasonable safeguards for sanitation and protect the public health
against the hazards of inadequate, defective or sanitary plumbing installations.
(C)
The enforcement of the International Plumbing Code in the City of Jenks shall be the
responsibility of the plumbing Inspector or building official or other person as may be
designated by the City Manager.
§4-5-3. Permit required for plumbing.
(A)
It is unlawful for any person, firm, or corporation to install any plumbing on any
premises or to extend the plumbing on any premises without first securing a plumbing
permit from the plumbing Inspector or building official.
§4-5-4. Plumbing: Inspection fees,
(A)
Plumbing Permit fees are authorized in a Master Fee Schedule for Chapter 4 Building,
Plumbing and Electrical Installations for cost recovery of services. The Master Fee
Schedule is herein initially filed by the City manager with City Council and shall
periodically be updated and revised as authorized by City Council as a part of the
budget resolution and public hearing process.
(B)
See initial “Master Fee Schedule for Chapter 4 Building, Plumbing, and Electrical
Installations” for current Permit Fee requirements.
§4-5-5. Plumbers: Registration, permits, fees, etc.
(A)
The phases and words "journeyman plumber", "plumber's apprentice", "plumbing
contractor", and "plumbing", when used in the ordinances, regulations and other
official acts and communications of this City, shall have the meaning respectively
prescribed for them by Section 1 of the Plumbing License Law of 1955 (59 O.S. 1971,
§ 1001-1021), as may be amended, unless the context clearly indicates a different
meaning.
(B)
It is unlawful for any person to engage in the business, trade, or occupation of a
plumbing contractor (otherwise known as a master plumber), in this city unless he is
registered with the plumbing Inspector and has a current and valid certificate of
registration issued by the plumbing Inspector.
(C)
Only persons who have current and valid licenses as plumbing contractors issued by
the Construction Industries Board as provided by the Plumbing License Law of 1955,
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as may be amended, may register as such with the plumbing Inspector.
(D)
Upon application to the plumbing Inspector and the payment of the required fees to
the City Clerk's office, the plumbing Inspector shall register such applicants and issue
to them certificates of registration. Such city certificates shall not be valid after the
termination or expiration of the state licenses or certificates. Registration certificates
of plumbing contractors issued as provided herein shall expire on June 30th of each
year.
(E)
The annual registration fee shall be as follows: Plumbing contractor, one hundred
twenty-five ($125.00) dollars.
(F)
A qualified person may register as a plumbing contractor in the same manner as in the
original instance, upon the same conditions.
(G)
The City Council, upon at least ten day's notice and adequate opportunity for a public
hearing, may revoke the City registration of any plumbing contractor for violating any
provision of the ordinance and regulations of the City relating to the installation of
plumbing or for any cause specified in the Plumbing License Law of 1955 (59 O.S.
1971, §1010) as amended.
§4-5-6. Plumbing Contractor:
(A)
Each person registered as a plumbing contractor must have an Oklahoma Plumbing
Contractor's License. Any plumbing work on new construction by the homeowner
shall require a licensed contractor unless the homeowner is exempted by City Council
upon application.
§4-5-7. Penalty.
(A)
The failure of any contractor to secure a license prior to performing the work
contemplated herein shall be guilty of an offense which shall be punishable by a fine
of not more than $100.00 and each day of violation shall be considered a separate
offense. ( Amended Ord.# 1081, Nov. 3, 2003)
Article 6. Gas Piping
§4-6-1. Code adopted.
(A)
The International Fuel Gas Code of 2003, is hereby adopted by reference. Said Code
shall be in full force in the City of Jenks, and shall govern the installation of gas
piping and gas appliances in buildings in the City of Jenks. Any violation of said Code
shall be deemed a violation of the ordinances of the City, and shall be punished as
such by a fine of not more than one hundred dollars ($100.00) plus court costs for
each such violation of for each day's continuation of any such violation.
§4-6-2 Inspection.
(A)
The fee for inspection of gas piping and installations shall be as outlined in the
“Master Fee Schedule for Chapter 4 Building, Plumbing, and Electrical Installations”.
No such piping or installation shall be used until inspected and approved by the
plumbing inspector. (Amended Ord.# 1081, Nov. 3, 2003)
Article 7. Gas Fitters.
§4-7-1. License required: examination: fee.
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(A)
It shall be unlawful for any person, firm, or corporation to engage in the business of
installing gas piping and/or gas appliances without first obtaining a license from the
City of Jenks, Oklahoma. The license may be obtained by persons holding plumbing
contractor's licenses issued by the State of Oklahoma; approved by the City of Jenks.
(B)
Before receiving a license, the applicant shall pay an annual fee of one hundred
twenty-five dollars ($125.00). The fee shall be paid to the City Clerk.
§4-7-2. Plumbing inspector may enter buildings.
(A)
The plumbing inspector, while in the discharge of his official duty, shall have the
authority to enter any building or premises at any reasonable hour for the purpose of
making any gas inspection, test or re-inspection, and any person interfering with the
plumbing inspector shall be guilty of an offense.
§4-7-3. Responsibility and liability.
(A)
This article shall not be construed to affect the responsibility or liability of any party
owning, operating, controlling, or installing any gas piping or equipment, for damages
to persons or to property caused by any defects therein, nor shall the City of Jenks,
Oklahoma, nor any officer or employee of the City be held as assuming such liability
by reason of the inspection or re-inspection as herein provided, or by reason of the
approval or disapproval of any equipment authorized therein. ( Amended Ord.# 1081,
Nov, 3, 2003)
Article 8. Electrical
§4-8-1. National Electrical Code Adopted.
(A)
All electrical work done within the City of Jenks shall be performed in accordance
with the standards, procedures, and requirements of the National Electrical Code of
2002, and as the same may be amended in the future.
§4-8-2. Inspection.
(A)
All inspections required by the above adopted code shall be made by a duly authorized
City Electrical Inspector appointed by the City Manager of Jenks, or by some qualified
agent appointed by the City Manager if so authorized by the said manager at the
manager's discretion.
§4-8-3. License required: fees providing for license renewal
(A)
Any person, firm or corporation who shall engage in the business of performing
electrical services or acting as electricians shall, before engaging in such work, obtain
a license from the City Clerk upon payment of one hundred twenty-five dollars
($125.00) dollars annual license fee. Any electrical work done on new construction by
the homeowner shall require a licensed contractor unless the homeowner is exempted
by City Council upon application.
(1)
Provided that such certificates once issued shall be subject to renewal on an
annual basis upon payment of the renewal fee to said City Clerk in the amount
of one hundred twenty-five dollars ($125.00) for a Class A or Class B
electrical contractor or elevator construction contractor. Such fee shall be paid
before the renewal certificates shall be issued.
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(2)
Provided that the provisions of the section requiring payment of fees provided
herein, shall not apply to any person, firm or corporation engaged in the
business of manufacturing, assembling, wiring, rewiring, installing, erecting,
repairing, or altering interior or exterior electric signs, where such person does
not himself perform any of the work aforementioned.
§4-8-4. Apprentices.
(A)
Nothing herein contained shall be construed to prevent the employment of apprentices
to perform any of the work herein defined, provided, said apprentice performs said
work under the direct supervision of a licensed electrical contractor or journeyman.
§4-8-5. Appeals Board; created: duties.
(A)
The Board shall be composed of five (5) members, one (1) Class A contractor, one (1)
Class A Journeyman, and three (3) Laymen appointed by the City Council for a term
of two years, said appointments being in odd numbered years. In addition, the Jenks
Fire Chief shall be ex-officio member of said Board with voting powers.
(B)
It shall be the duty and within the authority of said Board to perform any or all of the
following Acts:
(1)
To hear appeals on technical disputes arising between the inspector of the
City, and electrical contractors, property owners or lessees, as to the
interpretation and effect of the electrical code as the same is established.
(2)
To prepare and issue interpretative opinions relative to the technical aspects,
or the electric code, but to perform this function only in the event some real
dispute has arisen between affected parties.
(3)
To act as a permanent code committee and to investigate and suggest to the
proper legislative authority such changes in the electrical code as may be
desirable.
§4-8-6. Bonds.
(A)
Any person desiring an electrical license of any kind as above provided, shall make
and file with the City Clerk a good and sufficient bond executed by a surety company
authorized to transact business in the State of Oklahoma and engaging himself thereon
in the amount required by the State of Oklahoma.
§4-8-7. Contractor.
(A)
A contractor is allowed three (3) apprentices to each journeyman on each job.
§4-8-8. Journeyman.
(A)
The failure of any contractor to require Journeymen in its employee to have a State
issued license shall be an offense punishable by fine as set forth hereinafter for
contractors and each day of such failure shall constitute a separate offense. The City
Building Inspector may require Journeymen on a job site to produce their State license
upon request.
(B)
A person making application for a contractors license Class A or B shall have a
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certified and notarized letter stating that he has at least five (5) years experience from
his employer.
§4-8-9. Fees for inspections.
(A)
Electrical Permit fees are authorized in a Master Fee Schedule for Chapter 4 Building,
Plumbing and Electrical Installations for cost recovery of services. The Master Fee
Schedule is herein initially filed by the City manager with City Council and shall
periodically be updated and revised as authorized by City Council as a part of the
budget resolution and public hearing process.
(B)
See initial “Master Fee Schedule for Chapter 4 Building, Plumbing, and Electrical
Installations” for current Permit Fee requirements.
§4-8-10. Penalty.
(A)
All of the permits and licenses as authorized by this article shall be provided by the
City Clerk upon the payment of the fees herein set forth, and any person who does any
work or performs any services contrary to the provisions of this ordinance shall be
guilty of an offense, which shall be punishable by a fine of not in excess of onehundred dollars ($100.00) each day of any violation shall be a separate offense.
(Amended Ord.#1081, Nov. 3, 2003)
Article 9 Demolition of a Structure
§4-9-1. Demolition Permits: Application, Issuance, Fees.
(A)
Applications for Demolition permits shall be made to the building official as provided
herein.
(B)
No permit shall have any force or effect unless it has attached to it, or written upon it,
a receipt of statement of the City Clerk’s office showing the payment of any and all
fees required by this section or any other ordinance provision.
§4-9-2. Application for permit.
(A)
A demolition permit application shall provide the following information:
(1)
Type and kind of building to be removed.
(2)
The original cost and present value of such building.
(3)
The extreme dimensions of the length, height, and width of the building.
(4)
Its present location by lot, block, subdivision, and Street numbers.
(5)
property.
A site plan identifying structures to be removed and any structure remaining on
§4-9-3. Action on Application
(A)
When such application is filed with the Building Official, it shall be required that a
Building Inspector make inspections relating to the disconnection of public utilities
to the structure and all public utility service terminations are in compliance with
termination practices. If it is found that the building or structure can be demolished
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in accordance with the requirements of this article, it shall then be the duty of the
building inspector to issue clearance to begin demolition.
§4-9-4. Fees for Permit.
(A)
Demolition Permit fees are authorized in a Master Fee Schedule for Chapter 4
Building, Plumbing and Electrical Installations for cost recovery of services. The
Master Fee Schedule is herein initially filed by the City manager with City Council
and shall periodically be updated and revised as authorized by City Council as a part
of the budget resolution and public hearing process.
(B)
See initial “Master Fee Schedule for Chapter 4 Building, Plumbing, and Electrical
Installations” for current Permit Fee requirements.
Article 10. Certificates of Occupancy
§4-10-1 Buildings.
(A)
No building or part thereof shall be occupied until the building inspector shall have
issued a Certificate of Occupancy therefore. The building inspector shall not issue a
Certificate of Occupancy for any such building or structure unless and until he is
furnished with zoning clearance from the City Planner specifying that such building
has been erected within the use classification permitted on the land. And where said
building or structure is to be used as an eating or drinking establishment, or for such
purposes as to come under the supervision of the appropriate body including the Tulsa
City-County Health Department, then the building inspector shall not issue a
Certificate of Occupancy until prior approval or clearance has been given by said
Health Department. (Ord. 235, §1)
§4-10-2. Contents of Certificate of Occupancy.
(A)
The Certificate of Occupancy provided in §4-10-1 above shall state the nature of the
occupancy permitted, the number of persons for each floor when limited by law, the
allowable load per square foot for each floor in accordance with the provisions of this
code and shall certify that the building was erected in compliance with the approved
plans and with the provisions of this code. Said Certificate of Occupancy shall also
contain such limitations as to the type and nature of the occupancy as may be
determined by the building inspector under the provisions of this building code. (Ord.
235, §1)
§4-10-3. Temporary Occupancy.
(A)
A temporary Certificate of Occupancy may in the discretion of the building inspector
be issued for a portion or portions of a building which may be safely occupied prior to
final completion of the entire building. (Ord. 235, §1)
§4-10-4. Change of Occupancy (Existing Buildings).
(A)
No change of occupancy for any existing building or structure may be obtained
without a Change of Occupancy Certificate as required by the provisions of this code.
When a change of occupancy is desired an application for a permit shall be made to
the building inspector and the building inspector shall be supplied with sufficient
information and data necessary to determine compliance with this code for the type of
occupancy intended. Where in the opinion of the building inspector it is necessary,
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two sets of detailed plans or a general inspection or both may be required. When, upon
examination and inspection, it is found that the building conforms to the provisions of
this Code, to the applicable zoning laws, and to the health standards as may be set
therefore by the City-County Health Department for such occupancy, a Certificate of
Occupancy shall be issued. (Ord. 235, §1)
§4-10-5. Withholding of Certificate of Occupancy.
(A)
Notwithstanding however, no Certificate of Occupancy shall be issued (whether for
new or existing buildings, or portions thereof) by the building inspector unless and
until he shall be satisfied that the particular occupancy shall be in compliance with the
applicable zoning laws and the health requirements of the City-County Health
Department. Also no Certificate of Occupancy shall be issued when the building or
structure shall be considered unsafe, hazardous or shall be condemned by the fire
marshal. (Ord. 235, §1)
§4-10-6. No Certificate of Occupancy required.
(A)
This code shall not be deemed to apply to and no Certificate of Occupancy shall be
required for changes of tenancy or ownership of residential structures or dwellings and
for change of offices by tenants, that is, removal of offices from one building to
another. (Ord. 235, §1)
§4-10-7. Fee for Certificate of Occupancy and Change of Occupancy.
(A)
Certificate of Occupancy and Change of Occupancy fees are authorized in a Master
Fee Schedule for Chapter 4 Building, Plumbing and Electrical Installations for cost
recovery of services. The Master Fee Schedule is herein initially filed by the City
manager with City Council and shall periodically be updated and revised as authorized
by City Council as a part of the budget resolution and public hearing process.
(B)
See initial “Master Fee Schedule for Chapter 4 Building, Plumbing, and Electrical
Installations” for current Permit Fee requirements.
§4-10-8. Contractor Insurance Verification
(A)
Before issuance of a residential building permit, the City shall obtain a current certificate
from the appropriate insurer that the contractor has general liability coverage in an
amount of not less than $50,000.00 and has workers' compensation insurance coverage
or a workers' compensation exemption verification document. A residential building
permit shall be defined for this section as any building permit for a single-family or
duplex residential structure and shall include construction of a new structure, remodel of
an existing structure, and the addition to an existing structure. Not included under this
definition of a residential structure are a single-family or duplex carport, patio cover,
storage building, uninhabited accessory building, pool, or fence.
This provision shall not apply to a person or persons performing the construction or
remodeling to his, her, their own existing single-family or duplex structure on their own
property, unless the modifications are being performed by and the permit acquired by a
general contractor or subcontractor, in which case the general contractor or
subcontractor shall meet the requirements of this section.
(B)
The City may require the contractor to register in order for the City to monitor insurance
verifications, in which event an annual registration fee equal to the amount charged by
the City for construction trade contractors licensed by the Oklahoma Construction
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Industries Board shall be assessed. Said fee shall be valid until June 30th of each year
(C)
The City shall not be liable if the documentation provided is false or if the general
liability insurance or workers' compensation insurance lapses after the building permit is
issued.
4-10-9. Penalty.
(A)
The permit or permits, authorized by this article shall be provided through the city
clerk and the office of the building inspector upon payment of the fees as herein
provided and the approval of the building inspector as set forth herein, and any person
who fails to comply with the provisions of this article shall be guilty of an offense
against the city and shall be subject to a fine not to exceed the maximum penalty
provided by this chapter and each day shall be a separate offense.
Article 11. Placement of Signs
§ 4-11-1 Sign Code and placement specifications see Use Unit 21 Jenks Zoning Code.
§ 4-11-2 Garage Sale Signs
(A)
Up to five (5) garage sale signs per owner which have been dated and have the name,
address, and phone number of the individual or entity place the signs legibly written
thereon may remain in the City right-of-way for seventy-two (72) hours, after which
time they will be removed the ht City and the owner will be charged a fee of ten
dollars ($10.00) each for the removal of the signs. Signs of insignificant value may be
disposed of the Building Inspector or the Supervisor of the Jenks Public Words
Authority, or their designee, at their discretion. The Building Inspector or the Jenks
Public Works Authority, or the designee, shall have discretion over placements in the
right- of-way which are a hazard, exceed the maximum number allowed, exceed the
dimensions of four (4) square feet, or are placed on Main Street between East Fourth
Street and Ash Street, impair access to utilities, or are in violation of the provisions of
this section. Garage sale signs may not be placed on utility poles and/or under
structures owned by the public. Said signs shall conspicuously state “Garage” or
“Yard” Sale thereon. An individual or entity shall conduct no more than four (4)
garage or yard sales in a calendar year. (Ord. 1288, Sec. 1, December 6, 2010)
Article 12. Supplemental Building Regulations.
§ 4-12-1. Smoke Detection required; power of inspector.
(A)
No permit shall be issued for construction of any structure designed for human
occupancy unless the plans for same include a smoke detection device to be placed at
a location therein which will enable said device to detect smoke at the earliest possible
moment. Said device will comply with the standards set forth in this code. No variance
shall be allowed which will defeat this section. (Ord. 247).
(B)
Said inspector shall have the power to prohibit occupancy by persons of any structures
constructed pursuant to the building regulations if said structure is not equipped with a
smoke detection device which is in good working order at the time of inspection. Said
occupancy may be prohibited until such time as said device is demonstrated to
perform its designed purpose. (Ord. 248)
§ 4-12-1. Canopy and awning requirements; powers of inspector.
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(A)
A canopy or awning or similar structure, hereinafter referred to as "canopy", may be
constructed on any commercial structure which abuts a public right-of-way, provided
that said canopy or awning or other canopy complies with the following requirements
:
(1)
Said canopy may project one-half (1/2) the width of any existing sidewalk or
no more than six (6) feet, whichever is less, and in no event shall any such
canopy project into an alley or space used as a fire lane.
(2)
The bottom edge of such canopy shall be no less than seven (7) feet from the
ground or pavement beneath it.
(3)
No vertical supports shall be used in the construction of said canopy which
extends beneath or above the same.
(4)
All such canopies shall be constructed of a metal framework with an approved
covering. Wood shake or wood shingles are not approved and are prohibited.
All other coverings are subject to prior approval of the building inspector,
after consultation with the fire chief. (Amended, Ord. 594, Sept. 16, 1985).
(5)
All such canopies shall be permanent in nature and shall comply with all fire
ordinances now existing or which may be adopted in the future.
(B)
This section shall govern the construction and maintenance of any awning, canopy or
device within the city limits of Jenks.
(C)
A building permit shall be required for the construction of any such canopy and the
city building inspector shall have the power to review the plans for said canopies and
make changes as deemed necessary to render the completed canopy safe; provided,
that upon completion of construction of said canopy, the city building inspector shall
have the power to order any further modifications which he deems necessary for the
protection of health, welfare and safety of the public at large.
(D)
The city shall have the power to remove or have removed any such canopy, at the
owner's expense, when the same is deemed to be detrimental to the public interest,
after ten (10) days notice to said owner.
(E)
Any such canopy which does not conform to the requirements set forth herein is
hereby declared to be a public nuisance as defined by the code of the City of Jenks.
Article 13. Appearance Review Districts
§ 4-13-1 Creation of Appearance Review Districts
(A)
The Appearance Review Districts are designed to promote public health, safety, and
economic development along street frontages within non-residential zoning districts
through the use of appearance standards to achieve aesthetically pleasing and
environmentally sensitive development areas to include landscaping, building
materials selection, structural design, color scheme, sound reduction methods,
improved air quality, and attractive sites for commercial development.
(B)
The Appearance Review Districts are composed of three components: 1) the Theme
District 2) the Riverfront District and 3) the Corridor District.
(1)
Special Theme District created as defined by the Jenks Comprehensive Plan
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for the purpose of creating an overall 1900’s turn-of-the-century theme of
Western and Victorian architecture and appearance as stated in the approved
and adopted Theme District Guidelines administered through the Jenks
Zoning Code.
(2)
Riverfront and/or Boardwalk District created as defined by the Jenks
Comprehensive Plan for the purpose of promoting the redevelopment and
expansion of existing businesses in the downtown shopping district, and to
encourage and attract a variety of new retail, service, and higher density
residential uses, and to create an area to provide residential, commercial and
public attractions of educational, scientific, and cultural significance as stated
in the approved and adopted Riverfront District Guidelines administered
through the Jenks Zoning Code.
(3)
Corridor Appearance District created as defined by the Jenks Comprehensive
Plan for the purpose of extending Appearance Review standards and
guidelines to achieve aesthetically pleasing and environmentally sensitive
development areas through alternative compliance methods, including
landscaping; building material selection, structural design and color-scheme
provisions, sound reduction methods, improved air quality, and to provide
attractive sites for non-residential, commercial development, and industrial
development to the benefit of Jenks visitors and residents as stated in the
approved and adopted Corridor District Guidelines administered through the
Jenks Zoning Code.
a.
The Corridor Appearance Review District shall also include areas
within 300 feet of U.S. Highway 75 and Union Avenue existing
Rights of Way and future Rights of Way in accordance with
Oklahoma Department of Transportation Functional Plans for U.S.
Highway 75 and Union Avenue from West 91st Street South to
West 121st Street South. (Amended March 3, 2008, Ord. No. 1215)
§ 4-13-2 Establishment of Appearance Review Committee
(A)
There is hereby established an Appearance Review Committee (ARC) of the City of
Jenks, Oklahoma, with the powers and duties hereinafter set forth. The A.R.C. shall
consist of two (2) professional architects or building designers, two (2) representatives
of the local business community, one (1) member of the local Chamber of Commerce
and City staff members as designated by the Jenks City Manager. Members of the
A.R.C. shall be appointed by the City Manager, with alternates designated, for terms
of two years. The A.R.C. will meet on call of the City Planner. Failure of a member to
attend three (3) scheduled meetings within any three (3) month period will result in
automatic removal of said member. Said removed member shall be eligible for
reappointment.
§ 4-13-3 Appearance Review Committee Duties
(A)
The A.R.C. shall review proposed development plans related to building construction,
architectural style, building materials, signage, landscaping, and lighting in
accordance with prescribed appearance criteria for the Appearance Review District in
which a property is located. Recommendations on the proposed project by the A.R.C.
will be forwarded to the Planning Commission for their review.
§ 4-13-4 Planning Commission Duties
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(A)
The Planning Commission shall review the plan proposal at a public hearing. The
Commission shall review the site plan, the A.R.C. recommendations, and the
applicable appearance criteria for the proposal. The Commission shall approve,
approve with conditions, or disapprove the application within 30 days of the first
meeting on the application.
(B)
The decision of the Planning Commission shall be final, unless the applicant or others
appeal the Planning Commission action within 15 days of the action, by filing a
written request with the City Clerk for a hearing by the City Council. The request shall
be accompanied by the payment of a $25.00 fee.
§ 4-13-5 Appearance Review Process Required
(A)
Prior to the construction or reconstruction of any structure, exterior
remodeling, placement of exterior lighting or signs, or any proposed
construction on property located within an Appearance Review District, an
application for Detailed Site Plan approval shall be made and shall be subject to
the Appearance Review District guidelines as specified and administered within the
Jenks Zoning Code for the Appearance District for which the specific property is
located.
Article 14. Regulation of Satellite Antennas
§4-14-1. Districts where permitted and standards for use.
(A)
(B)
Satellite antennas are a permitted use in an RS, RD, and RTH District, provided it
meets the following standards:
(1)
Shall be ground mounted.
(2)
Shall be located in the rear yard only and shall be setback from the property
line(s) one foot for every foot of height.
(3)
Shall not exceed 13 feet in height at the grade where it is mounted.
(4)
Not permitted as a principal use on the lot.
Satellite antennas are a permitted use in an RM and OL District provided it meets the
following standards:
(1)
Shall be ground mounted or mounted on the building roof provided the roof
mounted antenna does not exceed four feet in height.
(2)
Shall be setback from the perimeter property line(s) one foot for every foot of
height.
(3)
Ground mounted antenna shall not exceed 13 feet in height at the grade where
it is mounted.
(4)
(C)
Not permitted as a principal use on the lot.
Satellite antennas are permitted as a matter of right in all other 0, C, and I Districts,
provided if the antenna is to be located on a lot which abuts a residential district, the
antenna shall be set back from the common boundary two feet for every one foot of
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the height above grade.
(D)
Satellite antennas shall not be located in any easement or public right-of-way.
(E)
Satellite antennas which do not meet the standards as set forth above shall require
approval of a Special Exception by the Board of Adjustment.
(F)
Satellite antennas which have been installed prior to the effective date of this
ordinance shall be permitted to continue notwithstanding any provision herein to the
contrary. (Added, Ord. #607, December 16, 1985.)
Article 15. Penalty., Judicial Relief
§4-15-1 Penalty.
(A)
Any person who engages in any act or business, trade or vocation for which a license,
permit, certificate or registration is required by this chapter, without having a valid
license, permit, certificate or certificate of registration as required, or who fails to do
anything required by this chapter or by any code adopted by this chapter, or who
otherwise violates any lawful regulation or order made by and of the officers provided
for in this chapter, is guilty of an offense, and upon conviction thereof shall be fined in
any sum not to exceed two hundred dollars ($200.00), plus court costs. Each day upon
which a violation continues shall be deemed a separate offense. (Amended Ord. #534,
Nov. 21, 1983) (Amended Ord. #1180, Oct. 16, 2006).
§4-15-2 Relief in the Courts.
(A)
No penalty imposed by and pursuant to this chapter shall interfere with the right of the
city also to apply to the proper courts of the state for a mandamus, an injunction, or
other appropriate action against such person.
§4-15-3 Activity without permit.
(A)
Any person who engages in any activity requiring a building permit, including a
permit for mechanical, electric or plumbing work, without first paying the required fee
and securing a permit, may in addition to the penalties provided above, be required by
the Building Official to pay twice the normal permit fee to secure such a permit.
Article 16. Alarm System
§4-16-1 False Alarms Defined.
(A)
A false alarm is the activation of a burglary, robbery, or other alarm for the purpose of
summoning the police, or which causes the police to be summoned at a time when no
crime is being committed or attempted on the premises
(B)
False alarms include those caused by:
(1)
Error or mistake. Any action by any person, firm or corporation, other entity
or agent thereof, owning or operating any dwelling, building or place, which
results in the activation of any alarm system when no emergency exists.
(2)
Malfunction. Any activation of any alarm system caused by a flaw in the
normal operation, design, installation, maintenance of the system, faulty
equipment, or a change in the environment or premises upon or within which
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the alarm system is operating.
(3)
(C)
Intentional misuse. Any intentional activation of an alarm system when there
is no burglary, robbery, vandalism, fire or other emergency is in progress.
An alarm will not be considered a false alarm if it is determined that the alarm was
caused by:
(1)
Natural or man-made catastrophe or an act of God, including tornadoes,
floods, earthquakes or similarly violent conditions;
(2)
Vandalism causing physical damage to the premises;
(3)
Telephone line outage;
(4)
Attempted entry of a location causing visible, physical, or other evidence of
damage to such location;
(5)
Severe weather causing physical damage to the premises; or
(6)
The testing of a local/audible alarm system by a licensed alarm business agent
or employee who is present at the premises servicing, repairing, or installing
the alarm when such testing does not result in the alarm being activated for an
uninterrupted period exceeding sixty (60) seconds.
§ 4-16-2. Notice of False Alarms.
(A)
For every police response by the Jenks Police Department to a premises at which a
false alarm has been determined to have occurred, a false alarm notice shall be left at
the location. A copy of this notice shall be retained by the Jenks Police Department.
§ 4-16-3. Chronic False Alarm System Defined.
(A)
An alarm system will be classified as a chronic false alarm system upon any of the
following conditions:
(1)
Four police responses to false alarms at the same location within one calendar
month;
(2)
More than four police responses to false alarms at the same location within a
six-month period; or
More than six police responses to false alarms at the same location within a
twelve-month period.
(3)
§ 4-16-4. Corrective Action and Penalty.
(A)
Once an alarm system has been classified as a chronic false alarm, a notice will be
given to the user of that system indicating the system is subject to inspection by a state
licensed alarm industry business or representative. That user will have ten (10)
working days, excluding holidays, after receipt of that notice to return a fully
completed inspection form to the Jenks Police Department. Any further activation or
use of that alarm system, without the completed form being returned to the Jenks
Police Department, is an offense and any person activating or using that alarm system
is guilty of an offense and upon conviction thereof shall be punished by a fine of not
more than ONE HUNDRED DOLLARS ($100.00), plus court costs.
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§4-16-5. Restrictions on use of Automatic Telephone Taped Dialing Systems and 911 System.
(A)
No person, company or other entity, with the exception of the City of Jenks
Departments, shall use or operate, attempt to use or operate, or cause to be used or
operated, or arrange, adjust, program, or otherwise provide or install any device or
combination of devices that will upon activation either mechanically, electronically or
by any other means, initiate a telephonic, recorded or programmed message to any
telephone number assigned, or any additional telephone numbers assigned to the City
of Jenks Police Department. Within thirty (30) days after the effective date of this
Ordinance, all existing automatic dialing devices shall be reprogrammed or disconnected.
§ 4-16-6. Police Inspection of Alarm Systems.
(A)
Once a police response has been made to a false alarm at a location, the Chief of
Police or his designee may inspect of have inspected the alarm system, including any
monitoring service relating thereto, to determine if the system is being operated in
accordance with state and city regulations and guidelines.
§ 4-16-7. Prompt Response of Agents or Employees
(A)
A central station, answering service or other remote monitoring service shall, upon the
request of the Jenks Police Department, make every possible attempt to dispatch an
agent or employee to an alarm reported to the Jenks Police Department for police
response.
(B)
Upon notification, such agent or employee shall promptly respond to the location of an
alarm reported to the Jenks Police Department for police response and render all
necessary service and assistance to restore the alarm to normal condition. Failure to so
respond within sixty (60) minutes from the time of notification is an offense.
(C)
Unless an actual emergency is determined to have occurred at the location of an alarm
responded to by the Jenks Police Department, a police officer shall be under no
obligation to remain at the location of the alarm to wait for an alarm agent or
employee to arrive.
§ 4-16-8. False Alarms.
It shall be an offense for any person:
(A)
To turn on, send in or otherwise cause or permit any false call or alarm for the purpose
of attracting the attention of the Police or Fire Department;
(B)
To use any other similar type emergency equipment used by the Police or Fire
Department without express permission from the Chief of the Police Department of
the City of Jenks;
(C)
To molest or tamper with any police or fire alarm box, telephone, radio or other
instrument used in communicating or signaling either the Police or Fire Department;
or
(D)
To turn in any type false alarm to any City official or department.
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§ 4-16-9. Alarm User Responsibilities.
(A)
All alarm users, except vehicle alarm users, within the City of Jenks are required to
have alarm system back-up power supplies that will become effective in the event of a
power failure or outage in the source of electricity from the utility company and which
will allow the alarm to maintain an armed condition and communication capacity for a
minimum of four (4) hours when not in an alarm condition. Within one hundred and
eighty (180) days after the effective date of this provision, all alarm users shall comply
with this section.
(B)
All alarm users within the City of Jenks having a local/audible alarm, except financial
institutions with Underwriters Laboratory approved local/audible alarms, shall have
the alarm adjusted in a manner that will allow it to sound for not longer than fifteen
(15) minutes before resetting and silencing itself. Within ninety (90) days after the
effective date of this provision, all alarm users shall comply with this section.
§ 4-16-10. Penalty.
(A)
Unless otherwise provided herein, any person found guilty of violating any of the
provisions of this chapter shall be guilty of an offense and upon conviction thereof
shall be punished by a fine of not more than one hundred dollars ($100.00), plus court
costs. (Enacted, Ord. #763, Sept. 16, 1991)
Article 17. Regulation of Earth Changes.
§ 4-17-1. Purpose and Scope
(A)
This article is enacted for the purposes of protecting the general health, safety and
welfare of the citizens of the City of Jenks from the hazards and danger of flooding
and inadequate or improper drainage by imposing standards and conditions upon the
excavating, grading, regrading, filling, paving, berming and diking of land within the
City of Jenks.
(B)
The provisions of this Article shall apply to and be binding upon every per-son, firm
or corporation, and the City of Jenks, who seeks to re-align or relocate drainage routes
or to develop, redevelop, grade, regrade, pave, excavate, fill, berm or dike land within
the City of Jenks in a commercial, multi-family, office, or industrial zoning district;
and the City's design criteria shall be incorporated by reference. Nothing in this
Article shall limit other provisions of law relating to earth changes imposed by
subdivision regulations or regulations of the U.S. Federal Emergency Management
Agency.
§ 4-17-2. Definitions.
(A)
Unless specifically defined below, words or phrases used in this Article shall be
interpreted to give them the meaning they have in common usage and to give this
Article its most reasonable application.
(1)
Earth Changes. Excavating, grading, regrading, paving, filling, berming or
diking of land within the City of Jenks.
(2)
Earth Change Permit. A permit issued by the City of Jenks authorizing
excavation, grading, regrading, paving, filling, berming or diking of property.
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(3)
Tract. Any parcel of land subject to the provisions of this Article.
§ 4-17-3. General Provisions.
(A)
Lands to which this Article Applies. his Article shall apply to all lands within the
jurisdiction of the City of Jenks, Oklahoma, in a commercial, multi-family, office, or
industrial zoning district; and to residential properties as the City Engineer may direct
where the proposed change to the single-family residential properties has significant
physical consequences to other properties.
(B)
Compliance. No land shall hereafter be developed, redeveloped, graded, regraded,
paved, excavated, filled, bermed or diked or drainage routes realigned or relocated
without full compliance with the terms of this Article and other applicable regulations.
(C)
Abrogation and greater restrictions. It is not intended by this Article to repeal, abrogate
or impair any existing easements, covenants or deed restrictions. However, where this
Article imposes greater restrictions, the provisions of this Article shall prevail. All
other Articles inconsistent with this Article are hereby repealed to the extent of their
inconsistency only.
(D)
Interpretation. In the interpretation and application, the provisions of this Article shall
be (1) considered as minimum requirements as determined by the City Engineer; and
(2) deemed neither to limit or repeal any of the other powers granted under State
statutes.
(E)
Warning and Disclaimer of Liability. The degree of protection required by this Article
is considered reasonable for regulatory purposes and is based on engineering methods
of study and computations. This Article does not imply that land uses permitted will be
free from hydraulic or wind erosion, or flooding. This Article, its application or
enforcement shall not create liability on the part of the City or any officer or employee
thereof for any damages that result from reliance on this Article or any administrative
decision lawfully made there under.
(F)
Severability. If any section, clause, provision or portion of this Article is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
Article shall not be affected thereby.
§ 4-17-4. Permit Provisions.
(A) Earth Change Permit.
(1)
Unless specifically exempted, an earth change permit, as defined and regulated by this Article, shall be obtained from the City Engineer prior to the
commencement of placing any fill, excavating, grading, regrading, paving
filling, berming or diking of any tract or the realignment or relocation of
drainage routes within the City.
(2)
A separate permit shall be required for each separate, non-contiguous tract,
and no permit shall be transferable without the prior written consent of the
City Manager.
(3)
The City Engineer shall review all earth change permits and shall attach such
conditions thereto as may be determined necessary and reasonable to prevent
hazard to life or property, or otherwise likely to create a public nuisance. Such
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conditions may include, but are not limited to: submission of a drainage plan,
specified finished grade land contours, installation of retaining walls, drains,
detention facilities or other drainage facilities, specified erosion control
measures, furnishing any necessary public easements and a specified method
for performing the work thereby authorized. The City of Jenks Design Criteria
incorporated by reference and the pro-visions of same shall be determinative
as the City Engineer may require.
(4)
The City Engineer shall designate an expiration date of the earth change
permit based on the construction schedule, as submitted by the applicant.
(5)
The City Building Inspector shall inspect construction activity under the
permit and shall cause construction to cease for non-compliance with same.
The City Engineer shall be notified and may cause the permit to be revoked,
notifying the permittee in writing.
(B) Application for Earth Change Permit.
(1)
(2)
General Requirements. Unless excepted by the provisions of the Article, any
person desiring to effect an earth change shall file a written application for an
earth change permit with the City Engineer. Applications shall be in such
form and content as the City Engineer shall establish. The site plan and design
standards established by the applicant and approved by the City Engineer,
shall become conditions upon the issuance of the earth change permit. No
changes in an approved plan shall be made without prior written approval of
the City Engineer.
(a)
Earth Change Permit fees are authorized in a Master Fee Schedule for
Chapter 4 Building, Plumbing and Electrical Installations for cost
recovery of services. The Master Fee Schedule is herein initially filed
by the City manager with City Council and shall periodically be
updated and revised as authorized by City Council as a part of the
budget resolution and public hearing process.
(b)
See initial “Master Fee Schedule for Chapter 4 Building, Plumbing,
and Electrical Installations” for current Permit Fee requirements.
Contents of Permit Applications. Each earth change permit shall contain the
following information unless specifically waived by the City Engineer.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
The name and address of the legal owner of the tract.
A vicinity sketch of the site, including a legal description of such
tract, and a boundary line survey as may be required by the City
Engineer.
Existing and proposed contours at one (1) foot or greater intervals, if
required by the City Engineer.
Location of any structure or natural features on site.
Location of any proposed additional structures or developments on
site.
Location of any structures or natural features on the tract(s) adjacent
to the site and within 50 feet of the tract boundary line.
Plans of all drainage provisions, retaining walls, cribbing, planting
and erosion control measures to be constructed in connection with or
as a part of the proposed work, together with a map showing the
drainage area of lands tributary to the site, estimated runoff of the area
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(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
served by any drains, and floodplains boundaries with floodplain
elevation and/or water course location(s).
A schedule indicating the anticipated completion date of the project,
starting and completion dates of the project construction sequence and
the time of exposure of each area prior to the completion of the
effective erosion and sediment control measures.
Owner's statement and signature certifying that the approved plans
will be implemented under the direct supervision of a registered
professional engineer, if required by the City Engineer.
Hydraulic and hydrologic analysis for runoff and/or detention
facility/facilities, if on-site detention is deemed necessary.
Hydraulic and hydrologic analysis for any alterations within the flood
hazard area, or for the alteration of any water course.
Estimate of the quantity of excavation and fill involved with drawings
indicating each separate excavation or fill.
Plans for control of on-site and off-site sedimentation for the
prevention of deposits of sediment from the tract upon any other offsite public or private property or water course during all phases of the
project construction.
A summary statement concerning the effect(s) the proposed project
will have on the existing and future drainage system(s) of the area.
Three (3) sets of scale drawings at a scale approved by the City
Engineer.
(3)
Provided, however, if the City Engineer is unable to determine from the
application submitted that it meets the policies and standards governing the
issuance of the requested permit, the City Engineer shall request the applicant,
in writing, to furnish such additional information as may be essential to such
determination.
(1)
Duplication of information. Any documents, drawings, or other information,
which were submitted by the applicant in conjunction with the processing of
any drainage plan previously approved by the City shall not be required to be
resubmitted with the earth change permit application except at the request of the
City Engineer.
(C) Earth Change Policies and Standards.
(1)
Policies. Issuance of the earth change permits shall be governed by the following policies of the City.
(a)
(b)
(c)
(d)
No earth changes shall be permitted which creates a public hazard
upon any property within the City through the obstruction,
impairment, sedimentation, blockage or alteration of any storm sewer
drain or any existing surface water course.
No earth changes shall be permitted which will channelize, obstruct or
impede any water course in a manner which is inconsistent with
accepted engineering practices and/or the adopted Engineering Design
Standards of the City.
All earth changes shall be designed, constructed and completed in a
manner which minimize the time of exposure of bare earth to the
elements.
Construction activity on individual tracts shall be conducted only if
appropriate sedimentation facilities are installed and maintained
throughout the construction period to minimize sediment from any
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(e)
(2)
such tract being deposited upon any off-site public or private property
or water course during all phases of project construction.
The requirements and conditions of an approved drainage plan shall
be incorporated as a condition upon the issuance of any earth change
permit, where applicable.
Standards Established. The policies governing earth changes shall be implemented by the adopted City Engineering Design Standards which shall
specifically regulate the following considerations :
(a)
(b)
The adopted City Engineering Design Standards shall regulate the
design, installation and utilization of all detention and drainage
facilities and structures.
The adopted City Engineering Design Standards shall regulate the
design, installation, maintenance and removal of sedimentation and
erosion control procedures, facilities and structures and shall establish
acceptable methods and practices for controlling soil sedimentation
and erosion.
§ 4-17-5. Exemptions.
(A)
Earth Change Exemptions. An earth change permit shall not be required for the
following activities:
(1)
Bona fide agriculture and farming operations which constitute the principal
use of a tract of ground in the City and which meets the requirements of the
Zoning Code of the City.
(2)
Customary and incidental routine grounds maintenance, landscaping, and
home gardening which does not require a zoning use exception, a minor
zoning variance, or a building permit, which does not affect natural drainage,
and which does not affect storm water drainage on entering and leaving any
public easement and/or right-of-way. Upon complaint to the City or
identification of a significant impact by the City, the City Engineer may
require an earth change permit.
(3)
All zoning districts where a plat has been filed with the City and the
provisions of this Article have been met through provisions of the subdivision
regulations.
(4)
Individual new home construction building permits unless required by the
City Engineer upon recommendation of the Building Inspector or Public
Works Director.
(5)
Emergency repairs of a temporary nature made on public or private property
which are necessary for the preservation of life, health, or property, and which
are made under such circumstances where it would be impossible or
impracticable to obtain an earth change permit. Notification of such
emergency repairs shall be made in writing to the City Engineer within
seventy-two (72) hours.
(6)
Temporary excavation for the purpose of maintaining or repairing any public
street, public utility, or any service lines related thereto.
(7)
Flood hazard areas regulated by provisions of the Jenks Flood Damage
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Prevention Article. Any City, governmental, franchised, or utility work which
has been otherwise reviewed and approved by the City Engineer in
compliance with the Article.
§ 4-17-6. Administrative Procedure.
(A)
Processing by the City Engineer. After receipt of an earth change permit application,
the City Engineer shall review the application and determine if the application is
consistent with the policies and standards established by this Article. The City
Engineer shall notify the applicant of any additional requirements upon review of the
application. After receipt of such additional information as may have been required by
the City Engineer, or as may have been determined to be necessary during a
conference with an applicant, a final decision shall be made by the City Engineer who
shall cause the permit to be issued after the permit fee has been remitted to the City
Clerk. If the permit is denied, the City Engineer shall inform the applicant in writing
stating a reason for denial. The applicant may appeal the denial to the City Manager
who shall render a decision within seven (7) business days. If disapproved by the City
Manager, the applicant may appeal to City Council which shall consider the appeal
within 30 calendar days from making the appeal to City Council.
(B)
City-Council Action Upon Appeal. The City Council shall review the
recommendations of the City Engineer and City Manager and approve, approve per
the City Engineer's conditions, approve with additional conditions, or require further
review of the application. Upon approval, the City Council will direct the City
Manager or designee to issue the earth change permit.
§ 4-17-7. Enforcement and Penalties.
(A)
Notification of Non-compliance. If at any time the work being performed in
accordance with an earth change permit does not conform to the approved permit,
including conditions and approved modifications thereof, a written notice to comply
shall be given to the permit holder by the City Inspector or designee stating the nature
and location of the alleged noncompliance. The permit holder shall have such time as
may be allowed in writing by the City Inspector or designee to correct all noted
deficiencies. The time allowed shall be reasonable and shall be determined by the
nature of the deficiency and whether or note it creates a nuisance or hazard.
(B)
Temporary Suspension of Earth Change Permit. An earth change permit may be
temporarily suspended by the City Engineer or designee upon the existence of any
conditions or the doing of any act constituting or creating a condition which endangers
human life or may cause severe property damage to others. The City Engineer or
designee may issue an immediate stop. work order as provided under Section 7.3 of
this Article. The City Engineer or designee shall, upon issuance of a temporary
suspension, give the permit holder written notice specifying the grounds for such
temporary suspension.
(C)
Suspension or Revocation of Earth Change Permit.
(1)
An earth change permit may be suspended or revoked upon the occurrence of
any one of the following events:
(a)
(b)
(c)
Violation of any material condition of the permit.
Violation of any provision of this Article or any other applicable law,
rule or regulation pertaining to the earth change permit.
Existence of any condition or the doing of any act constituting or
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creating a nuisance, hazard, or endangering human life or property of
others.
(2)
Upon the suspension or revocation of an earth change permit by the City
Engineer or designee, there shall be issued a stop work order on an
construction activity on the permit holder's tract which may be directly or
indirectly related to site drainage and which is being performed pursuant to
any permits, licenses, franchises or contracts issued or approved by the City;
such order may order a work stoppage on all construction activity on buildings
or structures and all appurtenances thereto, including building, electrical,
plumbing, mechanical, and street work, storm sewers, sanitary sewers, and all
utilities including gas, electric, telephone and cable television. Notices and
orders required by this subsection shall be served upon the parties concerned
either personally or by certified mail, addressed to the individual contracting
party(ies) or permit holder at the address given on the permit application filed
with the City.
(D)
Fine Imposed. Any person, firm or corporation, or other legal entity, violating the
requirements of this Article shall be guilty of a misdemeanor and, upon conviction,
shall be fined not more than One Hundred Dollars ($100.00) plus court costs, for each
and every violation, and each day's violation thereof shall constitute a separate
offense.
(E)
Fine Not Exclusive Penalty. In addition to fine or imprisonment, the City may institute
appropriate actions or proceedings at law or equity for the enforcement of the
provisions of this Article or adopted City Engineering Design Standards or to correct
violations thereof, and, if applicable and appropriate, the City may institute
appropriate actions or proceedings at law or equity against any surety company,
escrow holder, or any third party who has affirmatively acted as surety or guarantor
for the faithful performances of the permit holder's work. (Enacted Ordinance 773,
April 6, 1992).
Article 18. Promotional Fee.
§ 4-18-1. Purpose.
(A)
As land is developed for residential, commercial and industrial uses within the City of
Jenks, a need for additional promotional activities to encourage new
homebuyers/utility customers, shoppers and tourists is created to serve the residents of
Jenks. In order to enable the City of Jenks to provide funds for the said promotional
activities, a fee is hereby imposed on all new residential, commercial and industrial
development within the City. The proceeds of this fee are to be set aside exclusively
for the preparation, development, and implementation of such promotional and
marketing plans authorized by the Jenks Public Works Authority, except as exempted
herein.
§4-18-2. Fees.
(A)
Applicants for building permits for construction of new residential, commercial, or
industrial structures shall pay to the City Clerk's office a fee based upon the estimated
cost of the new structure, collectable at the time other building permit fees are paid
and prior to the issuance of such permits. See initial “Master Fee Schedule for Chapter
4 Building, Plumbing, and Electrical Installations” for current Permit Fee
requirements.
113
(B)
Such fees shall be transferred to the Promotional Program Fund of Jenks Public Works
Authority.
§4-18-3. Exemptions.
(A)
Agencies of the United States of America, State of Oklahoma, Tulsa County, Public
School Districts, City of Jenks and related City entities such as Jenks Public Works
Authority or Jenks Industrial Authority, and recognized non-profit corporations or
nonprofit organizations acting in their official capacities are hereby exempted from the
fee requirements of this chapter.
(B)
Building permits required to reconstruct or replace residential, commercial or
industrial structures destroyed by fire, flood, wind or tornado storms, and other civil or
natural disasters or similar events are hereby exempted from the fee requirements of
this chapter. (Added Ord. #956, May 4,1998).
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Chapter 5
BUSINESS AND OCCUPATIONS
Article 1. Licenses: Generally
§5-1-1. License Tax Levied on Certain Persons, etc.
(A)
A license tax is hereby levied on every person, firm, association or corporation
engaging in, exercising, or pursuing any of the following businesses, professions,
trades, occupations or privileges in this city, in the amount respectively indicated:
(1)
For each itinerant show, exhibition, or entertainment (comedy, musical,
dramatic, or other) which charges admission, ten dollars ($10.00) per week;
provided that this shall not apply to circuses, menageries, street fairs and
carnivals, nor to shows, etc. given for the benefit of charity, education or other
nonprofit purposes.
(2)
For each circus traveling by railroad using (A) from one to ten railroad cars,
fifty dollars ($50.00) per day; (B) from eleven (11) to twenty (20) railroad
cars, seventy-five dollars ($75.00) per day; (C) more than twenty (20) railroad
cars, one hundred fifty dollars ($150.00) per day; including in each case above
the right to parade; for the right to parade alone in each case above, one-half
(1/2) of the tax indicated.
(3)
For each circus traveling by land using (A) from one (1) to ten (10) vehicles,
twenty-five dollars ($25.00) per day; (B) from eleven (11) to twenty (20)
vehicle, fifty dollars ($50.00) per day; (C) more than twenty (20) vehicles,
seventy-five dollars ($75.00) per day; including in each case above the right to
parade; for the right to parade alone in each case above, one-half (1/2) of the
tax indicated.
(4)
For each street fair or carnival (including all activities under its auspices),
twenty-five dollars ($25.00) per day.
(5)
For each person, agent or solicitor selling, or taking orders for goods, wares,
magazines, or other things of any kind, five dollars ($5.00) per day. No such
sales are to be made after 9:00 P.M. on any day. Local non-profit charitable,
civic, religious or educational organizations are exempted from the payment
of such license tax for up to a thirty (30) day sales period and may, after thirty
(30) days has elapsed since the last sales period, apply for another thirty (30)
day exemption. All solicitors, however, shall register with the Jenks Police
Department. (Amended Ord. #733, 11/19/90)
(6)
For each person peddling, or selling from a stand, cart, other vehicle, basket,
or similar thing, drinks, ice cream or other frozen foods of any kind,
sandwiches or any other kind of foods, five dollars ($5.00) per day. Local
non-profit charitable, civic, religious or educational organizations are
exempted from the payment of the license tax. In lieu of payment of the $5.00
per day fee, an applicant may pay an annual license fee of $75.00. Such
vendor shall provide proof of sales tax payment. All such persons, whether
exempted from the tax or not, shall register with the Jenks Police Department.
(Amended Ord. #857, 6/5/95).
(7)
For each person running a ferris wheel, merry-go-round, small cars or similar
115
apparatus, when not under the auspices of a street fair, carnival, or circus, five
dollars ($5.00) per day.
(8)
For each itinerant photographer or itinerant person selling or taking orders for
photographs, five dollars ($5.00) per day.
(9)
For each snooker, pool, or billiard hall, twenty dollars ($20.00) per year per
table.
(10)
For each domino, card, and/or other game parlor, $5.00 per year per table, or
in case game is not played on a table, per playing space or area.
(11)
For each coin-operated music device or coin operated amusement de-vice, as
defined by 68 O. S. §1501, an annual license fee of $37.50 shall be payable to
the City of Jenks, in addition to any license fee payable to the Oklahoma Tax
Commission. (Amended Ord 697, Nov. 21, 1988)
(12)
For each coin operated vending device, as defined by 68 O. S. 1501, requiring
a coin or thing of value of twenty five cents ($0.25) or more, an annual license
fee of $37.50, and for each coin operated vending device requiring a coin or
thing of value of less than twenty five cents ($.25), an annual license fee of
$7.50. Such fees are payable to the City of Jenks and are in addition to any
license fee pay-able to the Oklahoma Tax Commission. (Amended Ord. 697,
Nov. 21, 1988)
(13)
For each retail dealer selling non-intoxicating beverages as defined by 37 O.
S. 1972 §163.2, for consumption on and or/off the premises, an annual
municipal license fee of ten dollars ($10.00), and for each retail dealer selling
non-intoxicating beverages in original packages and not for consumption on
the premises, an annual municipal license fee of ten dollars ($10.00); provided
that a city license may be issued to such a dealer only if he already holds a
state license for such sales. Additionally it is required that the necessary forms
be completed and furnished the city clerk prior to the city license being issued.
(Amended Ord. #358, July 16, 1979)
(14)
For each pawnbroker; fifty ($50.00) per year. (Code 1972, § 8-31, Amended
Ord. #385, June 2, 1980)
§5-1-2. Payment of License Tax, Issuance of License, Expiration Date, etc.
(A)
It is unlawful for any person, firm, association, or corporation to engage in, exercise,
or pursue any business, profession, trade, occupation, or privilege for which a license
tax is levied by the above section or by any other ordinance or ordinance provision
without paying the license tax, and securing and possessing a valid license therefore.
Upon making proper application to the city clerk, the payment of the license tax, and
fulfillment of any other condition which may be prescribed by law and/or ordinance,
the city clerk shall issue a license therefore.
(B)
Annual licenses shall expire on the 30th day of June of each year. When an annual
license is issued after July 1st for the remainder of the year to a person, firm, or
association or corporation just beginning to engage in, exercise, or pursue a business,
profession, trade, occupation or privilege, the tax collected shall be a fractional part of
the annual tax equal to the fraction of the year remaining provided that the minimum
tax for a part of a year shall be five dollars ($5.00). (Code 1972, §8-32)
116
§5-1-3. Separate Licenses Required.
(A)
Every person, firm, association, or corporation who engages in, exercises, or pursues a
business, profession, trade, occupation, or privilege for which a license is required, at
or from more than one place in the city., or who engages in, exercises, or pursues more
than one such business, profession, trade, occupation, or privilege, shall pay the fee,
and secure a separate license, for each such place and/or for each such business,
profession, trade, occupation or privilege. (Code 1972, § 8-33.)
§5-1-4. License to be Displayed.
(A)
Every holder of a license to engage in, exercise, or pursue a business, profession,
trade, occupation, or privilege, shall conspicuously display the license at all times in
some part of his place of business or activity where a person who has entered the place
may readily see it; or, if he has no particular place of business or activity, shall carry
the license and display it to any person who requests to see it. Provided that, in lieu of
the above manner of displaying such licenses, when licenses are required for coinoperated music or amusement devices, vending machines, and similar devices and
equipment, the license may be placed on or attached to such device or equipment in
such position and manner that it will be clearly visible; and shall be so placed or
attached if the license so states on its face. It is unlawful to fail or refuse to display the
license as required in this section. (Code 1956, § 57). (Code 1972, § 83-34.)
§5-1-5. License May be Revoked.
(A)
Any license issued by the city to any person, firm, association, or corporation to
engage in, exercise, or pursue any business, profession, trade, occupation, or privilege,
may be revoked by the council, after adequate opportunity for a hearing, for the
following reasons: (1) That the licensee is engaging in, exercising, or pursuing the
business, profession, trade, occupation, or privilege in such a manner that he has
created or is creating a public nuisance as defined by 50 O. S. 1972, § 1 and 2. (2)
Serious and repeated violation of the law or ordinances. Provided that, valid licenses
may be revoked only when the business, profession, trade, occupation, or privilege is
one which the council has power to prohibit because of its nature or because of the
manner in which it is engaged in, exercised, or pursued. (Code 1972, § 8-35.)
§5-1-6. Transfer of License Prohibited.
(A)
11 O. S. 1972 § 653 prohibits the assignment or transfer of licenses, and hence
assignment or transfer of licenses shall not be permitted in this city. (Code 1972, § 836.)
§5-1-7. Duplicate license.
(A)
Whenever any license to engage in, exercise, or pursue a business, profession, trade,
occupation, or privilege, has been lost or destroyed without wrongful act or
connivance by the holder, the city clerk, on application, shall issue a duplicate license
for the unexpired time. Before the duplicate is issued, the holder shall make, and file
with the city clerk an affidavit that the license has not been transferred, that it has been
lost or destroyed without any wrongful act or connivance by the holder, and that, if
believed lost, he has made diligent search for it and has not been able to find it. The
fee for every duplicate license issued, payable to the city clerk, shall be five dollars
($5.00). (Code 1972, § 8-37.)
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Article 2. Pool, Snooker and Billiard Halls
§5-2-1. License Required.
(A)
It is unlawful for any person, firm, or corporation to operate any pool, snooker, or
billiard hall, table, or tables for the purpose of gain or profit, or when a charge is made
for playing the games, without first having procured a license therefore as herein
provided. (Code 1972, § 8-38.)
§5-2-2. Application for the Issuance of Licenses.
(A)
Such licenses shall be issued by the city clerk upon application therefor in writing,
setting forth the name of the owner and/or operator thereof, and the proposed place of
business, and the payment of a license fee set forth hereinbefore. All such licenses
shall be for a period of one (1) year, except that such licenses shall be forfeited and
expire at once upon the violation of any of the provisions of this article by the owner
and/or operator of any such place. (Code 1972, § 8-39.)
§5-2-3. Offenses.
(A)
It is unlawful for any person, firm, or corporation operating a pool, snooker, or billiard
hall within the City of Jenks:
(1)
of
To permit any intoxicated person to loaf or loiter or be in or about such place
business; or
§5-2-4. Time of Operation.
(A)
All persons, firms and corporations operating pool, snooker, or billiard halls shall
close their places of business in which such tables are operated at 12:00 midnight or
earlier, and shall not reopen the same for business before 7:00 a.m. on the next day.
All such places shall be closed all day on Sundays except between the hours of 1:00
P.M. and 10:00 P.M. (Code 1972, §8-42)
§5-2-5. Penalty.
(A)
Any person, firm, or corporation who violates or neglects or refuses to comply with
any regulation, requirement, or provision of this article is guilty of an offense, and
upon conviction thereof, shall be fined in a sum of not more than one hundred dollars
($100.00), plus court costs, and/or thirty (30) days in jail. Each day upon which any
violation occurs shall constitute a separate offense.
Article 3. Pawnbrokers
§5-3-1. Compliance with State Licensing, Finance, Interest Rate, Disclosure and Reporting
Requirements.
(A)
Every pawnbroker transacting business within the City of Jenks shall first be licensed
by the State of Oklahoma to conduct such business.
(B)
Every pawnbroker transacting business within the City of Jenks shall comply with the
State statutory requirements relating to financing, setting interest rates, disclosure and
reporting of transactions as set forth in Title 59 Oklahoma Statutes Section 1501 et seq
and as the same may be amended from time to time. (Amended Ord. #700, December
19, 1988)
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Article 4. Show, etc.
§5-4-1. Shows, Exhibitions and Entertainments.
(A)
It is unlawful for any person, firm or corporation to show moving pictures for profit or
to persons who pay admission charges to view them, at any time between the hours of
2:00 o'clock A. M. and 1:00 o'clock P. M. on Sunday.
(B)
It is unlawful to show vile, obscene or immoral moving pictures at any time or to give
any kind of a show, exhibition or entertainment which is vile, obscene or immoral, at
any time. (Code 1972, § 8-45.)
Article 5. Fortune Telling
§5-5-1. Fees, etc., for Fortune Telling Prohibited.
(A)
It is unlawful for any person or persons pretending or professing to tell fortunes by the
use of any subtle craft, means, or device whatsoever, either by palmistry,
clairvoyancy, or otherwise, plying his or her trade, art or profession within this city, to
make any charge therefore either directly or indirectly or to receive any gift, donation,
or subscription by any means whatsoever for the same. (Code 1972, § 8-46.)
Article 6. Advertising
§5-6-1. Throwing Advertising on Street, etc., Prohibited.
(A)
It is unlawful for any person to throw, leave, or deposit, or cause to be thrown, left, or
deposited, upon any street, alley, sidewalk, or other public area, any handbill, circular,
or other advertising matter.
Article 7. Oil and Gas
§5-7-1. Purpose
(A)
It is the purpose of this ordinance to safeguard the public health, safety and welfare, to
protect public and private property and to protect soil, air and water from the hazards
of oil and/or gas exploration and production in the City of Jenks by provisions
designed to:
(1)
Limit fire and explosion potential,
(2)
Limit street and road damage by heavy equipment traffic,
(3)
Confine or flare toxic or explosive gases,
(4)
Limit the pollution of soil and water resources by salt water, oil and gas
products or extraction by-products,
(5)
Limit obnoxious noise and vibration caused by the drilling for, extraction,
production or transportation of oil, gas, or by-products.
§5-7-2. Minimum Standards.
(A)
The provisions set forth in this Ordinance shall be considered as minimum
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requirements and shall not relieve any person, company or other business entity from
any obligation imposed by law or regulation to use reasonable care and take
precautions for the safe-guarding of life and the protection of property.
§5-7-3. Adoption by Reference.
(A)
The Oklahoma Corporation Commission Rules and Regulations of Oil and Gas
Conservation Division and the Regulations of the United States Clean Water Act are
hereby adopted by reference and declared to be a part of this Ordinance except when a
conflict exists, this Ordinance shall prevail.
§5-7-4. Definitions.
(A)
Unless specifically defined below, words and phrases used in this Ordinance shall be
interpreted to give them the meaning they have in common usage and to give this
Ordinance its most reasonable application. All technical or oil and gas industry words
or phrases used herein and not specifically defined shall have the meaning customarily
attributable thereto by prudent operators in the oil and gas industry.
CITY means City of Jenks, Oklahoma.
CITY COUNCIL means the governing body of the City.
CITY MANAGER means the chief administrative officer of the City.
CONVERT OR CONVERSION means to change a well from Primary Production to
an Enhanced Recovery Well or to a Disposal Well.
DELETERIOUS SUBSTANCE means any chemical, salt water, oil filed brine, waste
oil, basic sediment, mud, or injurious substances produced or used in the drilling,
development, production, transportation, refining or processing of oil, gas, or
condensate.
DISPOSAL means the injection of salt water or other substances into the earth at a
point different than the point of extraction or production thereof from the earth.
ENHANCED RECOVERY means any operation by which fluid, gas or energy is
introduced into a source of supply for the purpose of stimulating recovery there from.
INJECTION PLANT means equipment used to power or charge with energy an
enhanced recovery operation.
INSPECTOR means the official appointed by the City Manager to enforce this
Ordinance and such title shall include any duly authorized representative of such
official.
LEASE means a tract of land subject to an oil, gas, and mineral lease or other oil and
gas development contract, or any lease, and any tract of land in which the minerals are
owned by an operator or someone holding it under him, but which, due to the fee
royalty ownership, is developed and operated as a separate tract.
NATURAL PRODUCTION means the raising of petroleum and/or natural gas to the
surface of the earth by natural flow.
PERMITTEE means the person to whom is issued a permit for the drilling, operating
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and producing of a well under this Ordinance, and his heirs, legal representatives,
successors and assigns.
PRIMARY PRODUCTION means the raising of petroleum to the surface of the earth
by natural flow or by means of pumping.
PERSON means and includes any natural person, corporation, association,
partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or
representative of any kind.
PIT means any excavation designed or used to receive, store or hold rocks, drill bit
cuttings, shale, sand, water, drilling mud, waste oil, oil derivatives, salt water, or other
waste products or deleterious substances produced or used in the drilling, swabbing,
cleaning, or reworking of any oil, gas, or disposal well.
RESIDENTIAL SUBDIVISION means an area of land that has been divided into lots
for domiciles, such division having been platted and filed at the Office of the County
Clerk so that each lot may be described with a unit designation.
REWORK OR SERVICE means to clean out or otherwise work on a well in order to
increase or restore production.
STREET means any street, highway, sidewalk, alley, avenue, recessed parking area,
or public right-of-way, including the entire right-of-way.
WELL means any hole or holes, bore or bores to any sand, horizon formation, strata,
or depth for the purpose of producing any oil, gas, liquid hydrocarbon, brine water,
sulphur water or use for injection for enhanced recovery, or for disposal.
§5-7-5. Permit Required.
(A)
It shall be unlawful and an offense for any person acting either for himself or acting as
agent, employee, independent contractor, or servant for any person to knowingly
convert or drill any well or to install any injection plant within the corporate limits of
the City of Jenks without a permit having first been issued by the authority of the City
Council of the City of Jenks in accordance with the terms of this Ordinance.
§5-7-6. Permit Application and Filing fee.
(A)
Every application for a permit to drill a well or to install an injection plant shall be in
writing signed by the applicant or some person duly authorized to sign on his behalf
and shall be filed with the City Clerk of the City of Jenks and accompanied with a
filing fee of one thousand two hundred and fifty dollars ($1,250.00) to reimburse the
City for expenses in conducting well and injection plant inspections that are set forth
and incidental thereto. Any funds not expended as such specific reimbursement to the
City shall be placed in an account to pay costs incurred by the City as a result of the
allowance of the drilling of wells in the City Limits in general. A separate application
shall be required for each well and each injection plant and shall include full
information required on application forms supplied by the Inspector.
§5-7-7. Issuance or Refusal of Permit.
(A)
The City Council, within thirty (30) business days after the filing of the application for
a permit to drill and operate a well, or operate an injection plant shall determine
whether or not said application complies in all respects with the provisions of this
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Ordinance and if it does, the City Council shall allow the issuance of a permit for the
drilling and operation of the well or plant for which the application is made. Each
permit issued under this Ordinance shall:
(1)
By reference have incorporated therein all the provisions of this Ordinance
with the same force and effect as if this Ordinance were verbatim in such
permit.
(2)
Specify the location of the proposed well, or injection plant with particularity
to a section line or other available correct legal description.
(3)
Contain and specify that the term of the permit shall be for a period from the
date of the permit and so long thereafter as oil and gas produced or until such
time as the permittee has permanently abandoned the operation of such well or
injection plant for which the permit was issued or until revocation of permit
by the City Council.
(4)
Contain and specify such other terms and provisions as may be necessary in a
particular case to accomplish the purpose of this Ordinance.
(5)
Specify the cementing program of casing and total depth to which the well, if
any, will be drilled.
(6)
Contain and specify that no actual operations shall be commenced until the
permittee shall file and have approved an indemnity bond in the designated
principal amount as so determined by the City Council or has complied with
the bond and insurance provisions of this Ordinance.
(B)
Said permit, in duplicate originals, shall be signed by the Inspector, and prior to
delivery to the permittee, shall be signed by the permittee (with one original to be
retained by the City and one by the permittee) and when so signed shall constitute the
permittee's drilling and operating license and the contractual obligation of the
permittee to comply with the terms of such permit, and such bond, and this Ordinance.
(C)
If the permit for the well be refused, or if the applicant notifies the City Council in
writing that he does not elect to accept the permit as tendered and wishes to withdraw
his application, or if the bond of the applicant be not approved and the applicant
notifies the City Council in writing that he wishes to withdraw his application, then
upon the happening of said events the cash deposit to be filed with the application
shall be returned to the applicant, except that there shall be retained there from by the
City, five hundred dollars ($500.00) as a processing fee.
(D)
The copy of the permit retained by the permittee shall be kept immediately available
for inspection by any City or State law enforcement official who demands to see the
same. Grant of the permit by the City is not a guarantee of competence of the
permittee nor is it an expression of the feasibility of the operations. The City Manager
is authorized to procure professional services to make recommendations to City
Council prior to Council's authorization of permit.
§5-7-8. Insurance and Bond.
(A)
In the event a permit be issued by the City Council under the terms of this Ordinance
for the drilling and operation of a well, no actual drilling operations shall be
commenced until the permittee shall file with the City Clerk of the City a bond and a
certificate of insurance, as follows:
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(B)
(1)
A bond in the principal sum of not less than ten thousand dollars ($10,000.00)
for each well. In no event shall whole sum of bond exceed one hundred
thousand dollars ($100,000.00) per operator. Said bond shall apply to any one
or all wells. Said bond to be executed by a reliable insurance company
authorized to do business in the State of Oklahoma, as surety, and with
applicant as principal, running to the City for the benefit of the City and all
persons concerned conditioned that the permittee shall comply with the terms
and conditions of this Ordinance in the drilling and operation of' the well. Said
bond shall become effective on or before the date the same is filed with the
City Clerk and remain in force and effect for at least a period of six (6)
months subsequent to the expiration of the terms of the permit issued, and in
addition the bond will be conditioned that the permittee will promptly pay
fines, penalties, and other assessments imposed upon the permittee by reason
of his breach of any terms, provisions and conditions of this Ordinance, and
that the permittee will promptly restore the streets and sidewalks and other
public property of the City, which may be disturbed or damaged in the
operations, to their former condition; and that the permittee will promptly
clear all premises of all litter, trash, waste, and other substances used, allowed,
or occurring in the drilling or producing operations, and will, after
abandonment, grade, level and restore said property to the same surface
condition, as nearly possible, as existed when operations for the drilling of the
well or wells were first commenced; and that the permittee will indemnify and
hold the City harmless from any and all liability growing out of or attributable
to the granting of such permit. If at any time, the City Council may deem any
permittee's bond to be insufficient for any reason, it may require the permittee
to file a new bond.
(2)
If, after completion of a well, the operator has complied with all of the
provisions of this Ordinance, such as to removing derrick, clearing premises,
etc., he may apply to the City Council to have said bond reduced to a sum of
not less than ten thousand dollars ($10,000.00) for the remainder of the time
said wells produce without reworking. During reworking operations, the
amount of the bond shall be increased to the original amount.
In addition to the bond required in paragraph A of this section, the permittee shall
carry a policy or policies, of standard comprehensive public liability insurance,
including contractual liability covering bodily injuries and property damage, naming
the permittee and the City, in an insurance company authorized to do business within
the State of Oklahoma, said policy or policies in the aggregate shall provide for the
following coverage:
(1)
Bodily injuries of five hundred thousand dollars ($500,000.00) per person;
one million
dollars ($1,000,000.00) one accident;
(2)
Property damage five hundred thousand dollars ($500,000.00).
Permittee shall file with the City Clerk of the City certificates of said insurance as
above stated. Said insurance policy or policies shall not be cancelled without written
notice to the City Clerk of the City at least ten (10) days prior to the effective date of
such cancellation. In the event said insurance policy or policies shall terminate, then
permittee's rights to operate under said permit shall cease until permittee files
additional insurance as provided herein.
(C)
If, after completion of a well, permittee has complied with all of the pro-visions of this
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Article, such as to removing derrick, clearing premises, etc. he may apply to the City
Council to have said insurance policies reduced as follows:
(1)
Bodily injuries one hundred thousand dollars ($100,000.00) one person, three
hundred thousand dollars ($300,000.00) one accident;
(2)
Property damage one hundred thousand dollars ($100,000.00) for the
remainder of the time said well produces without reworking. During
reworking operations the amount of the insurance policy or policies shall be
increased to the original amount.
§5-7-9. Deeper Drilling.
(A)
(B)
Once any well has either been completed as a producer or abandoned as a dry hole, it
shall be unlawful and an offense for any person to drill such well to a deeper depth
than that reached in the prior drilling operations without the permittee as to such well
obtaining a supplemental permit after filing a supplemental application to the City
Clerk specifying:
(1)
The then condition of the well and the casing therein;
(2)
The proposed casing program to be used in connection with proposed
deepening operations;
(3)
And evidence of adequate current tests showing that the casing strings in said
well are sound and adequate to perform the purpose originally intended.
In the event the City Council is satisfied that such well may be deepened with some
degree of safety as existed in the original well, a supplemental permit may be issued
for an additional one thousand dollars ($1,000.00) filing fee to the permittee
authorizing the deepening and operation of the well to such specified depth for which
applied. In any deeper drilling or any deeper completion of any productions
operations, the permittee shall comply with all provisions contained in this Article and
applicable to drilling, completion, operation and production of a well or wells. If the
operator has removed the derrick and drilling equipment from the location, the
supplemental permit shall comply with the requirements specified for a permit in §57-7. It shall be unlawful and an offense to drill any well to a depth of greater than
three thousand (3,000) feet.
§5-7-10.
(A)
Conversion From Natural Production to Enhanced Production or Conversion
to Disposal.
No person shall convert any well from primary production to a use for enhanced
recovery production or convert any well to a disposal well without first applying for a
permit in the same form as that required by the preceding sections in applying for a
permit to drill an original well. In addition to the information contained therein, this
application shall also provide the following:
(1)
One (1) copy of all cement bond longs
(2)
One (1) copy of all information supplied to the Corporation Commission,
together with the Corporation's approval of the project; copies of all
Corporation Commission forms, indicating successful pressure testing of each
enhanced recovery or disposal well at a pressure adequate to perform intended
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function, and if no such Corporation Commission forms have been submitted,
then sufficient independent evidence of the successful pressure testing of each
such well.
(B)
Upon completion of the application required hereunder, together with the submission
of filing fee in the amount of seven hundred fifty dollars ($750.00) per project, the
City Council shall have thirty (30) days to review the same and approve or disapprove
the project.
(C)
Injection lines for enhanced recovery or disposal shall be buried in a trench of a depth
not less than three (3) feet, and shall be pressure tested (static) annually at a minimum
of one hundred fifty percent (150%) of the pressure normally encountered at the
injection pump discharge for a period of ten (10) minutes. The City shall be notified
five (5) days in advance of such test and may observe same. Test results shall be filed
with the City upon completion.
(D)
Fresh water wells located within a radius of one-quarter (1/4) mile of any enhanced
recovery or disposal well shall be tested before pressurization and semi-annually
thereafter for the presence of deleterious substances. Such testing is the responsibility
of the permittee and at permittee's sole expense, to be conducted by a person approved
by the City. The City shall be notified five (5) days in advance of such testing and may
observe same. Test results shall be filed with the City upon completion.
(E)
Any production well used for enhanced recovery shall have a static bottom hole
pressure of not greater than ninety per cent (90%) of 0.465 pounds per linear foot of
well depth and a surface pressure of not greater than 0.35 pounds per square inch for
each linear foot of well depth. Production wells shall be placed between injection
wells and any residence or residential subdivision and the operator shall monitor the
bottom hole pressure of said production wells semi-annually and relieve fluid pressure
under said residence or residential subdivision.
(F)
No enhanced production shall be made by use of any type of operation de-pendent on
the use of the injection of a gas or a fluid which is a gas under standard temperatures
and pressure.
§5-7-11. Setbacks for Wells and Injection Plants.
(A)
No injection plant shall be located, no well shall be drilled and no permit shall be
issued for any well or injection plant that is nearer than three hundred (300) feet of any
occupied residence, commercial building or church without the permittee having first
secured the written permission of the owner or owners thereof; except that no primary
production well shall be drilled and no permit shall he issued for any such wells that
are nearer than four hundred (400) feet from a property line of a residential
subdivision.
(B)
No enhanced recovery or disposal well shall be drilled and no well shall be converted
and no permit shall be issued for such wells that are nearer than seven hundred thirty
(730) feet from a property line of a residential subdivision.
(C)
No injection plant shall be located and no permit shall be issued for any such plant that
is nearer than seven hundred thirty (730) feet from a property line of a residential
subdivision.
§5-7-12. Control of Waste Products.
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(A)
All waste, oil, salt water, liquid with oil content, gasoline, or other oil derivatives or
by products, sand, sludge, or other waste produced in connection with the drilling,
testing, cleaning, swabbing, reworking, or operating of any oil, gas, or disposal well
shall be captured and retained in pits and transported from the premises to be
discarded within twenty (20) days of completion of a well. No per-son shall permit
any deleterious substances to escape from the premises owned, leased, or controlled
by the persons conducting such operations by seepage, over-flow, or otherwise, or
flow across the surface of the ground or upon any public way, into any storm or
sanitary sewer, drainage ditch, upon any gutter or paving or into any gully, stream or
tributary.
(B)
Floodplain - all pits shall be one foot above the one hundred (100) year flood-plain or
properly diked so that one hundred (100) year flood waters are repelled from said pit.
§5-7-13. Zoning.
(A)
No permit shall be allowed for the drilling of any well in areas other than those
zoned AG (agricultural), IM (medium industrial), or IH (heavy industrial).
However, no permit for the drilling of any well shall be allowed in an AG, IM
or IH zoned area if a Specific Use Permit affecting the area has been previously
approved by the Jenks City Council. (Amended December 21, 1987, Ord. No.
663)
§5-7-14. Safety Devices and Practices.
(A)
Approved equipment, standard devices, and all ordinary methods commonly known
and used in the oil and gas drilling and producing industry for the safety and
protection of property from damage due to drilling and operating activities shall be
used at all locations. Failure on the part of the owner, driller, or operator to utilize
such equipment devices or methods shall be the basis for permit revocation by the City
Council in addition to any penalties provided in this Ordinance. All drilling wells shall
be equipped with adequate blowout preventers, flow lines and valves commensurate
with the working pressures involved.
§5-7-15. Operating and Equipment.
(A)
All drilling and operations at any well performed by the permittee under this
Ordinance shall be conducted in accordance with the practices of a reasonable and
prudent operation in the area. All casing, valves, and blow out preventers, drilling
fluid, well head, Christmas tree, and well head connections shall be of a type and
quality consistent with such practice. Setting and cementing casing and running drill
stem tests shall be performed in a manner and at a time consistent with the practices of
a reasonable and prudent operator. Each permittee shall observe and follow the
regulations of the Corporation Commission.
(B)
An internal combustion engine may be only used in the drilling operations of the well,
or wells ,and if an internal combustion engine is used, mufflers shall be installed on
the mudpumps and engine so as to reduce noise to a minimum, all of said installations
to be done in accordance with accepted practices for fire prevention purposes. Only
electric driven pumps may be used on producing wells, compressor units, pump
stations and injection plants.
(C)
Drilling operations shall be conducted in such a manner that percolating or ground
water will not be adversely affected, including the prevention of vertical movement of
percolating water.
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(D)
That all oil drilling and production operations shall be conducted in such a manner as
to minimize, so far as practicable, dust, noise, vibration or obnoxious odors, and shall
be in accordance with the best accepted practices incident to drilling for the
production of oil, gas and other hydrocarbon substances. Proven technological
improvements in drilling and production methods may be adopted as they may, from
time to time, become available, if capable of reducing factors of nuisance and
annoyance.
(E)
Except in case of emergency, no materials, equipment, tools, or pipe used for
production operations shall be delivered to or removed from a well or injection plant
site except between the hours of 7:00 a.m. and 8:00 p.m. on any day.
(F)
No refining process or any process for the extraction of products from natural gas shall
be carried on at the drill site, except that separators may be maintained on the drill site
for the separation of liquids from natural gas. Any such separators shall serve only one
well.
(G)
It shall be unlawful and an offense for any person to use or operate in connection with
the drilling or reworking of any well within the corporate limits of the City of Jenks, '
any wooden derrick or any steam powered rig or air rig. All engines shall be equipped
with adequate mufflers. The drilling rig or derrick shall be removed from the premises
within thirty (30) days from the date of completion of the well.
(H)
The well site shall not be used for the storage of pipe, equipment or materials except
during the drilling or servicing of the well or the production facilities allowed on the
site.
(I)
All permittees' premises and leases shall be kept clear of high grass, weeds, and
combustible trash within a radius of one hundred (100) feet around an oil tank, tanks,
or producing wells.
(J)
Surface casing shall be set and properly cemented to a depth of at least fifty feet (50)
below the lowest fresh water zone.
§5-7-16. Storage Tanks and Separators.
(A)
It shall be unlawful and an offense for any person to use, construct or operate in
connection with any producing well within the city limits, any crude oil storage tanks,
except to the extent of two low-type steel tanks for oil storage, not exceeding 500
barrels capacity for each well connected thereto and so constructed and maintained as
to be vapor tight and properly vented. A permittee may use, construct and operate a
conventional steel separator, vapor recovery unit and such other approved tanks and
appurtenances as are necessary for treating oil with each of such facilities, to be so
constructed and maintained as to be vapor tight. Each oil/gas separator shall be
equipped with both a regulation pressure relief safety valve and bursting head. All
such tanks shall be placed above ground, and the tanks shall be placed upon a suitable
earth or concrete pad. All tubing for said tanks and separators shall be made of
internally plastic coated steel.
(B)
The use of a central tank battery is permitted so long as not more than two tanks as
specified in subsection A of this section are used for each well connected to the
battery.
The tank or tanks shall be enclosed within a conventional type fire wall constructed of
compacted earth; sufficient water shall be used during the fire wall construction to
(C)
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assure adequate compaction.
(D)
The fire wall enclosing the tanks shall have a minimum capacity equal to two times
the volume of the tanks enclosed.
(E)
The tanks shall be within the fire wall and shall be fenced and landscaped to assure
them of being practically unseen when viewed from outside the fenced or landscaped
enclosure.
(F)
The separators shall be installed in a manner that will assure them of being practically
unseen when viewed from outside the fenced or landscaped enclosure.
(G)
No tanks or separators shall be located closer than three hundred (300) feet to a
dwelling, business structure, school or street without the permittee having first secured
the written permission of the owner or owners thereof; except that no storage tank or
separator shall be located nearer than four hundred (400) feet from a property line of a
residential subdivision.
§5-7-17. Fencing.
(A)
Any person who completes any well as a producer shall have the obligation to enclose
such well, together with its surface facilities by a substantial sight screening fence and
properly built and thereafter maintained so as to ordinarily keep persons and animals
out of the enclosure, with all gates thereto to be kept locked when the permittee or his
employee are not within the enclosure; provided, however, in non-congested areas, the
City Council in its discretion may waive in writing the requirement of any fence or
may designate the type of fence to be erected.
(B)
A compressor unit, pump station or injection plant location shall be enclosed on all
sides by a minimum six foot (6') chain link fence with double strands of barbed wire
along the top. The chain link fence shall have a minimum of two gates or exit ways,
on the site and adequately marked, and the gates shall be kept locked at all times when
a permittee or employees are not within the enclosure.
(C)
The well site, tank site, tank battery site, pump station, injection plant or compressor
site shall not be used for the storage of pipe, equipment or materials except during the
drilling or servicing of the well, tanks, pump stations or compressor stations, except
where the site is located in an industrial or manufacturing zone.
§5-7-18. Fire Prevention.
(A)
Any permittee engaged in the drilling or operation of an oil and/or gas well or the
operation of any facility used in conjunction with the production of oil and/or gas
within the corporate limits of the City shall take reasonable precautions to prevent gas
from escaping into the air, and shall not flare or burn gas from a torch or any similar
means within the corporate limits of the City; provided, gas may be burned when
necessary to complete any oil and/or gas well upon the original completion or upon
the recompletion or workover jobs upon oil and/or gas wells for no longer than ten
(10) days after completion of a well so long as the same does not constitute a fire
hazard to the property of others within the vicinity of such oil and/or gas well.
(B)
Emergency fire extinguishers and supplies, subject to the approval of the Fire
Department of the City, shall be maintained on the drill site at all times during the
drilling operations, and on the site of each injection plant.
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(C)
The permittee shall place a sign at each well location or site identifying the well and
operator.
§5-7-19. Landscaping.
(A)
The land surrounding any well or surface facility, which is required by any of the
provisions of this chapter to be landscaped, shall be planted and maintained with grass
and plants or shrubs during such production. All such landscaping shall be maintained
in good condition at all times.
§5-7-20. Inspections.
(A)
All equipment necessarily incident to the production of oil and/or gas within the city
limits shall be subject to the inspection and approval of the Inspector.
(B)
Each producing well, pumping unit, compressor unit, injection plant and or injection
plant and or injection well together with their associated equipment (tankage,
separators, structures, fencing, landscaping, etc.) regulated by this Ordinance shall be
inspected annually by the oil and gas inspector for the purpose of conformance to the
various regulations. If any non-conformance is found, the permittee will be notified in
writing of the violation immediately, and the permittee shall begin to institute proceedings to come into full compliance with this Ordinance. The annual inspection fee
shall be two hundred fifty dollars ($250.00) per year for each site upon which there is
located a facility.
§5-7-21. Loss of Control.
(A)
In the event of loss of control of any well, the operator shall immediately take all
reasonable steps to regain control of such well, regardless of any other provisions of
this chapter, and shall notify the oil and gas inspector as soon as practicable after
receipt of notice by his employees of the occurrence of such loss of well control
endangering persons or property. If and when the inspector certifies in writing to the
City Council that, in his opinion, (a) danger to persons or property exists because of
such loss of well control briefly describing the same and (b) the operator is not taking,
or is unable to take, all reasonable necessary steps to regain control of such well, the
oil and gas inspector may employ any well experts or other contractors or suppliers of
special services, or may incur any other expenses for labor or materials which the oil
and gas inspector deems necessary to regain such well. The City shall have a valid lien
against the interest in the well of all working interest owners who have voluntarily
joined in the drilling of such well, to secure payment of any expenditure so made by
the City pursuant to the above provisions.
§5-7-22. Accumulation of Vapors.
(A)
The City shall have the authority upon order from the inspector or the Fire Department
to require the immediate shutting in or closing of any well if there exists any gas or
gasoline vapor in sufficient quantity to constitute a fire hazard within a hundred (100)
foot radius of any well. The determination of the amount of vapor constituting a fire
hazard shall be based upon the judgment of the City Manager or the judgment of the
inspector or Fire Marshal. The well shall remain shut or closed until the hazard and its
cause are removed.
§5-7-23. Ingress and Egress.
(A)
Lease roads shall be maintained in such a manner as to safely and comfortably allow
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for ingress and egress of the City or personnel traveling in a common passenger motor
vehicle. Permittee may not allow the use of any residential street by any equipment or
vehicles used in the oil and gas operations in the fields unless the well or plant site is
surrounded by residential streets. If such site is surrounded and residential streets are
traversed, such residential streets shall be restored to their original condition on
completion of said well or plant.
§5-7-24. Appeals.
(A)
Any permittee aggrieved by any order, directive, or ruling issued by the City Manager
or any City Employee may appeal the same to the City Council which will hear the
matter at its next regularly scheduled meeting. Filing such appeals shall not stay the
enforcement of the order or the provisions of this chapter. Appeal to the City Council
shall be made by filing a written statement by permittee stating the order, directive or
ruling from which he appeals, together with the short statement of the basis for the
appeal, which has been filed with the office of the City Manager within fifteen (15)
days of the issuance of any such order, directive or ruling. City Council upon hearing
the matter, may issue whatever ruling or order is appropriate, provided that such ruling
or order is in keeping with the spirit and purpose of this Ordinance.
§5-7-25. Penalties and Revocation of Permit.
(A)
It shall be unlawful and an offense for any person to violate or fail to comply with any
provision hereof, whether or not the verbiage of each section hereof contains the
specific language that such violation of failure to comply is unlawful and is an
offense. Any person who shall violate any of the provisions of this ordinance or any of
the provisions of a permit issued pursuant thereto, shall be guilty of an offense and
shall, on conviction thereof, be fined in any sum not more than one hundred ($100)
dollars, plus court costs. The violation of each provision of a permit or section of this
ordinance shall be considered a separate violation, and each days violation of each
provision or section shall be a separate offense. In addition to the foregoing penalties,
it is further provided that the City Council, at any regular or special session or meeting
thereof, may, provided ten (10) days notice has been given to the permittee that
revocation is to he considered at such meeting, revoke or suspend any permit issued
under this ordinance and under which operations are being conducted in the event the
permittee has violated any provisions of such permit of this ordinance. In the event the
permit is revoked, the permittee may make application to the City Council for a
reissuance of such permit after thirty (30) days from such revocation.
(B)
Any permits to drill oil and/or gas wells issued by the City of Jenks shall lapse and be
of no further force and effect and shall be considered terminated if the permittee has
not actually begun drilling within six (6) months from the effective date of this
ordinance or the date of issuance of a permit, whichever is longer, unless, prior to such
expiration period a written request for an additional six (6) month period has been
filed with the Jenks City Clerk and approved by the Jenks City Manager. The
requested six (6) months extension shall be granted if the land is still zoned AG, IM or
IH, if the pro-posed wells still meet setback requirements and if the applicant is not in
violation of other provisions of this Article. If drilling has not commenced during the
six (6) months extension, the permit shall lapse. If a permit lapses as herein specified
after its initial six (6) month term, the City shall retain $500 of the permit application
fee and refund the balance to the applicant. If a permittee fails to drill within the six
(6) month extension which may be granted herein, then the City shall retain $625 of
the permit application and refund the balance to the applicant. (Amended, Ord. 570,
Dec. 17, 1984)
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§5-7-26. Waivers.
(A)
The Jenks City Council may, upon proper application clearly and conspicuously
detailing the specific waiver requested by placing the words "Notice-Waiver
Requested" at the top of the first page of said application, waive all or a portion of the
provisions of the following sections of this Article:
§5-7-10(E) Conversion from Natural Production to Enhanced Production or
Conversion to Disposal.; §5-7-15(G) Operating and equipment.; §5-7-17 Fencing; §57-19 Landscaping
The granting of a waiver of any portions of said sections shall be upon terms and conditions
which the City Council, in its sole discretion, feel will adequately protect the public and carry
out the spirit of this Article. (Added, Ord. #525, August 15, 1983)
Article 8. Weights and Measures
§5-8-1. Short Weights and Measures Prohibited.
(A)
It is unlawful for any person, firm, or corporation to sell, or offer for sale, any food,
fuel, clothing, or any other commodity which does not weigh or measure fully as
much, according to standard weights or measures of the State of Oklahoma, as the
weight or measure for which it is sold or offered for sale. (Code 1972, §8-49)
Article 9. Dances
§5-9-1. Public Dances: Times When Not Permitted, Persons Under Eighteen (18) Years.
(A)
It is unlawful for any person, firm, or corporation to operate, conduct, or supervise or
assist in the operation, conduct, or supervision of any dance where the public are
permitted to dance, at any time after 2 o'clock a.m. on Sunday or between 2 o'clock
a.m. and 8 o'clock a.m. on any other day.
(B)
It is unlawful for any person under the age of eighteen years (18) to enter or be in a
place at a dance where the public are permitted to dance unless such person is
accompanied by a parent or guardian, or is properly chaperoned by a responsible
person; or for any person operating, conducting, or supervising, or assisting in the
operation, conduct, or supervision of, such a dance, knowingly to permit a person
under eighteen (18) years of age to enter or remain in such place. (Code 1972, §8-50)
Article 10. Sales of Property of Another
§5-10-1. Consent Required for Sale of Personal Property On or In Vacant Property.
(A)
It is unlawful for any person, firm, or corporation, including a civic or religious
organization, to sell, barter, trade, or transfer any merchandise, wearing apparel, or
other personal property of any kind on or in any vacant property in the city without the
consent of the owner or person in control of said property. (Code 1972, §8-51.)
Article 11. Sales of Concealable Weapons
§5-11-1. Sales.
(A)
All persons trading, selling or offering for sale, any pistol, revolver, dirk, dagger,
bowie knife, capable of being carried concealed upon the person shall at the time any
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such weapons are sold or delivered, require such person receiving or purchasing such
weapon to sign an application for the purchase of such weapon, upon blanks to be
furnished by the City of Jenks to the dealers in weapons of the above description. The
said application to purchase shall contain the name, age, sex, occupation, description,
place of residence, the time such applicant has resided at such place and a description
of the weapon for the purchase of which such application is made, including the make,
caliber and factory number, if any thereon. The dealer selling such weapon shall also,
at the time of sale or delivery, require such person to make and leave with such dealer,
a record of such purchaser's fingerprints, such prints to be made upon suitable blanks
to be furnished to such dealer by the said City of Jenks. It shall be the duty of all
dealers handing any of the weapons described in this Section to deliver to the Police
Department of Jenks on or before the fifth (5th) day of each month, all such
applications and fingerprint records received by such dealer for all sales and deliveries
of such weapons made during the preceding month.
(B)
Provided, however, that the provisions of this Section shall not apply to the sale or
transfer of weapons herein, defined between individuals who are not dealers in such
weapons; nor to the sale of weapons usually used in hunting game and which not
capable of being carried concealed upon the body of the person carrying the same.
(C)
It shall be unlawful for any person, firm or corporation to display or exhibit in any
show window or shop window, in the City of Jenks, Oklahoma, any pistol, revolver,
dirk, bowie knife, dagger, sling-slot, billy, brass, iron or other metal knuckles, or any
similar dangerous or deadly weapon capable of being carried concealed about the
person. (Enacted Ord. #311, June 5, 1978; and Ord. #313, June 5, 1978).
Article 12. Penalty
§5-12-1. Penalty.
(A)
Any person who violates or fails to comply with any provision of this chapter or any
legal order or regulation made pursuant thereto, shall be guilty of an offense, and upon
conviction thereof shall be punished by a fine of not more that two hundred ($200.00),
plus court costs. Each day upon which a violation continues shall be deemed a
separate offense. (Amended, Ord. #534, Nov. 21, 1983; Amended Ord. #1180, Oct.
16, 2006).
Article 13. Regulations for Attack, Protection or Guard Dog Training Facilities
§5-13-1. Definition of Attack, Protection or Guard Dog Training Facility.
(A)
"Attack, Protection, or Guard Dog Training Facility" is hereby defined as any
premises upon which one or more dogs are located at the same time for the purposes
of training the same as an attack, protection, or guard dog. This shall not include
premises on which the owner of said dogs has their principal residence.
§5-13-1. Fencing Requirements.
(A)
That portion of the premises of' a dog training facility where dogs await training as an
attack, protection or guard dog or where such training is conducted, shall either be in a
walled structure or completely fenced with fencing material five (5) feet in height and
of a material which will not allow a dog to escape under or through such fence
material.
(B)
Any gates in the fencing required herein shall be of the same height as the fencing and
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shall remain closed except when escorting a dog in or out of such fenced facility, at
which time the dog shall be under leash.
§5-13-3. Other Requirements.
(A)
Nothing herein shall relieve the owner or operator of a dog training facility from
complying with any other ordinances or zoning requirements. (Added, Ord. #622, July
7, 1986)
Article 14. Massage Establishments
§5-14-1. Definitions.
As used in this article, the following words and phrases shall have the meanings ascribed
hereto:
(A)
Massage means any method of pressure on or friction against the human body:
(1)
By stroking, rubbing, kneading, tapping, pounding, manipulating, vibrating, or
stimulating the external parts of the soft connective tissue of another person;
(2)
By use of the hands, feet, or otherwise, with or without apparatus or
supplementary aids such as vibrators, lotions, powders, hot or cold packs, or
other preparations; and
(3)
When such activity is taken for any type of consideration of gratuity. An
external bath in which the stroking of the body of another is a significant
component is also included within this definition.
(B)
Massage establishment means any place of business where any person regularly
engages in, conducts, carries on, or permits to be conducted any business of the
manipulation of the body by means of massage, as defined, either on or off the
premises.
(C)
Operator means any person owning or operating a massage establishment, including
but not limited to the manager or person in charge of a corporate business, which
operates a massage establishment.
(D)
Massage technician or therapist means any person who administers to another person
for any consideration or gratuity.
(E)
Out-call service means a service where massage as defined is conducted offsite of the
street address of the operator's business.
(F)
Apprentice means any person who administers massage to another person while in
training to become a technician or therapist and under the supervision of a licensed
technician or therapist.
§5-14-2. Exceptions. The following classes of persons and establishments are exempted
from this article:
(A)
"Physicians" as that term is defined in Title 59 Section 725.2 of the Oklahoma Statutes
and physical therapists, licensed in the State of Oklahoma. Provided that employees or
contractors of licensed "physicians" may, by written contract, provide an out-call
service in the private residences of their patients, and such massages at the patient's
home are also exempt.
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(B)
Registered nurses and licensed practical nurses who are licensed in the State of
Oklahoma, performing such services in their usual nursing duties.
(C)
Beauticians and barbers duly licensed under the laws of this state in the course of
practice of their usual and ordinary vocation and profession, as defined by the laws of
this state; except that this exemption shall apply solely to the massaging of the neck,
face, scalp, hands or feet of a patron for cosmetic purposes.
(D)
Massage practices at the athletic department of any state-accredited school, college,
university, seminary, or in connection with the conduct of athletics.
(E)
Hospitals, clinics, nursing and convalescent homes, and other similar institutions
dedicated to medical or nursing practices, licensed under the laws of this state, where
massage and baths may be given to their patients. Employees and contractors of the
respective institutions shall be exempt from this article while in the normal course of
their employment within the institution.
(F)
Massage practiced by students in a state certified institution of learning established for
such instruction.
(G)
Massage of the head, neck, hands, wrists, ankles, or feet only of an otherwise clothed
person. Provided that furniture such as a couch or chair that contains vibratory
equipment may also be used by the massage recipient contemporaneously with the
massage of the named extremities.
§5-14-3. Licensing.
(A)
It shall be unlawful and an offense for any person to operate a massage establishment
or out-call service without having first obtained a current license to do so, as
hereinafter provided.
(B)
It shall be unlawful and an offense for any person to perform the services of a massage
technician or therapist, without first having obtained a current license to do so.
(C)
It shall be unlawful and an offense for an operator of a massage establishment to
permit any person within the establishment to act as a massage technician or therapist,
unless the said person so acting is duly licensed as hereinafter provided or an
apprentice working under the supervision of a licensed technician or therapist.
§5-14-4. Application Fees and Annual License Fees.
(A)
Application processing fee for any type of license (whether granted or denied):
(1)
(2)
(3)
(4)
(B)
Massage establishment . . . $75.00
Massage technician or therapist . . . $45.00
Out-call service ... $45.00
Apprentice.... $45.00
The annual renewal fee of any license shall be as follows:,
(1)
(2)
(3)
(4)
Massage establishment . . . $50.00
Massage technician or therapist . . . $30.00
Out-call service ... $30.00
Apprentice.... $30.00
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(C)
Application fees and annual renewal fees are non-refundable. The application fees
shall be paid at the time of the submission of an application for a license and are not
prorated. If a license shall be issued, the license fee shall be due and payable on July
1st of each year thereafter. In the event that the licensee shall cease operations before
the end of a period for which a license is issued, said license fees shall not be
refundable or prorated.
(D)
The initial establishment, technician or therapist, and out-call license shall not expire
until June 30, 2004, at 11:59 p.m. Thereafter, such licenses shall expire on June 30th
next following issuance.
§5-14-5. Applications.
(A)
(B)
Commercial massage establishment. The operator of the massage establishment
seeking to obtain a license for commercial property shall submit a written application
to the Finance Department so that is may be determined:
(1)
That the applicant is an adult.
(2)
If the applicant is a corporation, the date and state of incorporation; name and
address of the registered agent for the State of Oklahoma and names and
addresses of officers and directors of said corporation shall be stated.
(3)
The applicable zoning of the property where the establishment is to be
located.
(4)
That all employees involved in massage have been examined and have been
issued a health certificate by a medical doctor stating that they have, within
thirty (30) days immediately prior thereto, been examined and found to be free
from any contagious or communicable diseases of a type transmittable during
massage, as to all persons who shall have physical contact with patrons.
(5)
That the applicant, and each employee thereof have not previously been
convicted of any criminal violation involving moral turpitude.
Massage technician or therapist or apprentice. Any person seeking to obtain a license
as a massage technician, therapist, or apprentice shall submit a written application to
the Finance Department containing, but not limited to, the following information:
(1)
The full name and present address of the applicant, and all aliases by which
the applicant is or may be known.
(2)
All addresses and the employment history of the applicant for the three (3)
years preceding the application.
(3)
The applicable zoning of the property where the business is to be located.
(4)
Written proof that the applicant is an adult.
(5)
Applicant's height, weight, date of birth, color of eyes and hair.
(6)
Two (2) portrait photographs which meet the federal standards for passport
photographs, one (1) of which shall be attached to the license issued by the
finance department.
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(7)
The massage or similar business history of the applicant, including whether
such person has ever had a similar license revoked or suspended and the
reasons therefore, and the business activity or occupation subsequent to such
action of suspension or revocation.
(8)
All convictions involving moral turpitude for the seven (7) years preceding
the application.
(9)
A certificate from a medical doctor stating that the applicant has, within thirty
(30) days immediately prior thereto, been examined and found to be free of
any contagious or communicable disease which might be transmitted by
personal contact of a kind customary for massage.
(10)
An applicant for a massage technician or therapist license must furnish a
diploma or certificate of graduation from an institution recognized by any
state wherein the practice or profession of massage technician is taught,
together with a transcript reflecting successful completion of a total of two
hundred and fifty (250) hours for a technician, or five hundred (500) hours of
course work for a therapist. The classroom hours may include up to one
hundred (100) hours of practical experience as supported by a clinical
practicum log. A licensed apprentice may make application for a technician
license upon providing evidence of completion of 400 hours of massage
therapy under the supervision of a licensed technician or therapist and upon
written recommendation from the same who supervised the apprentice along
with a statement from the same that the apprentice meets recognized standards
of treatment. In partial satisfaction of the 400 hours, up to 75 hours of
classroom instruction from a program such as the Jenks Community
Education course, or equivalent, can be counted as twice the number of
classroom hours toward the 400 hour requirement upon presentation of a
successful course completion certificate. In the alternative, applicants may
show that they have successfully passed an examination and are in current
good standing with a certifying agency which meets the standards of and is
approved by the National Commission of Certifying Agencies such as the
National Certification Exam created by the National Certification Board for
Therapeutic Massage and Bodywork.
(11)
Classification of license desired.
(C)
Issuance. The Finance Department shall investigate the validity of the statements
contained in the application for a license required under this article. Refusal or failure
to submit a true and accurate application, containing all information required, shall be
grounds for the finance department to refuse to accept this application or refuse to
issue such license until such time as the application is accurately completed.
(D)
Reciprocity based upon pre-existing practical training. Full-time, practical experience
in Tulsa or in another city with comparable regulation, which experience is based
upon at least two hundred and fifty (250) hours of training, shall be considered the
substantial equivalent of a diploma or certificate of graduation for the purpose of
obtaining a massage technician license in Jenks or five hundred (500) hours for a
therapist; provided such Jenks technician or therapist license is first obtained prior to
October 1, 2003, and maintained in a current status thereafter.
(E)
All records of the application shall be maintained by the Finance Department, under
normal document maintenance procedures.
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§5-14-6. Display of License.
(A)
Every person, partnership, firm or corporation to whom a massage establishment
license shall have been granted, under this article, shall display said license in a
conspicuous place so that the same may be readily seen by persons entering the
premises where the massage is given. Every person to whom a massage technician or
therapist or apprentice license shall have been granted under this article, and who is
working in a licensed establishment, shall affix a name plate or similar means of
identification conspicuously to the garment of the person so that the person's identity
may be readily ascertainable.
§5-14-7. Facilities.
No massage establishment license shall be licensed or renewed on commercial property unless
inspection by the City of Jenks building department and fire department indicates that the
establishment complies with the following minimum requirements.
(A)
Minimum lighting and ventilation shall be provided in commercial facilities in
accordance with the Uniform Building Code; in addition, either direct or indirect
lighting of not less than forty (40) foot-candles shall be provided in such room or
enclosure where services are performed on patrons, and each minimum lighting shall
be in use when services are being performed.
(B)
Approved storage facilities shall be provided and used for the storage of clean linens
in all commercial facilities.
(C)
Adequate equipment shall be provided for disinfecting and sterilizing instruments used
in administering or practicing massage. Such instruments shall be sterilized after each
use.
(D)
Hot and cold running water shall be available at all times.
(E)
Massage establishments in the massage technicians' or therapists' own residence shall
have no more than two (2) patrons on the premises at any one (1) time.
(F)
Adequate private dressing and toilet facilities shall be provided for patrons. A
minimum of one (1) toilet and one (1) wash basin, and facilities to provide a safe and
secure place to keep valuables and personal items, shall be provided in every massage
establishment; provided, however, that if male and female patrons are to be served
simultaneously at a commercial massage establishment, a separate massage room or
rooms shall be provided for male and female patrons.
(G)
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other
physical facilities for the massage establishment must be in good repair and
maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor
rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be
thoroughly cleaned each day the business is in operation. Bathtubs and massage tables
shall be thoroughly cleaned and disinfected after each use.
(H)
Clean and sanitary linens shall be provided for the use of each patron. The table shall
be provided with clean and sanitary linen, paper towel or sheet for each patron.
(I)
A price schedule for all services shall be prominently posted in the reception area or
otherwise readily available to all prospective patrons.
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(J)
In a commercial environment, all massages shall be performed in a massage room
designed for such purpose. No doorway to such room shall be locked during a
massage session.
(K)
All massage establishments shall be located in conformity with the Jenks Zoning
Code, within commercial districts, or as a home occupation within residential districts.
(L)
All massage technicians, therapists and apprentices shall thoroughly wash or
otherwise cleanse their hands prior to each massage.
§5-14-8. Records to be Kept.
(A)
The operator of each massage establishment shall keep and maintain up-to-date a
register of all employees, including their address, date of birth, sex, and duties.
(B)
Every operator shall keep a record of all treatments rendered either on or off the
business site, and shall describe the address of the patron, person rendering such
treatment, and the date of such treatment. Said records shall be maintained for a period
of one (1) year, and shall be available for inspection during normal business hours by
officials of the city.
§5-14-9. Unlawful Acts.
(A)
Any operator of any massage establishment, or any other employee of such massage
establishment, or any massage technician or therapist or apprentice, is hereby
prohibited from:
(1)
Engaging in prostitution, oral copulation, masturbation, sexual intercourse, or
any other act designed or intended to arouse or gratify the sexual desires of
any massage patron; or
(2)
Soliciting, directly or indirectly, any person to engage in prostitution, oral
copulation, masturbation, sexual intercourse, or other act designed or intended
to arouse or gratify the sexual desires of any massage patron, whether such
acts are intended to occur on or off the premises of the massage establishment;
(3)
Engaging in a display amounting to indecent exposure.
(B)
Any operator who knows or reasonably should know that any acts prohibited by this
section have occurred, or are occurring in or upon the premises of the establishment,
without taking action against the offending employee, shall be deemed guilty of
committing such act and shall also be held liable as a principal.
(C)
Any person convicted under this section shall be punished for a violation of an
offense.
§5-14-10. Inspections.
(A)
At least twice a year the city may make an inspection of each massage establishment
in the city to determine compliance with the provisions of this article. Nothing herein
shall preclude authorized city employees or agents from making inspections of the
premises and records at any reasonable time during the hours of operation. It shall be
unlawful and an offense for any operator of a massage establishment to refuse to allow
the aforementioned inspection.
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(B)
Inspection of the premises shall be limited to those areas not in actual use at the time
of inspection; provided, nothing herein shall be construed to preclude a peace officer
from inspecting any area pursuant to a warrant, or as otherwise authorized by
applicable law.
§5-14-11. Revocation and Suspension.
(A)
Any license issued pursuant to this article shall be subject to revocation or suspension,
whenever the holder thereof shall violate any of the provisions of this article or other
applicable ordinances of the City of Jenks relating to massage establishments.
(B)
Upon commencement of revocation and suspension proceedings, the council shall set
a time and place for the hearing of the matter.
(C)
The licensee shall be given notice of the time, place, nature of the revocation or
suspension hearing to be held, and a description of the violation asserted. Such notice
shall be served personally or by mailing by first class U.S. Postal Service mail,
certified, with return receipt requested to the last address furnished to the city by the
licensee, said mailing occurring at least ten (10) days prior to the hearing.
(D)
The city council may preside over the hearing, or in the alternative, may appoint a
hearing officer, who may be a council member, a municipal judge, or a special
committee of the council, to preside over such hearing.
(E)
The hearing officer or the chairman of the special committee shall have the power to
administer oaths and issue subpoenas.
(F)
All evidence shall be recorded stenographically or by electronic recording device. If
the hearing is before a hearing officer, the officer shall prepare a summary of the
evidence and shall make recommendations in writing to the city council within ten
(10) days after the close of the hearing. A copy of this summary and recommendation
shall be transmitted to the licensee. At its next regularly scheduled meeting following
the receipt of such summary and recommendations, the council shall consider same. In
its discretion, the council may reject the hearing officer's recommendation, or may
refer the matter back for further proceedings, or may adopt the recommendation, with
or without modification, or may order a new hearing, before the entire council.
(G)
The Finance Department may summarily suspend any license now or hereafter issued
to any person pursuant to this article whenever the holder thereof shall be convicted of
a violation of any provisions of this chapter under which such license was issued or
whenever, in the judgment of the Finance Department, the public welfare requires the
same. Any person may appeal to the city council from the action of the department in
summarily suspending any such license. Appeal from the department's suspension of
the license shall be to the city council under the procedures hereinbefore stated.
(H)
It shall be unlawful and an offense for any person to carry on or engage in the business
as herein described in this article, while any suspension or revocation is in effect.
§5-14-12. Sale or Transfer.
(A)
No license shall be transferable from one (1) license holder to another. A new
application shall be made by any transferee desiring to own or operate a presently
licensed massage establishment.
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(B)
Any sale or transfer, or any interest in an existing massage establishment, or any
application for an extension or expansion of the premises or removal of the massage
establishment to another location, shall require inspection and shall require
compliance with all applicable provisions of this article and all other applicable
provisions of the Jenks City Code.
§5-14-13. Existing Operations.
(A)
The provisions of this article shall be applicable to all persons and businesses
described herein, whether the herein described activities were established before or
after the effective date of this article, and shall include any person or persons whose
application is presently under consideration or investigation by the city; provided,
however, that those massage establishments in actual existence and operation prior to
the date of adoption of this article shall have a three (3) month grace period from the
effective date hereof, within which to comply with all the conditions and requirements
of this article as set out herein, including but not limited to all licensing, structural and
sanitation provisions. Notwithstanding any provisions to the contrary, any existing
massage establishment shall have a full-time massage technician or therapist who has
met the licensing requirements of this article, on their staff not later than thirty (30)
days from the effective date of this article.
§5-14-14. Operation Contrary to Provisions.
(A)
Any massage establishment operated, conducted, or maintained contrary to the
provisions of this article shall be and the same is hereby declared to be unlawful and a
public nuisance. At the discretion of the city council, the city attorney, in addition to
all other remedies set forth hereunder, may commence an action or actions for the
abatement, removal and enjoinment thereof, in the manner provided by law to such
court or courts as may have jurisdiction to grant such relief.
§5-14-15. Out-call Service.
No massage technician or therapist shall provide service by providing massages at a private
location, except under the following circumstances:
(A)
The massage technician or therapist must specify in the application for a license that
an out-call service will be provided.
(B)
No out-call massage service shall be provided after 9:00 p.m. nor before 7:00 a.m.; nor
may any patron of an out-call service be less than eighteen (18) years of age, unless
such service is based on parental consent or a physician's instructions as shown by a
written instrument.
(C)
All towels, linens, and paper products shall be clean, and shall be laundered or
disposed of after each use.
(D)
All instruments, apparatus, and equipment of a non-disposable nature shall be
disinfected after each use.
(E)
The massage technician or therapist shall maintain a written log of all out-call
services, including the date, time, and location of the service provided, and the fee
paid. Such record shall be available for inspection by any authorized representative of
the city, during normal business hours, on demand. Such record shall be preserved by
the massage technician or therapist for not less than eighteen (18) months.
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(F)
No apprentice shall provide service on an out-call basis unless accompanied by and
under the supervision of a licensed technician or therapist. (Enacted Ord.#1065,
June16, 2003)
Article 15. Tattoo and/or Body Piercing Parlors
§ 5-15-1 Tattoo Parlors
(A)
Definitions.
(1)
"Tattooing" means the practice of producing an indelible mark or figure on the
human body by scarring or inserting a pigment under the skin using needles,
scalpels, or other related equipment; provided that medical micro
pigmentation, performed pursuant to the provisions of the Oklahoma Medical
Micro pigmentation Regulation Act, shall not be construed to be tattooing.
(2)
"Tattoo operator" means any person who owns, controls, operates, conducts,
or manages any permanent tattooing establishment whether performing the
work of tattooing or not, or a temporary location that is a fixed location at
which an individual tattoo operator performs tattooing for a specified period
of not more than seven (7) days in conjunction with a single event or
celebration, where the primary function of the event or celebration is
tattooing.
(3)
"Tattoo parlor" means a facility properly licensed by the State of Oklahoma
and the City of Jenks where the act of tattooing and/or body piercing takes
place.
(4)
"Artist" means a person who actually performs the body piercing or tattooing
procedure.
(5)
Body Piercing means a procedure in which an opening is created in a human
body solely for the purpose of inserting Jewelry or other decoration; provided,
however, this does not include ear piercing.
(6)
"Apprentice" means the person who is training under the supervision of a
licensed tattoo or body piercing artist. That person cannot independently
perform the work of tattooing. Apprentice also means any person who is
training under the supervision of a licensed body artist. That person cannot
independently perform the work of body piercing.
§ 5-15-2 Tattoo Parlor Licensing
(A)
Application Requirements; Fees; No Transferability of Permit.
(1)
It shall be unlawful and an offense for any person to operate a body piercing
and/or tattoo parlor in the City of Jenks unless such person has obtained an
annual body piercing or tattoo parlor permit from the City and paid the annual
fee of $50.00, for each place operated by the person as a body piercing or
tattoo parlor. Application for a body piercing and/or tattoo parlor permit shall
be made to the City Clerk, on forms provided by the City. The applicant for a
body piercing and/or tattoo parlor permit shall have proof of ownership or
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legal right to possession of the premises upon which the body piercing and/or
tattoo parlor is located.
(B)
(C)
(2)
It shall be unlawful and an offense for any person to engage in the act of body
piercing or tattooing in the City of Jenks unless such person has obtained an
annual body piercing or tattoo artist permit from the City and paid the annual
fee set of $45.00. Application for a body piercing or tattoo artist permit shall
be made to the City Clerk, on forms provided by the City. Additionally, a
licensed body piercing or tattoo artist may only practice in a body piercing or
tattoo parlor that is licensed by the City of Jenks.
(3)
No permit issued under the provisions of this section shall be transferable to
another person, or to any other location. In the event an artist should transfer
from one body piercing or tattoo parlor to another, the transfer shall not be
approved until such time as the artist has notified the City and paid the
transfer fee as provided in the fee schedule. However, a licensed body
piercing and/or tattoo parlor may change its name upon notification and
approval of the Finance Department, if its location remains the same.
(4)
Tattoo and/or Body Piercing establishment licensing requirements must be
satisfied prior to issuance of an occupancy certificate for any structure for said
use.
State license required for permit.
(1)
All applicants for the annual body piercing or tattoo parlor permit shall be
required to show proof of their active license with the Oklahoma Department
of Health.
(2)
All applicants for the annual body piercing or tattoo artist permit shall be
required to show proof of their license with the Oklahoma Department of
Health.
Display of State and Local License.
(1)
(D)
Pre-existing Tattoo Parlor Establishments
(1)
(E)
Every person, partnership, firm or corporation, to whom a Tattoo Parlor
and/or a Body Piercing establishment license shall have been granted, under
this article, shall display said license in a conspicuous place so that the same
may be readily seen by persons entering the premises. Every person to whom
a Tattoo Artist license shall have been granted under this article, and who is
working in a licensed establishment, shall affix a name plate or similar means
of identification conspicuously to the garment of the person so that the
person's identity may be readily ascertainable.
Any person operating a body piercing and/or tattoo parlor, which was open,
operating and permitted prior to the enactment of this article, shall be allowed
to continue said operation of the facility in compliance with the Pre-Existing
Nonconforming Sections of the Jenks Zoning Code, however said business
shall be subject to State and Local Licensing requirements.
Tattoo and body piercing; when prohibited.
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(F)
(1)
It shall be unlawful for any person to perform or offer to perform body
piercing or tattooing on a child under eighteen (18) years of age nor shall any
person under eighteen (18) years of age shall be allowed to receive a tattoo,
except as herein provided. No person under eighteen (18) years of age shall be
allowed to receive a body piercing procedure unless the parent or legal
guardian of such child gives written consent for the procedure, and the parent
or legal guardian of the child is present during the procedure. No person shall
be allowed to purchase or possess tattoo equipment or supplies without being
licensed either as an Oklahoma medical micro pigmentologist or as an
Oklahoma tattoo artist.
(2)
Tattooing and/or body piercing shall not be performed upon a person impaired
by drugs or alcohol. A person impaired by drugs or alcohol is considered
incapable of consenting to tattooing or body piercing and incapable of
understanding tattooing and body piercing procedures and aftercare
suggestions.
Operation contrary to provisions.
(1)
Any body piercing or tattoo parlor establishment operated, conducted, or
maintained contrary to the provisions of this article shall be and the same is
hereby declared to be unlawful and a public nuisance. At the discretion of
the City Council, the city attorney, in addition to all other remedies set forth
hereunder, may commence an action or actions for the abatement, removal
and enjoinment thereof, in the manner provided by law to such court or
courts as may have jurisdiction to grant such relief.
§ 5-15-3 Unlawful Acts
(A)
Every person charged with violating this Article, upon conviction shall be punished
for a violation of an offense.
(B)
A person convicted twice of violating this Article shall not be eligible to hold or apply
for the annual body piercing or tattoo parlor permit or the annual body piercing or
tattoo artist permit.
§ 5-15-4 Revocation and suspension.
(A)
Any license issued pursuant to this article shall be subject to revocation or suspension,
whenever the holder thereof shall violate any of the provisions of this article or other
applicable ordinances of the City of Jenks relating to body piercing and/or tattoo
establishments.
(1)
Upon commencement of revocation and suspension proceedings, the Finance
Director shall set a time and place for the hearing on the matter before City
Council.
(2)
The licensee shall be given notice of the time, place, nature of the revocation
or suspension hearing to be held, and a description of the violation asserted.
Such notice shall be served personally or by mailing by first class U.S. Postal
Service mail, certified, with return receipt requested to the last address
furnished to the city by the licensee, said mailing occurring at least ten (10)
days prior to the hearing.
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(3)
The City Council shall have the power to administer oaths and issue
subpoenas.
(4)
All evidence shall be recorded stenographically or by electronic recording
device. After reviewing the evidence the City Council may find justification
or wrong doing and require the suspension or revocation of operators and/or
the establishment’s licenses.
(5)
The Finance Department may summarily suspend any license now or hereafter
issued to any person pursuant to this article whenever the holder thereof shall
be convicted of a violation of any provisions of this chapter under which such
license was issued or whenever, in the judgment of the Finance Department,
the public welfare requires the same. Any person may appeal to the City
Council from the action of the department in summarily suspending any such
license. Appeal from the department's suspension of the license shall be to the
city council under the procedures hereinbefore stated.
(6)
It shall be unlawful and an offense for any person to carry on or engage in the
business as herein described in this article, while any suspension or revocation
is in effect.
(Enacted Ord.#1288, December 6, 2010)
Article 16: Security Plan Permit For Certain Entertainment Establishments
§5-16-1. Securing a Security Plan Permit
(A)
Prior to issuance of a Certificate of Occupancy for an entertainment
establishment that sells Low Point Beer and/or Intoxicating Beverages for
onsite consumption which establishment has an approved total indoor and
outdoor area occupancy capacity in excess of three hundred (300), a Security
Plan Permit shall be obtained.
(B)
That any existing entertainment establishment that increases its size and
therefore its occupancy capacity shall obtain a Security Plan Permit prior to
occupying the increased space.
(C)
That any existing entertainment establishment with an existing total indoor and
outdoor area occupancy capacity in excess of three hundred (300) shall obtain
a Security Plan Permit no later than January 31, 2011.
§5-16-2. Entertainment Establishment Defined.
(A)
For the purposes of this Article, an “entertainment establishment” is defined as
an establishment that more than twenty-five percent (25%) of its revenue is
derived from the sale of Low Point Beer and/or Intoxicating Beverages and/or
an admission cover charge.
§5-16-3. Security Plan Permit Application and Issuance.
(A)
Application for a Security Plan Permit shall be made to the Jenks Police Chief
or his/her designee on the form to be provided, and shall contain at a minimum:
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(1)
(2)
(3)
(4)
The name of the entertainment establishment and its address and the
full names of its owner(s), manager(s), and any persons owning over a
twenty-five percent interest in the business.
The approved total indoor and outdoor area occupancy capacity of the
facility.
An acknowledgement that the establishment will have security
personnel on duty based upon the following sliding scale based upon
the number of patrons in attendance.
(a)
From 1-150, one CLEET certified unarmed security guard,
which can be a supervisor or manager as set forth below, as
well as one additional security personnel.
(b)
From 151-300, two security personnel plus one CLEET certified
unarmed security guard.
(c)
One additional security personnel for each additional 150
patrons in attendance plus the CLEET certified unarmed
security guard.
(d)
Security personnel are to monitor patrons inside and outside the
establishment to manage crowd control and parking areas.
(e)
Acknowledgement that the establishment will have security on
personnel “on call” to respond
and be on duty as the
establishment notes that the attendance of patrons is increasing
requiring additional security personnel or if because of a special
event at the establishment management anticipates large
attendance.
(f)
Security personnel shall be readily identified by designation on
outerwear and/or prominently labeled “security” on a
lanyard ID.
An acknowledgement that at least one person, who can be in a
supervisory or management position, will be on the premises during all
open hours and be CLEET certified as an unarmed security guard, and
also have training in checking for underage patrons, removal of
disruptive individuals, and use of force.
(B)
The Jenks Police Chief, after consultation with the Jenks Fire Chief and the
Jenks Chief Building Inspector, or their designee, shall review the submitted
Security Plan Permit Application and determine if the same is approved,
modified or additional information needed to complete the review. The Jenks
Police Chief’s decision will be made within five (5) business days of submittal
of the application, and the decision or the Security Plan Permit shall be
endorsed and issued by the Jenks Police Chief.
(C)
It shall be the obligation of the holder of a Security Plan Permit to provide the
Jenks Police Chief of any changes that would modify the information provided
in the permit application within five (5) days of such change(s). No such
changes shall materially affect the intent to protect the public health and safety
as provided for in the original Security Plan Permit or the basic pattern of
security coverage provided for herein.
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§5-16-4. Temporary Suspension of Security Plan Permit – Appeal of Suspension.
(A)
The Security Plan Permit may be suspended by the Jenks Police Chief or
his/her designee in the event of failure to implement the Security Plan or in the
event of failure to comply with all the Security Plan Permit provisions within
five (5) days of notice in writing of deficiencies. Said written notice shall be
considered provided to the ownership by mailing said notice by certified mail
to the address listed on the Application for Security Plan Permit or by hand
delivering a copy to the manager on duty at the entertainment establishment.
(B)
That said temporary suspension shall remain in effect until reinstated by the
Jenks Police Chief or his/her designee upon the entertainment establishment’s
compliance with the Security Plan Permit requirements, unless reinstated
pursuant to the appeal provisions provided for herein
(C)
The entertainment establishment shall not operate during the time of a
suspension of its Security Plan Permit, unless said operation no longer requires
a Security Plan Permit pursuant to the criteria herein.
(D)
A temporary suspension of a Security Plan Permit by the Jenks Police Chief or
his/her designee may be appealed in writing to the Jenks City Manager by
delivering a copy of the appeal along with the reasons why the temporary
suspension should be overturned to the Jenks City Clerk. In the event the Jenks
City Manager has not responded to the appeal within three (3) business days or
has denied the same, the same may be appealed to the Jenks City Council by
giving written notice of the same to the Jenks City Clerk.
§5-16-5. Review of Security Plan.
(A)
Upon reports of repeated incidents at the entertainment establishment of
underage drinking, physical violence or other behavior which could cause harm
to the patrons or general public, the Jenks Police Chief may require the owner,
operator, or manager to appear to address the issues and to modify the Security
Plan if needed to avoid similar incidents in the future. Such review and
proposed modifications shall be submitted to and approved by the Jenks police
Chief as provided for in §5-16-3(B).
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CHAPTER 6
CEMETERIES
§6-1. Reserved
147
148
CHAPTER 7
FINANCE AND BUSINESS
Article 1. Sales Tax
§7-1-1. Citation.
(A)
This article shall be known and may be cited as "City of Jenks Sales Tax Ordinance."
(Code 1972, §8-1)
§7-1-2. Definitions.
(A)
The definition of words, terms and phrases contained in the Oklahoma Sales Tax
Code, §1352, Title 68 O.S. Suppl. 1965, (as amended 1981) are hereby adopted by
reference and made a part of this article. (Code 1972, §8-2.)
§7-1-3. Tax Collector Defined.
(A)
The term "tax collector" as used herein means the department of the city government
and/or the official agency of the State duly designated according to law or contract
authorized by law to administer the collection of the tax herein levied. (Code 1972,
§8-3.)
§7-1-4. Classification of Taxpayers.
(A)
For the purpose of this article, the classification of taxpayers hereunder shall be
prescribed by State law for the purposes of the Oklahoma Sales Tax Code. (Code
1972, §8-4.)
§7-1-5. Subsisting State Permits.
(A)
All valid and subsisting permits to do business issued by the Oklahoma Tax
Commission pursuant to the Oklahoma State Sales Tax Code are, for the purpose of
this article hereby ratified, confirmed, and adopted in lieu of any requirement for an
additional city permit for the same purpose. (Code 1972, §8-5.)
§7-1-6. Effective Date.
(A)
This article shall become and be effective on and after April 3, 1973 subject to
approval of a majority of the registered voters of the City of Jenks, Oklahoma voting
on same in the manner prescribed by Title ll, 0. S. 1971 §61. (Ordinance 214, §3.)
§7-1-7. Purpose of Revenues.
(A)
It is hereby declared to be the purpose of this article to provide revenues for the
support of the functions of the municipal government of the City of Jenks, Oklahoma
(Code 1972, §8-7.) That the revenues derived from the additional $.O1 tax approved
April 5, 1983, shall be expended solely for capital improvements to the utility system
and other properties of the City of Jenks, Oklahoma, by paying the principal and
interest on indebtedness incurred by the Jenks Public Works Authority approved by
the voters of the City of Jenks on the 5th day of April, 1983, and making deposits into
the Sinking Fund of the City in relation to bonded indebtedness of the City voted upon
the same day. Said sales tax derived from the extra $.01 tax shall be used first for
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those purposes to the end that no utility rate increase or ad valorem tax levies will be
required for said indebtedness and the balance if any for other municipal purposes.
§7-1-8. Tax Rate; Sale Subject to Tax.
(A)
There is hereby levied an excise tax of three percent (3%) upon the gross proceeds or
gross receipts derived from all sales taxable under the sales tax law of Oklahoma,
including but not exclusive of the following: (Amended Ord. #514, Feb. 24, 1983 and
Ord. #515, March 7, 1983.)
(1)
Tangible personal property;
(2)
Natural or artificial gas, electricity, ice, steam or any other utility or public
service, except water and these specifically exempt under Section 1357 of
Title 68, Oklahoma Statutes or
(3)
Transportation for hire to persons by common carriers, including railroads,
both steam and electric motor transportation companies, taxicab companies,
pullman car companies, airlines and other means of transportation for hire;
(4)
Service by telephone or telegraph companies to subscribers or users, including
transmission of messages, whether local or long distance, and all services and
rental charges in connection with transmission of any message.
(5)
Printing or printed matter of all types, kinds or character and any service of
printing or overprinting, including the copying of information by mimeograph
or multigraph or by otherwise duplicating written or printed matter in any
manner, or the production of microfiche containing information on magnetic
tapes furnished by customers;
(6)
Service of furnishing rooms by hotel, apartment hotel, public rooming house,
motel, public lodging house or tourist camp;
(7)
Service of furnishing storage or parking privileges by auto hotels or parking
lots;
(8)
Selling, renting or otherwise furnishing of computer hardware or software or
coding sheets, cards or magnetic tapes on which prewritten programs have
been coded, punched or otherwise recorded;
(9)
Foods, confections and all drinks sold or dispensed by hotels, restaurants or
other dispensers, and sold for immediate consumption upon the premises or
delivered or carried away from the premise for consumption elsewhere;
(10)
Advertising of all kinds, types and characters, including any and all devises
used for advertising purposes and the servicing of any advertising devices
except those specifically exempt under Section 1357 of Title 68 O.S.
(11)
Dues or fees to clubs including free or complimentary dues or fees which shall
have the value equivalent to the charge that would have otherwise been made,
including any fees paid for the use of facilities or services rendered at a health
spa or club or any similar facility or business;
(12)
Sales of tickets, fees or other charges made for admission to or voluntary
contributions made to places of amusement, sports, entertainment, exhibition,
150
display or other recreational events or activities, including free or complimentary admissions which shall have the value equivalent to the charge that
would have otherwise been made;
(13)
Charges made for the privilege of entering or engaging in any kind of activity;
when no admission is charged spectators, such as tennis, racketball or
handball courts;
(14)
Charges made for the privilege of using items for amusement, sports,
entertainment or recreational activity such as trampolines or golf carts;
(15)
The rental of equipment for amusement, sports, entertainment or other
recreational activities, such as bowling shoes, skates, golf cart, or other sports
and athletic equipment;
(16)
Repealed. Ord. #697, Nov. 21 1988.
(17)
Gross receipts or gross proceeds from the rental or lease of tangible personal
property, including rental or lease of personal property when the rental or
lease agreement requires the vendor to launder, clean, repair or otherwise
service the rented or leased property on a regular basis, without any deduction
for the cost of the service rendered. Provided if the rental or lease charge is
based on the retail value of the property at the time of making the rental or
lease agreement and the expected life of the property, and the rental or lease
charge is separately stated from the service cost in the statement, bill or
invoice delivered to the consumer, the cost of services rendered shall be
deducted from the gross receipts or gross proceeds.
(18)
Any licensing agreement, rental, lease or other device or instrument whereby
rights to possess or exhibit motion pictures or filmed performances or rights to
receive images, pictures or performances for telecast by any method are
transferred. Provided, persons regularly engaged in the business of exhibiting
motion pictures for which the sale of tickets or admissions is taxed under this
article shall not be deemed to be consumers or users in respect to the licensing
or exhibiting of copyrighted motion picture features, shorts, cartoons and
scenes from copyrighted features and the sale or licensing of such films shall
not be considered a sale within the purview of this article;
(19)
Flowers, plants, shrubs, trees and other floral items, whether or not the same
was produced by the vendor, sold by persons engaged in florist or nursery
business in this city including all orders taken by a Jenks business for delivery
in another city. Provided, all orders taken outside this city for delivery within
this city shall not be subject to the tax levied by this article;
(20)
Tangible personal property sold to persons, peddlers, solicitors or other
salesmen, for resale where there is likelihood that this city will lose tax
revenue due to the difficulty of enforcing this article because of:
(a)
(b)
(c)
(d)
(e)
(f)
The operation of the business;
The nature of the business;
The turnover of independent contractors;
The lack of place of business in which to display a permit or keep
records;
Lack of adequate records;
The persons are minors or transients.
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(21)
Any taxable services and tangible personal property including materials,
supplies and equipment sold to contractors for the purpose of developing and
improving real estate even though such real estate is intended for resale as real
property are hereby declared to be sales to consumers or users and taxable;
(22)
Any taxable services and tangible personal property sold to persons who are
primarily engaged in selling their services, such as repairmen, are hereby
declared to be sales to consumers or users and taxable.
(23)
The total retail sale price received for the sale, preparation or service of mixed
beverages, ice and nonalcoholic beverages to be mixed with alcoholic
beverages for consumption on the premises where such sale, preparation and
service occurs shall constitute the gross receipts from such transaction.
(Added, Ord. #587, June 17, 1985)
§7-1-9. Exemptions.
(A)
There is hereby specifically exempted from the tax levied by this article the gross
receipts or gross proceeds exempted from the Sales Tax Law of Oklahoma inclusive
but not exclusive of, and derived from the:
(1)
Sale of nonintoxicating beverages on which the tax levied in §163.1 et seq. of
Title 37 of the Oklahoma Statutes has been paid;
(2)
Sale of cigarettes and such tobacco products on which the tax levied in
Articles 3 and 4 of this Code, Sections 301 et seq. and 401 et seq. of Title 68
of the Oklahoma Statutes has been paid;
(3)
Sale of gasoline or motor fuel on which the Motor Fuel Tax, Gasoline Excise
Tax or Special Fuels Tax levied in Article 5,6, or 7 or Sections 501 et seq; 601
et seq. and 70.1 et seq. of Title 68 of the Oklahoma Statutes, has been paid;
(4)
Sale of Motor Vehicles or any optional equipment or accessories attached to
motor vehicles on which the Oklahoma Motor Vehicle Excise Tax levied in
Article 21, Sections 2101 et seq. of Title 68 of the Oklahoma Statutes, has
been paid; and
(5)
Sale of crude petroleum or natural or casing head gas and other products
subject to gross production tax under Articles 10 and 11, Sections 10 01 et
seq. and 1101 et seq. of Title 68 of the Oklahoma Statutes. This exemption
shall not apply when such products are sold to a consumer or user for
consumption or use, except when used for injection into the earth for the
purpose of promoting or facilitating the production of oil or gas. This
subsection shall not operate to increase or repeal the gross production tax
levied by the laws of this state.
§7-1-10. Exemptions - Governmental and Nonprofit Entities.
(A)
There are hereby specifically exempted from the tax levied by this article:
(1)
Sale of tangible personal property or services to the United States government
or to the State of Oklahoma, any political subdivision of this state or any
agency of a political subdivision of this state; provided, all sales to contractors
in connection with the performance of any contract with the United States
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government, State of Oklahoma or any of its political subdivisions shall not be
exempted from the tax levied by this article, except as hereinafter provided;
(2)
Sales made directly by county, district or state fair authorities of this state,
upon the premises of the fair authority, for the sole benefit of the fair
authority;
(3)
Sale of food in cafeterias or lunchrooms of elementary schools, high schools,
colleges or universities which are operated primarily for teachers and pupils
and are not operated primarily for the public or for profit;
(4)
Dues paid to fraternal, religious, civic, charitable or educational societies or
organizations by regular members thereof, provided, such societies or
organizations operate under what is commonly termed the lodge plan or
system, and provided such societies or organizations do not operate for a
profit which inures to the benefit of any individual member or members
thereof to the exclusion of other members;
(5)
Sale of tangible personal property or services to or by churches, except sales
made in the course of business for profit or savings, competing with other
persons engaged in the same or similar business;
(6)
The amount of proceeds received from the sale of admission tickets which is
separately stated on the ticket of admission for the repayment of money
borrowed by any accredited state-supported college or university for the
purpose of constructing or enlarging any facility to be used for the staging of
an athletic event, a theatrical production, or any other form of entertainment,
edification or cultural cultivation to which entry is gained with a paid
admission ticket. Such facilities include, but are not limited to, athletic fields,
athletic stadiums, field houses, amphiteaters and theaters. To be eligible for
this sales tax exemption, the amount separately stated on the admission ticket
shall be a surcharge which is imposed, collected and used for the sole purpose
of servicing or aiding in the servicing of debt incurred by the college or
university to effect the capital improvements hereinbefore described;
(7)
Sales of tangible personal property or services to the Council Organizations or
similar state supervisory organizations of the Boy Scouts of America, Girl
Scouts of U.S.A. and the Campfire Girls shall be exempt from sales tax;
(8)
Sale of tangible personal property or services to any county, municipality,
public school district, the institutions of the Oklahoma system of higher
education and the Grand River Dam Authority, or to any person with whom
any of the above named subdivisions or agencies of this state has duly entered
into a public contract pursuant to law, necessary for carrying out such public
contract. Any person making purchases on behalf of such subdivision or
agency of this state shall certify, in writing, on the copy of the invoice or sales
ticket to be retained by the vendor that the purchases are made for and on
behalf of such subdivision or agency of this state and set out the name of such
public subdivision or agency. Any person who wrongfully or erroneously
certifies that purchases are for any of the above-named subdivisions or
agencies of this state or who otherwise violates this section shall be guilty of
an offense and upon conviction thereof shall be fined and/or imprisoned or
both as provided for in Article 5 of this Chapter.
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§7-1-11. Exemptions-General.
(A)
There are hereby specifically exempted from the tax levied by this article:
(1)
Transportation of school pupils to and from elementary schools or high
schools in motor or other vehicles;
(2)
Transportation of persons where the fare of each person does not exceed One
Dollar ($1.00), or local transportation of persons within the corporate limits of
the city except by taxicabs;
(3)
Carrier sales of newspapers and periodicals made directly to consumers.
Other sales of newspapers and periodicals where any individual transaction
does not exceed seventy-five cents ($0.75). A carrier is a person who
regularly delivers newspapers or periodicals to subscribers on an assigned
route.
(4)
Sales for resale to persons engaged in the business of reselling the articles
purchased, whether within or without the state, provided that such sales to
residents of this state are made to persons to whom sales tax permits have
been issued as provided in this article. This exemption shall not apply to the
sales of articles made to persons holding permits when such persons purchase
items for their use and which they are not regularly engaged in the business of
reselling; neither shall this exemption apply to sales of tangible personal
property to peddlers, solicitors and other salesmen who do not have an
established place of business and a sales tax permit;
(5)
Sales of advertising space in newspapers and periodicals and billboard
advertising service, and, any advertising through the electronic media,
including radio, television and cable television;
(6)
Eggs, feed, supplies, machinery and equipment purchased by persons
regularly engaged in the business of raising worms, fish, any insect or any
other form of terrestrial or aquatic animal life and used for the purpose of
raising same for marketing. This exemption shall only be granted and
extended to the purchaser when the items are to be used and in fact are used in
the raising of animal life as set out above. Each purchaser shall certify, in
writing, on the invoice or sales ticket retained by the vendor that he is
regularly engaged in the business of raising such animal life and that the items
purchased will be used only in such business. The vendor shall certify to the
Oklahoma Tax Commission that the price of the items has been reduced to
grant the full benefit of the exemption. Violation hereof by the purchaser or
vendor shall be an offense.
(7)
Sales of medicines or drugs prescribed for the treatment of human beings by a
person licensed to prescribe the medicines or drugs. Provided, this exemption
shall not apply to proprietary or patent medicines as defined by Section 353.1
of Title 59 of the Oklahoma Statutes.
§7-1-12. Exemptions - Agriculture.
(A)
There are hereby specifically exempted from the tax levied by this article:
(1)
Sales of agricultural products produced in this state by the producer thereof
directly to the consumer or user when such articles are sold at or from a farm
154
and not from other place of business, as follows:
(a)
(b)
(c)
(d)
Farm, orchard or garden products;
Dairy products sold by a dairyman or farmer who owns all the cows
from which the dairy products offered for sale are produced;
Livestock sold by the producer at a special livestock sale;
The provisions of this subsection shall not be construed as exempting
sales by florists, nurserymen or chicken hatcheries, or sales of dairy
products by any other business except as set out herein;
(2)
Sale of baby chicks, turkey poults and starter pullets used in the commercial
production of chickens, turkeys and eggs, provided that the purchaser
certifies, in writing, on the copy of the invoice or sales ticket to be retained by
the vendor that the pullets will be used primarily for egg production;
(3)
Sale of salt, grains, tankage, oyster shells, mineral supplements, limestone and
other generally recognized animal feeds for the following purposes and
subject to the following limitations:
(a)
(b)
(c)
(d)
(e)
(f)
(4)
Feed which is fed to poultry and livestock, including breeding stock
and wool-bearing stock, for the purpose of producing eggs, poultry,
milk or meat for human consumption;
Feed purchased in Oklahoma for the purpose of being fed to and
which is fed by the purchaser to horses, mules or other domestic or
draft animals used directly in the producing and marketing of
agricultural products;
Any stock tonics, water purifying products, stock sprays, disinfectants
or other such agricultural supplies;
Poultry shall not be construed to include any fowl other than domestic
fowl kept and raised for the market or production of eggs;
Livestock shall not be construed to include any pet animals such as
dogs, cats, birds or other such fur-bearing animals;
This exemption shall only be granted and extended where the
purchase of feed that is to be used and in fact is used for a purpose
that would bring about an exemption hereunder executes an invoice or
sales ticket in duplicate on a form to be prescribed by the Tax
Commission. The purchaser may demand and receive a copy of the
invoice or sales ticket and the vendor shall retain a copy.
Sales of items to be and in fact used in the production of agricultural products.
Sale of the following items shall be subject to the following limitations:
(a)
(b)
Sales of agricultural fertilizer to any persons regularly engaged, for
profit, in the business of farming and/or ranching. Each such
purchaser shall certify, in writing, on the copy of the invoice or sales
ticket to be retained by the vendor, that he is so engaged in farming
and/or ranching and that the material purchased will be used only in
such business;
Sales of agricultural fertilizer to any person engaged in the business of
applying such materials on a contract or custom basis to land owned
or leased and operated by persons regularly engaged, for profit, in the
business or farming and/or ranching. Each such purchaser shall
certify, in writing, on the copy of the invoice or sales ticket to be
retained by the vendor that he is engaged in the business of applying
such materials to lands owned or leased and operated by person
155
(c)
(d)
(e)
(f)
(g)
regularly engaged, for profit, in the business of farming and/or
ranching, and shall show in said certificate the name or names of such
owner or lessee and operator; the location of the lands on which said
materials are to be applied to each such land, and he shall further
certify that his contract price has been reduced so as to give the
farmer or rancher the full benefit of this exemption;
Sales of agricultural fertilizer to persons engaged in the business of
applying such materials on a contract or custom basis shall not be
considered to be sales to contractors under this article, and said sales
shall not be considered to be taxable sales within the meaning of the
Okahoma Sales Tax Code. As used in this section, "agricultural
fertilizer" means any substance sold and used for soil enrichment or
soil corrective purposes or for promoting the growth and productivity
of plants;
Sales of agricultural seed or plants to any persons regularly engaged
for profit, in the business of farming and/or ranching. This section
shall not be construed as exempting from sales tax, seed which is
packaged and sold for use in noncommercial flower and vegetable
gardens.
Sales of agricultural chemical pesticides to any person regularly
engaged, for profit, in the business of farming and/or ranching. For
the purposes of this act, agricultural chemical pesticides shall include
any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any insect, snail, slug, rodent, bird,
nematode, fungus, weed or any other form of terrestrial or aquatic
plant or animal life or virus, bacterial or other microorganism, except
viruses, bacterial or other microorganisms on or in living man, or any
substances or mixture of substances intended for use as a plant
regulator, defoliant or desiccant;
This exemption shall only be granted and extended to the purchaser
where the items are to be used and in fact are used in the production
of agricultural products. each purchaser shall certify, in writing, on
the copy of the invoice or sales ticket to be retained by the vendor,
that the material purchased will only be used in his farming
occupation. The vendor shall certify to the Oklahoma Tax
Commission that the contract price of the items has been reduced to
grant the full benefit of the exemption. Violation hereof by the
purchaser or vendor shall be an offense, and upon violation and
conviction for a second offense, the Oklahoma Tax Commission shall
revoke the vendor's sales tax permit.
Sale of farm machinery, repair parts thereto or fuel, oil, lubricants and
other substances used for operation and maintenance of the farm
machinery to be used directly on a farm or ranch in
the
production, cultivation, planting, sowing, harvesting, processing,
spraying, preservation or irrigation of any livestock, poultry,
agricultural or dairy products produced from such lands. Each
purchaser of farm machinery, repair parts thereto or fuel must certify,
in writing, on the copy of the invoice or sales ticket to be retained by
the vendor, that he is engaged in farming or ranching and that the
farm machinery, repair parts thereto or fuel will be used only in
farming and/or ranching. The exemption provided for herein shall not
apply to motor vehicles. Each purchaser shall certify, in writing, on
the copy of the invoice or sales ticket to be retained by the vendor,
that the material purchased will only be used in his farming
occupation. The vendor shall certify to the Oklahoma Tax
156
Commission that the price of the items has been reduced to grant the
full benefit of the exemption. Violation hereof by the purchaser or
vendor shall be an offense, and, upon violation and conviction for a
second offense, the Oklahoma Tax Commission shall revoke the
vendor's sales tax permit.
§7-1-13. Exemptions-Manufacturers.
(A)
There are hereby specifically exempted from the tax levied by this article:
(1)
Goods, wares, merchandise and property purchased for the purpose of being
used or consumed in the process of manufacturing, compounding, assembling
or preparing for sale a finished article and such goods, wares, merchandise or
property become integral parts of the manufactured, compounded, processed,
assembled or prepared products or are consumed in the process of
manufacturing, compounding, processing, assembling or preparing products
for resale. The term "manufacturing plants" shall mean those establishments
primarily engaged in manufacturing or processing operations, and generally
recognized as such;
(2)
Ethyl alcohol when sold and used for the purpose of blending same with
motor fuel on which motor fuel tax is levied by Section 529 of Title 68 of the
Oklahoma Statutes;
(3)
Sale of machinery and equipment purchased and used by persons establishing
new manufacturing plants in Oklahoma, and machinery and equipment
purchased and used by persons in the operation of manufacturing plants
already established in Oklahoma. This exemption shall not apply unless such
machinery and equipment is incorporated into, and is directly used in, the
process of manufacturing property subject to taxation under this article. The
term "manufacturing plants" shall mean those establishments primarily
engaged in manufacturing or processing operations, and generally recognized
as such;
(4)
Sales of containers when sold to a person regularly engaged in the business of
reselling empty or filled containers or when purchased for the purpose of
packaging raw products of farm, garden or orchard for resale to the consumer
or processor. This exemption shall not apply to the sale of any containers used
more than once and which are ordinarily known as returnable containers,
except returnable soft drink bottles. Each and every transfer of title or
possession of such returnable containers in this state to any person who is not
regularly engaged in the business of selling, reselling or otherwise transferring
empty or filled containers shall be taxable under this Code. And, this
exemption shall not apply to the sale of labels or other materials delivered
along with items sold but which are not necessary or absolutely essential to
the sale of the sold merchandise;
(5)
Sale of tangible personal property manufactured in Oklahoma when sold by
the manufacturer to a person who transports it to another state for immediate
and exclusive use in some other state.
§7-1-14. Exemptions-Corporations-Partnerships.
(A)
There are hereby specifically exempted from the tax levied in this article:
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(1)
The transfer of tangible personal property, as follows:
(a)
(b)
(c)
(d)
(e)
(2)
From one corporation to another corporation pursuant to a
reorganization. As used in this subsection the term "reorganization"
means a statutory merger or consolidation or the acquisition by a
corporation of substantially all of the properties of another
corporation when the consideration is solely all or a part of the voting
stock of the acquiring corporation, or of its parent or subsidiary
corporation,
In connection with the winding up, dissolution or liquidation of a
corporation only when there is a distribution in kind to the
shareholders of the property of such corporation,
To a corporation for the purpose of organization of such corporation
where the former owners of the property transferred are immediately
after the transfer in control of the corporation, and the stock or
securities received by each is substantially in proportion to his interest
in the property prior to the transfer,
To a partnership in the organization of such partnership if the former
owners of the property transferred are immediately after the transfer,
members of such partnership and the interest in the partnership,
received by each, is substantially in proportion to his interest in the
property prior to the transfer,
From a partnership to the members thereof when made in kind in the
dissolution of such partnership.
Sale of an interest in tangible personal property to a partner or other person
who after such sale owns a joint interest in such tangible personal property
where the Oklahoma Sales or Use Tax has previously been paid on such
tangible personal property.
§7-1-15. Tax Due When; Returns; Records.
(A)
The tax levied hereunder shall be due and payable at the time and in the manner and
form prescribed for payment of the State Sales Tax under the Sales Tax Law of the
State of Oklahoma ((Code 1972, §8-11.)
§7-1-16. Payment of Tax; Brackets.
(A)
A bracket system is adopted for the convenience of vendors in the City of Jenks,
Oklahoma for collecting both the four percent (4%) State Sales Tax and the three
percent (3%) City Sales Tax. Such bracket system is designed and shall be interpreted
so as to not be inconsistent with the purposes of the bracket system provided in 68 0.
S. Supp. 1971, §1362 (as amended) in respect to the State Sales Code and it is as
follows:
Amount:
$0.01
.08
.22
.36
.50
.65
.79
.93
-
.07
.21
.35
.49
.64
.78
.92
1.07
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Tax:
no tax
0.01
0.02
0.03
0.04
0.05
0.06
0.07
(B)
The use of the above bracket system does not relieve the vendor from the liability and
duty to remit to the tax collector an amount equal to seven percent (7%) of the gross
receipts or gross proceeds less discount allowed by law and ordinance derived from all
sales during the taxable period. (Ord. 214, §2.) Amended Ord. #514, Feb. 24, 1983)
§7-1-17. Tax Constitutes Debt.
(A)
Such taxes, penalty, and interest due hereunder shall at all times constitute a prior,
superior, and paramount claim as against the claims of unsecured creditors, and may
be collected by suit as any other debt. (Code 1972, §8-13)
§7-1-18. Vendor's Duty to Collect Tax.
(A)
The Tax levied hereunder shall be paid by the consumer or user to the vendor, and it
shall be the duty of each and every vendor in this city to collect from the consumer or
user, the full amount of the tax levied by this article, or an amount equal as nearly as
possible or practicable to the average equivalent thereof.
(B)
Vendors shall add the tax imposed hereunder, or the average equivalent thereof, to the
sales price or charge, and when added such tax shall constitute a part of such price or
charge, shall be a debt from the consumer or user to vendor until paid, and shall be
recoverable at law in the same manner as other debts.
(C)
A vendor as defined herein, who willfully or intentionally fails, neglects, or refuses to
collect the full amount of the tax levied by this article, or willfully or intentionally
fails neglects, or refuses to comply with the provisions or remits or rebates to a
consumer or user, either directly or indirectly, and by what so ever means, all or any
part of the tax herein levied, or makes in any form of advertising, verbally or
otherwise, any statement which infers that he is absorbing the tax, or paying the tax
for the consumer or user by an adjustment of prices or at a price including the tax, or
in any manner whatsoever, shall be deemed guilty of an offense, and upon conviction
thereof shall be fined not more than one hundred dollars ($100.00), including costs.
(Code 1972, §8-14.)
§7-1-19. Returns and Remittances; Discounts.
(A)
Returns and remittances of the tax herein levied and collected shall be made to the tax
collector at the time and in the manner, form, and amount as prescribed for returns and
remittances required by the State Sales Tax Code; and remittances of tax collected
hereunder shall be subject to the same discount as may be allowed by said Code for
collection of State Sales Taxes. (Code 1972, § 8-15.)
§7-1-20. Interest and Penalties; Delinquency.
(A)
Section 217 of Title 68, 0. S. Supp. 1965, as may be amended, is hereby adopted and
made a part of this article, and interest and penalties at the rates and in amounts as
therein specified are hereby levied and shall be applicable in cases of delinquency in
reporting and paying the tax levied by this article. Provided, that the failure or refusal
of any taxpayer to make and transmit the reports and remittances of tax in the time and
manner required by this article shall cause such tax to be delinquent. In addition, if
such delinquency continues for a period of five (5) days the taxpayer shall forfeit his
claims to any discount allowed under this article. (Code 1972, § 8-16.)
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§7-1-21. Waiver of Interest and Penalties.
(A)
The interest or penalty or any portion thereof accruing by reason of a taxpayer's failure
to pay the city tax herein levied may be waived or remitted in the same manner as
provided for said waiver or remittance as applied in administration of the State Sales
Tax provided in Title 68 0. S. Suppl. 1965, § 220, as may be amended, and to
accomplish the purposes of this section the applicable provisions of said Section 220
are hereby adopted by reference and made a part of this article. (Code 1972, § 8-17.)
§7-1-22. Erroneous Payments; Claim for Refund.
(A)
Refund of erroneous payment of the city sales tax herein levied may be made to any
taxpayer making such erroneous payment in the same manner and procedure, and
under the same limitations of time, as provided for administration of the State Sales
Tax as set forth in Title 68, 0. S. Supp. 1965, § 227, as may be amended, and to
accomplish the purposes of this section, the applicable provisions of said Section 227
are hereby adopted by reference and made a part of this article. (Code 1972, § 8-18.)
§7-1-23. Fraudulent Returns.
(A)
In addition to all civil penalties provided by this article, the willful failure or refusal of
any taxpayer to make reports and remittances herein required, or the making of any
false and fraudulent report for the purpose of avoiding or escaping payment of any tax
or portion thereof rightfully due under this article shall be an offense, and upon
conviction thereof, the offending taxpayer shall be subject to a fine of not more than
one hundred dollars ($100.00), including costs. (Code 1972, § 8-19.)
§7-1-24. Records Confidential.
(A)
The confidential and privileged nature of the records and files concerning the
administration of the city sales tax is legislatively recognized and declared, and to
protect the same the provisions of Title 68 0. S. Supp. 1965, § 205 of the State Sales
Tax Code, as may be amended, and each subsection thereof is hereby adopted by
reference and made fully effective and applicable to administration of the city sales
tax as if here set forth in full. (Code 1972, § 8-20.)
§7-1-25. Amendments.
(A)
The people of the City of Jenks, Oklahoma, by their approval of this article at the
election herein above provided, hereby authorize the city council by ordinances duly
enacted to make such administrative and technical changes or additions in the method
and manner of administration and enforcing this article as may be necessary or proper
for efficiency and fairness except that the rate of the tax herein provided shall not be
changed without approval of the qualified electors of the city as provided by law.
(Code 1972, § 8-21.)
§7-1-26. Provisions Cumulative.
(A)
The provisions hereof shall be cumulative, and in addition to any and all other taxing
provisions of city ordinances. (Code 1972, § 8-22.)
§7-1-27. Provisions Severable.
(A)
The provisions hereof are hereby declared to be severable, and if any section,
paragraph, sentence or clause of this article is for any reason held invalid or
160
inoperative by any court of competent jurisdiction such decision shall not affect any
other section, paragraph, sentence, or clause hereof. (Code 1972, § 8-23.)
Article 2. Purchases and Sales of Supplies, Materials, Equipment, etc.
§7-2-1. "Contractual services" defined.
(A)
"Contractual services", for the purpose of this article, means services performed for
the city by persons not in the employment of the city, and may include the use of
equipment or the furnishing of commodities in connection with said services under
express or implied contract. Contractual services include travel; freight; express;
parcel post; postage; telephone; telegraph; utilities; rents, printing and binding; repairs,
alterations, and maintenance of buildings, equipment, streets, and bridges, and other
physical facilities of the city; and other services preformed for the city by persons not
in the employment of the city. (Code 1972, §8-24).
§7-2-2. Purchases: How made.
(A)
All purchases of supplies, materials, equipment, and contractual services for the
offices, departments, and agencies of the city government, shall be made by the city
manager or by other city personnel in accordance with purchase authorizations issued
by the city manager. (Code 1972, §8-25).
§7-2-3. Same: When Prior Approval by the Council is Required.
(A)
Every contract for, or purchase of supplies, materials, equipment, or contractual
services shall conform to the annual budget as approved by the City Council; and
under no circumstances may such contract or purchase be made for items not
contained in the annual budget which cost more than Twenty-five Thousand Dollars
($25,000.00) without first obtaining the approval of City Council. (Amended Ord.
#304, Feb. 20, 1978) (Amended Ord. #435, June 21, 1982) (Amended Ord. #896, June
17, 1996) (Amended Ord #1011, Jan. 2, 2001) (Amended Ord. #1138, Sept. 19, 2005).
§7-2-4. Same: Competitive Bidding.
(A)
Before any purchase of, or contract for, supplies, materials, equipment or contractual
services is made, except as otherwise provided in §7-2-5 below, the city purchasing
authority shall submit to at least three (3) persons dealing in and able to supply the
same, or to a smaller number if there are not three (3) dealing in and able to supply the
same, a request for quotation (or invitation to bid) and specifications, to give them
opportunity to bid; and/or publish notice of the proposed purchase in a newspaper of
general circulation within the city. He shall favor a person in the city when this can be
done without additional cost to the city; but he shall submit requests for quotation to
those outside the city when this may be necessary to secure bids or to create
competitive conditions, or when he thinks that by doing so, he can make a saving for
the city; and shall purchase from them when he can make a saving for the city. All
bids shall be sealed and shall be opened in public at a designated time and place. He
may repeatedly reject bids, and again submit to the same or other persons the request
for quotation (or invitation to bid), and/or again publish notice of the proposed
purchase. He may purchase only from the bidder whose bid is most advantageous to
the city, considering price, quality, date of delivery, etc., and in case of a tie, may
purchase from one of those tying, or may divide the purchase among those tying,
always accepting the bid or bids most advantageous to the city. (Code 1972, § 8-27).
161
§7-2-5. Same: When Competitive Bidding is Not Required.
(A)
The following may be purchased without giving an opportunity for competitive
bidding:
(1)
Supplies, materials, equipment or contractual services whose cost does not
exceed Twenty-five Thousand Dollars ($25,000.00) in a single transaction or
supplies, materials, or equipment when the same is being sold through
auction, or through solicited bidding by the seller, or the same is used.
(Amended Ord. #683, July 18, 1998) Amended Ord. #971, Sept.8, 1998)
(Amended Ord. #1010, Jan. 2, 2001).
(2)
Supplies, materials, equipment or contractual services which can be furnished
only by a single dealer, or which have a uniform price wherever bought.
(3)
Supplies, materials, equipment, or contractual services purchased from
another unit of government at a price deemed below that obtainable from
private dealers, including government surplus.
(4)
Contractual services (natural gas, telephone service, etc.) purchased from a
public utility at a price or rate determined by the State Corporation
Commission or other governmental authority.
(5)
Supplies, materials, equipment, or contractual services when purchased at a
price not exceeding a price set therefore by the state purchasing agency or any
other state agency hereafter authorized to regulate prices for things purchased
by the state (whether such price is determined by a contact negotiated with a
vendor or otherwise.)
(6)
Contractual services of a professional nature, such as engineering,
architectural, and medical services.
(7)
Public Construction contracts of $50,000 or more must be competitively bid
as per the provisions of Title 61 Oklahoma Statute § 101 et. seq. (Amended
Ord. #588, July 5, 1985) (Amended Ord. #971, Sept. 8, 1998) (Amended Ord.
#1010, Jan. 2, 2001) (Amended Ord. #1181, Oct. 16, 2006).
(8)
Supplies, materials, equipment or contractual services when purchased at a
price not exceeding a price set therefore by the U.S. General Services
Administration., (Added Ord. #588, July 15, 1985).
(9)
Supplies, materials, equipment, or contractual services when purchased at a
price not exceeding a price set therefore by another political subdivision of the
State of Oklahoma or its purchasing authority when such purchases have
executed as a result of a competitive bidding process prescribed by Title II
Oklahoma Statutes, § 10-116(b). (Amended Ord. #588, July 15, 1985).
(10)
Competitive bidding may be waived for amounts not to exceed $35,000.00
when an emergency has been declared to exist by a two-thirds (2/3) majority
of all the members of the City Council.
§7-2-6. Sales: Council to Declare Surplus or Obsolete; Competitive Bidding.
(A)
No surplus or obsolete supplies, materials, or equipment of a value of more than One
162
Thousand Dollars ($1,000.00) may be sold until the council shall have declared them
obsolete or surplus. The City Manager may put surplus property up for live public
auction or an electronic public auction. Any property deemed surplus or obsolete that is
to be sold via auction must be posted in City Hall visible to the general public with the date,
time and duration of auction at least ten days prior to commencement of said auction. In
lieu of an auction, the City Manager may advertise items for sale in a newspaper of
general circulation in the City or in such other manner to reach prospective buyers with
all bids sealed and opened in public. The City Manager may repeatedly reject all bids. Sale is to
be made to the highest responsible bidder. (Amended Ord. #1271, May 17, 2010)
§7-2-7. Same: When Competitive Bidding is not Required.
(A)
The city manager may sell the following without giving an opportunity for
competitive bidding:
(1)
Surplus or obsolete supplies, materials, or equipment whose total value does
not exceed One Thousand Dollars ($1,000.00) in a single transaction.
(2)
Supplies, materials, or equipment when sold at a price of at least great as that
paid by the city for the same.
(3)
City Council, by motion, may waive the requirement for soliciting competitive
bids for the sale of surplus or obsolete supplies, materials or equipment.
Note: As regards purchases and sales, see also 11 O.S. §961.23.
For state law prohibiting an officer authorized to sell or lease property from
voluntarily becoming interested in the sale or lease, directly or indirectly, see 21 O.S.
1971 §344.
For state law prohibiting contracts with members of the council or in which they are
interested, directly or indirectly, see 62 O.S. 1961 §371. See also 21 O.S. 1971 §355357.
For regulation of sale, lease, or other disposal of a public utility owned by a
municipality, see 11 O.S. § 441 et seq.
For method of selling, leasing, or otherwise disposing of an airport, air navigation
facility, or airport property acquired pursuant to 3 O.S. 1971 §65.1 et seq, see 3 O.S.
1971 § 65.4.
Article 3. Emergency Medical Services Code
§7-3-1 through §7-3-23, "Regulation of Ambulance Services", as adopted by the Jenks City
Council in Ordinance No. 627 dated November 3, 1986, was amended in its entirety by
Ordinance No. 725 dated June 18, 1990, and is hereafter known as "The Emergency Medical
Services Code", appearing herein as Appendix Eleven (11) of the Jenks City Code.
Article 4. Trusts
§7-4-1. Acceptance of Beneficial Interest in Jenks Public Works Authority.
(A)
The governing body of the Town of Jenks, Oklahoma, hereby does accept, for and on
behalf of said municipality, the beneficial interest in the public trust designated as the
Jenks Public Works Authority, provided for in the declaration of trust of said public
163
trust, dated the 10th day of September, 1969, for the comprehensive purpose of
furthering, and providing funds for the furthering, of any authorized or proper function
of the said municipality, including but not limited to the furnishing and supplying, of
utility services and facilities in the municipality and in reasonable proximity thereto,
and for purposes collateral thereto, in all respects in accordance with said declaration
of trust, and the president of the board of trustees of the said municipality herby is
authorized and directed to endorse such acceptance of beneficial interest on said
declaration of trust for and on behalf of the municipality and the governing body
thereof. (Passed by board of trustees of Town of Jenks, September 10, 1969.)
See Appendices for copy of Trust Indenture and Indenture of Lease.
§7-4-2. Acceptance of Beneficial Interest in Jenks Industrial Authority.
(A)
The city council of the City of Jenks, Oklahoma, hereby does- accept, for and on
behalf of said municipality, the beneficial interest in the public trust designated as the
Jenks Industrial Authority, provided for in the declaration of trust of said public trust
dated the 17th day of April, 1972, for the purposes, and in all respects in accordance
with said declaration of trust and the applicable laws of the State of Oklahoma; and
the mayor of the City of Jenks, Oklahoma, is hereby authorized and directed to
endorse such acceptance of the beneficial interest on said declaration of trust, for and
on behalf of the municipality and the governing body thereof. (Passed by the city
council of the City of Jenks, April 17, 1972, as Ordinance No. 202.)
See Appendices for copy of Trust Indenture.
§7-4-3. Acceptance of Beneficial Interest in Metropolitan Utility Authority.
(A)
The city council of the City of Jenks, Oklahoma, hereby does accept, for and on behalf
of said municipality, the beneficial interest in the public trust designated as the
Metropolitan Utility Authority, provided for in the declaration of trust of said public
trust dated the 10th day of October, 1972, for the purposes, and in all respects in
accordance with said declaration of trust and the applicable laws of the State of
Oklahoma; and the mayor of the City of Jenks, Oklahoma, is hereby authorized and
directed to endorse such acceptance of the beneficial interest on said declaration of
trust, for and on behalf of the municipality and the governing body thereof. (Passed by
the city council of the City of Jenks, November 20, 1972, as Ordinance No. 208.)
See Appendices for copy of Trust Indenture.
§7-4-4. Acceptance of Beneficial Interest in Jenks Redevelopment Authority.
(A)
The city council of the City of Jenks, Oklahoma, hereby does accept, for and on behalf
of said municipality, the beneficial interest in the public trust designated as the Jenks
Redevelopment Authority, provided for in the declaration of trust of said public trust
dated the 19th day of July, 1982, for the purposes, and in all respects in accordance
with said declaration of trust and the applicable laws of the state of Oklahoma; and the
mayor of the City of Jenks, Oklahoma, is hereby authorized and directed to endorse
such acceptance of the beneficial interest on said declaration of trust, for and on behalf
of the municipality and the governing body thereof. (Passed by the city council of the
City of Jenks, September 20, 1982, as Resolution No. 74.)
See Appendices for copy of Trust Indenture.
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§7-4-5. Acceptance of Beneficial Interest in Jenks Aquarium Authority.
(A)
The City Council of the City of Jenks, Oklahoma, hereby does accept, for and on
behalf of said municipality, the beneficial interest in the public trust designated as the
Jenks Aquarium Authority, provided for in the declaration of trust of said public trust
dated the 3rd day of June, 1996, for the purposes, and in all respects in accordance with
said declaration of trust and the applicable laws of the state of Oklahoma; and the
mayor of the City of Jenks, Oklahoma, is hereby authorized and directed to endorse
such acceptance of the beneficial interest on said declaration of trust, for and on behalf
of the municipality and the governing body thereof. (Passed by the city council of the
City of Jenks, May 20, 1996, as Resolution No. 239.)
See Appendices for copy of Trust Indenture.
§7-4-6. Acceptance of Beneficial Interest in Arkansas River Bridge Authority.
(A)
The City Council of the City of Jenks, Oklahoma, hereby does accept, for and on
behalf of said municipality, the beneficial interest in the public trust designated as the
Arkansas River Bridge Authority, provided for in the declaration of trust of said public
trust dated the 7th day of August, 2006, for the purposes, and in all respects in
accordance with said declaration of trust and the applicable laws of the state of
Oklahoma; and the mayor of the City of Jenks, Oklahoma, is hereby authorized and
directed to endorse such acceptance of the beneficial interest on said declaration of
trust, for and on behalf of the municipality and the governing body thereof. (Passed by
the city council of the City of Jenks, August 7, 2006, as Resolution No. 429.)
See Appendices for copy of Trust Indenture.
Article 5. Penalty
§7-5-1. Penalty.
(A)
Any person who violates or fails to comply with any provision of this chapter or any
legal order or regulation made pursuant thereto, shall be guilty of an offense, and upon
conviction thereof, shall be punished by a fine of not more than one hundred dollars
($100.00). Each day upon which a violation continues shall be deemed a separate
offense. (Amended, Ord. #534, Nov. 21, 1983)
Article 6. Tax on Sales of Electricity
§7-6-1. Imposition of Tax.
(A)
There is hereby imposed an annual gross receipts tax of two percent (2%) of the sales
of electricity to residential or commercial users. Said tax to be paid to the Jenks City
Clerk by the supplier of electricity quarterly within thirty (30) days of the end of each
quarter. Each quarter shall be based on March 31st, June 30th, September 30th, and
December 31st.
(B)
That in the event a supplier of electricity fails to pay its tax within the times herein
proscribed, the City shall have all remedies provided by 68 O.S. §2604-2605.
(C)
That any utility company operating under a valid franchise agreement with the City of
Jenks and making payments under that agreement, is exempt from this tax. (Added
Ord. #553, June 18, 1984.)
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Article 7. Tax on Sales of Natural Gas.
§7-7-1. Imposition of Tax.
(A)
There is hereby levied and assessed an annual tax of two percent (2%) upon the gross
receipts from all sales of gas in the City of Jenks, which tax shall be in lieu of any
other franchise, license, occupation, or excise tax levied by such city, all as provided
by 68 O.S. 1971, §2601-2605.
(B)
The tax levied under (A) of this section shall, when levied, apply to all persons, firms,
associations, or corporations engaged in the business of furnishing gas within the city
limits of Jenks, except it shall not apply to any person, firm, association, or
corporation operating under a valid franchise from said city.
(C)
The tax levied under (A) of this section shall be levied for a term of not less than one
(1) year and shall be payable monthly and placed in the general revenue fund of the
city. Any person, firm, or corporation failing or refusing to pay such tax when levied
shall be regarded as a trespasser and may be ousted from the city, and in addition
thereto, an action may be maintained against such person, firm, or corporation for the
amount of the tax, and all expenses of collecting same, including reasonable attorney's
fees.
(D)
The tax so imposed shall constitute a first and prior lien on all the assets located within
the said city of any person, firm or corporation engaged in the business of selling gas
within the city limits of the City of Jenks.
Article 8. Use Tax
§7-8-1. Excise Tax on Storage, Use or Other Consumption of Intangible Personal Property
Levied.
(A)
There is hereby levied and there shall be paid by every person storing, using or
otherwise consuming within the municipality tangible, personal property purchased or
brought into this municipality, an excise tax on the storage, use or other consuming
within the municipality of such property at the rate of three percent (3%) of the
purchase price of such property. Such tax shall be paid by every person storing, using
or otherwise consuming, within the municipality, tangible, personal property
purchased or brought into the municipality. The additional tax levied hereunder shall
be paid at the time of importation or storage of the property within the municipality
and shall be assessed to only property purchased outside Oklahoma; provided, that the
tax levied herein shall not be levied against tangible, personal property intended solely
for use outside the municipality, but which is stored in the municipality pending
shipment outside the municipality or which is temporarily retained in the municipality
for the purpose of fabrication, repair, testing, alteration, maintenance or other service.
Any person liable for payment of the tax authorized herein, may deduct from such tax
any local or municipal sales tax previously paid on such goods or services; provided,
that the amount deducted shall not exceed the amount that would have been due if the
taxes imposed by the municipality had been levied on the sale of such goods or
services.
§7-8-2. Exemptions.
(A)
The provisions of this Ordinance shall not apply:
(1)
In respect to the use of an article of tangible, personal property brought into
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the municipality by a nonresident individual visiting in this municipality for
his or her personal use or enjoyment while within the municipality;
(2)
In respect to the use of tangible, personal property purchased for resale before
being used;
(3)
In respect to the use of any article of tangible, personal property on which a
tax, equal to or in excess of that levied by both the Oklahoma Use Tax Code
and the City of Jenks Use Tax Ordinance, has been paid by the person using
such tangible, personal property in the municipality, whether such tax was
levied under the laws of Oklahoma or some other state or municipality of the
United States. If any article of tangible, personal property has already been
subjected to a tax by Oklahoma or any other state or municipality in respect to
its sale or use, in an amount less than the tax imposed by both the Oklahoma
Use Tax Code and the City of Jenks Use Tax Ordinance, the provisions of this
Ordinance shall also apply to it by a rate measured by the difference only
between the rate provided by both the Oklahoma Use Tax Code and the City
of Jenks Use Tax Ordinance, and the rate by which the previous tax upon the
sale or use was computed. Provided, that no credit shall be given for taxes
paid in another state or municipality, if that state or municipality does not
grant like credit for taxes paid in Oklahoma and the municipality;
(4)
In respect to the use of machinery and equipment purchased and used by
persons establishing new manufacturing or processing plants in the
municipality, and machinery and equipment purchased and used by persons to
the operation of manufacturing plants already established in the municipality.
Provided, this exemption shall not apply unless such machinery and
equipment is incorporated into, and is directly used in, the process of manufacturing property subject to taxation under the Sales Tax Code of the
municipality. The term "manufacturing plants" shall mean those
establishments primarily engaged in manufacturing or processing operations,
and generally recognized as such;
(5)
In respect to the use of tangible, personal property now specifically exempted
from taxation under the Sales Tax Code of the municipality;
(6)
In respect to the use of any article of tangible, personal property brought into
the municipality by an individual with intent to become a resident of this
municipality where such personal property is for such individual's personal
use or enjoyment;
(7)
In respect to the use of any article of tangible personal property used or to be
used by commercial airlines or railroads;
(8)
In respect to livestock purchased outside Oklahoma and brought into this
municipality for feeding or breeding purposes, and which is later resold.
§7-8-3. Time When Due - Returns - Payment..
(A)
The tax levied by this Ordinance is due and payable at the time and in the manner and
form prescribed for payment of the State Use Tax under the Use Tax Code of the State
of Oklahoma.
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§7-8-4. Tax Constitutes Debt.
(A)
Such taxes, penalty and interest due hereunder shall at all times constitute a prior,
superior and paramount claim as against the claims of unsecured creditors, and may be
collected by suit as any other debt.
§7-8-5. Collection of Tax by Retailer or Vendor.
(A)
Every retailer or vendor maintaining places of business both within and without the
state of Oklahoma, and making sales of tangible, personal property from a place of
business outside this state for use in this municipality shall at the time of making such
sales collect the use tax levied by this Ordinance from the purchaser and give to the
purchaser a receipt therefore in the manner and form prescribed by the Tax
Commission, if the Tax Commission shall, by regulation, require such receipt. Each
retailer or vendor shall list with the Tax Commission the name and address of all his
agents operating in this municipality and location of any and all distribution or sales
houses or offices or other places of business in this City.
§7-8-6. Collection of Tax by Retailer or Vendor not Maintaining a Place of Business within
State or Both Within and Without State - Permits.
(A)
The Tax Commission may, in its discretion, upon application, authorize the collection
of the tax herein levied by any retailer or vendor not maintaining a place of business
within this state but who makes sales of tangible personal property for use in this
municipality and by the out-of-state place of business of any retailer or vendor
maintaining places of business both within and without Oklahoma and making sales of
tangible, personal property at such out-of-state place of business for use in this municipality. Such retailer or vendor may be issued, without charge, a permit to collect
such taxes, by the Tax Commission in such manner and subject to such regulations
and agreements as it shall prescribe. When so authorized, it shall be the duty of such
retailer or vendor to collect the tax upon all tangible, personal property sold to his
knowledge for use within this municipality. Such authority and permit may be
cancelled when at any time the Tax Commission considers that such tax can more
effectively be collected from the person using such property in this municipality.
Provided, however, that in all instances where such sales are made or completed by
delivery to the purchaser within this municipality by the retailer or vendor in such
retailer's or vendor's vehicle, whether owned or leased (not by common carrier), such
sales or transactions shall continue to be subject to applicable municipality sales tax at
the point of delivery and the tax shall be collected and reported under taxpayer's sales
tax permit number accordingly.
§7-8-7. Revoking Permits.
(A)
Whenever any retailer or vendor not maintaining a place of business in this state, or
both within and without this state, and authorized to collect the tax herein levied, fails
to comply with any of the provisions of this Ordinance or the Oklahoma Use Tax
Code or any order, rules or regulations of the Tax Commission, the Tax Commission
may, upon notice and hearing as provided for in 68 O.S. 1981, Section 1408, by order,
revoke the use tax permit, if any, issued to such retailer or vendor, and if any such
retailer or vendor is a corporation authorized to do business in this state may, after
notice and hearing above provided, cancel said corporation's license to do business in
this state and shall issue a new license only when such corporation has complied with
the obligations under this Ordinance, the Oklahoma Use Tax Code, or any order, rules
or regulations of the Tax Commission.
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§7-8-8. Remunerative Deductions Allowed Vendors or Retailers of Other States.
(A)
Returns and remittances of the tax herein levied and collected shall be made to the Tax
Commission at the time and in the manner, form and amount as prescribed for returns
and remittances required by the Oklahoma Use Tax Code; and remittances of tax
collected hereunder shall be subject to the same discount as may be allowed by said
Code for the collection of State Use Taxes.
§7-8-9. Interest and Penalties - Delinquency.
(A)
Section 217 of Title 68 0. S. 1981 is hereby adopted and made a part of this Ordinance, and interest and penalties at the rates and in the amounts as therein specified
are hereby levied and shall be applicable in cases of delinquency in reporting and
paying the tax levied by this Ordinance. Provided, that the failure or refusal of any
retailer or vendor to make and transmit the reports and remittances of tax in the time
and manner required by this Ordinance shall cause such tax to be delinquent. In
addition, if such delinquency continues for a period of five (5) days, the retailer or
vendor shall forfeit his claim to any discount allowed under this Ordinance.
§7-8-10. Waiver of Interest and Penalties.
(A)
The interest or penalty or any portion thereof accruing by reason of a retailer's or
vendor's failure to pay the municipality tax herein levied may be waived or remitted in
the same manner as provided for said waiver or remittance as applied in
administration of the State Use Tax provided in 68 O.S. 1981, Section 227, and to
accomplish the purposes of this section the applicable provisions of said Section 220
are hereby adopted by reference and made a part of this Ordinance.
§7-8-11. Erroneous Payments - Claim for Refund.
(A)
Refund of erroneous payment of the municipality Use Tax herein levied may be made
to any taxpayer making such erroneous payment in the same manner and procedure,
and under the same limitations of time, as provided for administration of the State Use
Tax as set forth in 68 O.S. 1981, Section 227, and to accomplish the purpose of this
section, the applicable provisions of said Section 227 are hereby adopted by reference
and made a part of this Ordinance.
§7-8-12. Fraudulent Returns.
(A)
In addition to all civil penalties provided by this ordinance, the willful failure or
refusal of any taxpayer to make reports and remittances herein required, or the making
of any false and fraudulent report for the purpose of avoiding or escaping payment of
any tax or portion thereof rightfully due under this Ordinance shall be an offense and
upon conviction thereof the offending taxpayer shall be punished by a fine of not more
than one hundred dollars ($100.00) and costs. Each day of noncompliance with this
Ordinance shall constitute a separate offense.
§7-8-13. Records Confidential.
(A)
The confidential and privileged nature of the records and files concerning the
administration of the municipality use tax is legislatively recognized and declared, and
to protect the same the provisions of 68 O.S. 1981, Section 205, of the State Use Tax
Code, and each subsection thereof, is hereby adopted by reference and made fully
effective and applicable to administration of the municipality use tax as is herein set
forth in full.
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§7-8-14. Provisions Cumulative.
(A)
The provisions hereof shall be cumulative, and in addition to any and all other taxing
provisions of the municipality ordinances.
§7-8-15. Provisions Severable.
(A)
The provisions hereof are hereby declared to be severable, and if any section,
paragraph, sentence or clause of this ordinance is for any reason held invalid or
inoperative by any court of competent jurisdiction, such decision shall not affect any
other section, paragraph, sentence or clause hereof.
§7-8-16. Definitions.
(A)
The definitions of words, terms and phrases contained in the Oklahoma Use Tax
Code, Section 1401, 68 O.S. 1981, are hereby adopted by reference and made a part of
this Ordinance. In addition thereto, the following words and terms shall be defined as
follows:
(1)
(2)
City shall mean the City of Jenks, Oklahoma.
Transaction shall mean sale.
§7-8-17. Tax Collector Defined.
(A)
The term "tax collector" as used herein means the department of the municipality
government or the official agency of the state, duly designated according to law or
contract authorized by law, to administer the collection of the tax herein levied.
§7-8-18. Classification of Taxpayers.
(A)
For the purpose of this Ordinance, the classification of taxpayers hereunder shall be as
prescribed by state law for purposes of the Oklahoma Use Tax Code.
§7-8-19. Subsisting State Permits.
(A)
All valid and subsisting permits to do business issued by the Tax Commission pursuant to the Oklahoma Use Tax Code are for the purpose of this Ordinance hereby
ratified, confirmed and adopted in lieu of any requirement for an additional
municipality permit for the same purpose.
§7-8-20. Purposes of Revenues.
(A)
It is hereby declared to be the purpose of this Ordinance to provide revenues for the
support of the functions of the municipal government of the municipality, and any and
all revenues derived hereunder may be expended by the governing body of the municipality for any purpose for which funds may be lawfully expended as authorized.
§7-8-21. Effective Date.
(A)
This ordinance shall become effective on and after April 1, 1985.
Article 9. Access to Public Records
§7-9-1. Definitions.
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(A)
The definitions of "record", "public body", "public office," public official", and "law
enforcement agency" as provided by the Oklahoma Open Records Act is hereby
adopted and incorporated by reference herein.
§7-9-2. Restrictions on Access to Records.
(A)
All public records shall be available for inspection and copying under the conditions
set forth hereafter in this article except those records which are exempt from public
access as set forth in the Oklahoma Open Records Act, or other state or federal
legislation.
§7-9-3. Fees for Copying and or Mechanical Reproduction of Records and for the Search for
Certain Records.
(A)
No Fee. Where a request has been made for the inspection of an open public record
no fee shall be charged.
(B)
Copying Fee. A fee of twenty five cents ($0.25) per page shall be charged for copying
documents having dimensions of eight and one-half (8 1/2) by fourteen (14) inches or
smaller or one dollar ($1.00) per copied page which is certified. (Amended, Ord. 698,
Nov. 21, 1988)
(C)
Fee for mechanical reproduction. For copying any open public record which cannot
be reproduced by photocopying, such as a computer printout or blueprint, the
requester shall be charged the actual cost to the City, including the cost of labor,
materials and equipment, which cost shall be determined by the Jenks City Manager.
(D)
Search Fee. A fee shall be charged for the search of public records if the request is
solely for a commercial purpose or if the search clearly would cause excessive
disruption of the City or department's functions. Such fee shall be the actual cost to the
City of producing the record, including the cost of labor, materials and equipment,
which fee shall be determined by the Jenks City Manager, and a written copy of said
fee schedule, including the copying cost set forth in §7-9-3(B) above, shall be posted
at the Jenks City Hall and filed with the Tulsa County Clerk. (Amended, Ord. 698,
Nov. 21, 1988)
(E)
Prepayment of Fees. A record custodian may demand prepayment of a fee whenever
the estimated amount exceeds $10.00. The prepayment amount shall be an estimate of
the cost of copying mechanical reproduction or searching for the record. Any overage
or underage in the prepayment amount shall be settled prior to producing the requested
record or delivering the copy or mechanical reproduction of the record.
(F)
No copy fee shall be assessed when multiple copies of the record requested have been
prepared for free public distribution, or when the record custodian determines that the
cost of charging and handling the fee exceeds the cost of providing a copy without
charge.
§7-9-4. Custodians for Public Records.
(A)
The City Manager is hereby appointed the official custodian of the public records of
the City of Jenks for the purposes of the Oklahoma Records Act. The City Manager
shall have the authority to appoint additional record custodians for the various
departments within the government of the City of Jenks. Upon the City Manager
appointing additional record custodians, a list of the same shall be filed with the City
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Clerk.
(B)
Duties of Custodians. All city officials and employees appointed or designated under
this Article shall: protect public records from damage and disorganization; prevent
excessive disruption of the essential functions of the City; provide assistance and
information upon request; insure efficient and timely action and response to all applications for inspection of public records; and shall carry out the procedures adopted
by this City for inspecting and copying open public records.
(C)
Requests to be Directed to Custodians.
(1)
All members of the public, in seeking access to, or copies of, a public record
in accordance with the provisions of the Oklahoma Open Records Act, shall
address their requests to the custodian charged with responsibility for the
maintenance of the record sought to be inspected or copied.
(2)
Whenever any city official or employee appointed or designated as a
custodian under this Article is presented with a request for access to, or copy
of, a public record which record the custodian does not have in his or her
possession and which he or she has not been given responsibility to keep and
maintain, the custodian shall so advise the person requesting the record.
Further, the person making the request shall be informed as to which
custodian the request should be addressed to, if such is known by the
custodian receiving the request.
§7-9-5. Maintenance, Preservation and Protection of Public records and Procedures for
Accessing and Copying Open Records.
(A)
Procedures regarding both inspection and copying of open public records.
The following procedures are hereby adopted and shall be applied by each official
custodian:
(1)
(2)
Consistent with the policy, duties and procedures established by the Oklahoma Open Records Act, record custodians shall provide full access and
assistance in a timely and efficient manner to persons who request access to
open public records.
Record custodians shall protect the integrity and organization of public
records with respect to the manner in which such records are inspected and
copied.
(3)
Record custodians may prevent excessive disruptions of essential functions
and provide the record at the earliest possible time.
(4)
All inspections and copying of open public records shall be performed by, or
under the supervision of, the record custodian responsible for such records.
(5)
All persons requesting the inspection of or a copy of open public records shall
make such request in writing prior to the request being honored, except that no
form shall be required for requests made for records which have been
reproduced for free public distribution.
(6)
All record inspection and copying forms are to be completed by the person
requesting the record. The record custodian may demand reasonable
identification of any person requesting a record.
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(B)
(C)
(7)
Any fees for record inspection or for copies are due at the time the records or
copies thereof are provided to the requester, unless the record custodian has
demanded that prepaying of all or part of such fees be made. Fees are to be
paid to the record custodian.
(8)
No record search or copying charge shall be assessed against officers or
employees of the City who makes requests which are reasonably necessary to
the performance of their official duties.
(9)
Hours for making requests for inspection or copying shall be all regular
working hours for each day the office maintains regular office hours.
(10)
Removal of open public records from the office where kept and maintained,
for purposes of inspection and/or the making of copies shall not be permitted,
except under supervision of the record custodian.
(11)
The above procedures, as well as any other inspection and copying procedures
shall be posted in a conspicuous place in the office of the record custodian.
Procedures Regarding Inspection of Open Public Records. The following procedures
are hereby adopted and shall be applied by every official custodian and record custodian:
(1)
Record custodians shall handle all inspection requests in accordance with their
duties to protect and preserve public records and to assist persons requesting
inspection of open public records.
(2)
All request forms must be completed by the party requesting the record. In all
cases the party so requesting must sign his or her individual name to the form.
Written requests shall be made on the form provided by the record custodian
and presented to the record custodian.
(3)
A written request is sufficient if it reasonably describes the record sought. In
instances where the requester cannot provide sufficient information to identify
a record, the custodian shall assist in making such identification.
(4)
A record custodian shall, upon making a denial of an inspection request,
forward a copy of the denial to the City Attorney.
Procedures Regarding Copies of Open Public Records. The following procedures are
hereby adopted and shall be applied by each official custodian and record custodian:
(1)
Record custodians shall handle all copy requests in accordance with their
duties to protect and preserve public records and to assist persons requesting
copies of open public records.
(2)
All request forms must be completed by the party requesting the copies. In all
cases the party so requesting must sign his or individual name to the form.
Written requests shall be made on the form provided by the record custodian.
(3)
Mechanical reproduction of a record shall not be undertaken when it is the
judgment of the record custodian that any available means of mechanically
reproducing the subject record is likely to cause damage to such record.
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§7-9-6. Forms for Requests for Inspection and/or Copying Public Records.
(A)
The City Manager shall prepare forms for use in implementing the provisions of the
Oklahoma Open Records Act including, but not limited to, provision for requests for
inspection of copying, denials of the same and delay notices. Copies of such forms
shall be provided for use by any additional record custodians appointed by the City
Manager.
§7-9-7. Appeals for Denials of Requests for Inspection and Copying.
(A)
In the event a request for inspection, search or copying of a public record has been
denied by a record custodian appointed by the City Manager, any person aggrieved
thereby shall given written notice to the City Manager who shall, within ten (10) days
of receipt of the written notice, advise such aggrieved party whether such inspection
and/or copying will be permitted and under what circumstances. In the event the
inspection and/or copying request is denied by the City Manager, the aggrieved party
shall appeal such decision to the Jenks City Council by filing a request for a hearing
on the same. In the event the Jenks City Council denies the request for inspection
and/or copying, the aggrieved party may seek a declaratory or injunctive relief by
means of civil suit. (Added Ord. #600, Nov. 4, 1985)
Article 10. Certification of Special Assessments
§7-10-1. Fee for Certification of Special Assessments.
(A)
There shall be a fee of $20.00 collected by the Jenks City Clerk for providing a
certification as to the existence or non-existence of special assessments by the City
of Jenks against any parcel of real estate.
(Amended Ord. #708A, June 29, 1992) (Amended Ord. #1274, July 6, 2010).
Article 11. Jenks Nine-One-One Emergency Number.
§7-11-1. Definitions.
As used in this Article, the following words and phrases shall have the following meanings:
(A)
"Emergency telephone service" means any telephone system utilizing a three-digit
number, nine-one-one (911), for reporting an emergency to the appropriate public
agency providing law enforcement, fire, medical or other emergency services,
including ancillary communications systems and personnel necessary to pass the
reported emergency to the appropriate emergency service provided. (Amended Ord.
#749, June 17, 1991)
(B)
"Emergency Telephone Fee" shall mean a fee used to finance the operation of the
emergency telephone service, so as to provide service users within the corporate limits
of the City of Jenks access to the emergency telephone service.
(C)
"City" shall mean the City of Jenks, Oklahoma, a municipal corporation.
(D)
"Local Exchange Telephone Company" shall mean any company providing exchange
telephone service to any service user within the corporate limits of the City of Jenks.
(E)
"Person" shall mean any service user, including but not limited to any individual, firm,
partnership, co-partnership, joint venture association, cooperative organization, private
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corporation, whether organized for profit or not, fraternal organization, non-profit
organization, estate, trust, business or common law trust, receiver, assignee for the
benefit of creditors, trustee or trustee in bankruptcy, the United States of America, the
state, political subdivisions of the state, federal or state agencies, departments,
commissions, boards, bureaus or any other service user within the corporate limits of
the City of Jenks.
(F)
"Service User" shall mean any person who is provided exchange telephone service
within the corporate limits of the City of Jenks.
(G)
"Tariff Rate" shall mean the rate or rates billed by the local exchange telephone
company stated in tariffs applicable for such company as approved by the Oklahoma
Corporation Commission, which represents the recurring charges of the local
exchange telephone company for exchange telephone services or its equivalent, exclusive of all taxes, fees, licenses or similar charges whatsoever.
§7-11-2. Emergency Telephone Fee.
(A)
There is hereby levied, upon all service users subject to the jurisdiction of the City of
Jenks for which emergency telephone service has been contracted, an emergency
telephone fee, pursuant to 63 O.S. Supp. 1986, § 2811, et seq., in the amount of five
percent (5%) of the tariff rate in the first year of the fee, and in the amount of three
percent (3%) of the tariff rate for the following two years. Such fee, as herein
provided, shall be imposed for a period of three years, after first collection of said fee;
after which the governing body of the City may renew the levy of such fee by
amendment hereto, for no longer than three (3) years at a time. Amounts collected in
excess of that necessary for operation within a given year shall be carried forward to
subsequent years. No such fee shall be imposed upon more than one hundred
exchange access lines or its equivalent per persons per location. (Extended additional
3 years from 7/18/91, by Ord. #749, passed 6/17/91. Extended additional 3 years from
6/17/94, by Ord. #836) Five percent (5%) tariff rate reenacted 6/6/94, Ord. #836,
effective 60 days from publication of Ord. #836, again extended by Ord. #935 enacted
9/22/97 for a period of three years, again extended by Ord. #1008 enacted 10/16/00 for
a period of three years, again established by Ord. #1075 enacted 11/3/03 for a period
of three years, again extended for a period of up to three years by Ord. #1172, enacted
Aug. 21, 2006, again extended by Ord. #1259 enacted Aug 17, 2009 for a period of
three years) to remain until Council determines sufficient funds have been collected to
purchase ancillary communications equipment for the 911 program at which time the
fee shall revert to three percent (3%) of the tariff rate.
(B)
At least once each calendar year after first collection of said fee, Paragraph A hereof
notwithstanding, the governing body of the City shall establish a fee rate, by
amendment hereof, if necessary, not to exceed an amount authorized by the Oklahoma
Nine-One-One Emergency Number Act. The rate so fixed, together with any surplus
revenues, shall not exceed sufficient revenues to fund authorized expenditures for
operation of the emergency telephone service. The governing body shall make its
determination of the fee rate each year after the first collection of said tax no later than
September 1 and fix the new rate, if any, to take effect commencing with the first
billing period of each service user on or following the next January 1.
(C)
The governing body of the City shall, at least ninety (90) days before any new rate
shall become effective, notify each local exchange telephone company providing
emergency telephone service to areas within the jurisdiction of the City of Jenks of the
new rates by certified mail.
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§7-11-3. Collection of Fee.
(A)
The emergency telephone fee shall be collected monthly by a local exchange
telephone company at the same time charges for exchange telephone services are
collected and in accordance with the regular billing practices of said company.
However, collection of the emergency telephone fee shall not begin prior to the City
contracting with the local exchange telephone company for emergency telephone
service acceptable to the governing body of the City. In the event any service user
tenders a payment in an amount insufficient to satisfy all charges for tariff rates, credit
shall be given first to the emergency telephone fee in the same amount as other
telephone taxes and fees.
(B)
All fees collected by a local exchange telephone company pursuant to this Chapter be
remitted to the City, together with any accumulated interest, not later than thirty (30)
days after the close of the month in which the fees were collected. Such remittance
shall be submitted with a return on a form acceptable to the City and the local
exchange telephone company.
(C)
The local exchange telephone company shall maintain a complete and accurate set of
records on the amount of any fees collected. Such records shall be maintained for a
period of one (1) year from the end of any fiscal year in which the fee was collected.
The City may, at its own expense, require an annual audit of such records.
§7-11-4. Administration of Emergency Telephone Service.
(A)
Nine-one-one Emergency Telephone services of the City of Jenks be under the
administration of the Jenks Police Department. The Police Department is hereby
authorized, empowered and charged with the duty to maintain, operate and administer
the emergency telephone service and to coordinate with the operational requirements
of the Tulsa Emergency Telephone Service Management Board.
§7-11-5. Participation on Emergency Service Management Board.
(A)
The City of Jenks, through its City Manager, shall designate a representative to serve
on the Emergency Service Management Board, or similar entity created by other local
authorities when requested and instructed to do so.
§7-11-6. Termination of Fee.
(A)
The emergency telephone fee imposed by this Article shall terminate no later than
three years after first collection of said fee, unless renewed, in accordance with the
provisions of the Oklahoma Nine-One-One Emergency Number Act.
§7-11-7. Failure to Remit Fee.
(A)
Any service user willfully failing or refusing to remit or pay any emergency telephone
fee or portion thereof rightfully due under this Article shall be guilty of an offense and
upon conviction shall be punished by a fine not to exceed One Hundred Dollars
($100.00) excluding costs. Each separate failure or refusal to remit or pay the
emergency telephone fee hereof shall be deemed a separate offense and shall be
punished accordingly.
§7-11-8. False Alarm, Complaint or Information. Penalty.
(A)
No person shall call the number nine-nine-one (911) for the purpose of making a
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knowingly false alarm or complaint or reporting knowingly false information which
could result in the dispatch of emergency services from any public agency. Any
person violating the provisions of this section, upon conviction, shall be guilty of a
misdemeanor punishable by a fine of not to exceed one hundred dollars ($100.00) and
by an assessment for the resulting costs of any dispatching of emergency personnel
and equipment for each such offense. (Amended 6/17/91, Ord. #749)
§7-11-9. Use of Nine-One-One Number for Non-Emergency Purposes.
(A)
Any person who owns a telephone or who is charged line or rent charges from the
telephone utility, who uses the nine-one-one number for non-emergency calls or who
allows minor children to use the nine-one-one number for non-emergency purposes
shall be notified by certified mail, restricted delivery, after the third such infraction.
(Amended 6/17/91, Ord. #749)
§7-11-10. Operative Date.
(A)
The fee to be levied herein shall become operative as soon as necessary to raise the
funding for implementation of the system and in accordance with the requirements of
63 0. S. §2811 et seq. and any amendments thereto. (Amended Ord. 688, July 18,
1988)
§ 7-11-11. Voice over Internet Protocol (VoIP)
(A)
The purpose of this section is to acknowledge the technological advent of Voice over
Internet Protocol (VoIP) and its ability to make Emergency 9-1-1 calls and receive
emergency dispatch services.
(B)
VoIP carrier means an entity that offers a dial tone telephone service to a customer
under authority of the Federal Communications Commission and which is
required to collect a fee for funding of emergency telephone service.
(C)
The City of Jenks hereby adopts and imposes a fee upon VoIP customers whose
business or residence is located within the City at the rate of $.50 per telephone line
in accordance with state law. All VoIP carriers having customers within the City
shall provide an annual census of customers to the City no later than sixty (60) days
after the initial receipt of notice from the City and thereafter no later than sixty (60)
days after the first day of each calendar year.
(D)
The proceeds of the fee shall be utilized to pay for the equipment and operation of
emergency telephone and dispatch service.
(E)
The VoIP emergency telephone fee shall be imposed only as permitted by State law.
(F)
Every billed service user shall be liable for any fee imposed pursuant to this section until it
has been paid to the VoIP service provider.
(G)
Fees imposed pursuant to this section that are required to be collected by the VoIP
provider of dial tone shall be added to and may be separately stated in the
billings to the service user.
(H)
Any fee imposed pursuant to this section shall be collected insofar as practicable at
the same time as, and along with, the charges for any other service provided by the
VoIP service provider.
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(I)
The fee imposed by this section and the amounts required to be collected are
due monthly. The fee collected in one month shall be remitted to the City
Treasurer no later than thirty (30) days after the close of each month in which
said fees were collected. On or before the last day of each month, a return for
the preceding month shall be filed with the City Treasurer in such form as the
City Treasurer shall require.
(J)
From every remittance to the City Treasurer made on or before the date when
the same becomes due, the VoIP service provider shall be entitled to deduct and
retain, as an administrative fee, an amount not exceeding three percent (3%)
thereof.
(Enacted June 16, 2008, Ord. No. 1228)
Article 12. Jenks New Home Rebate Program
§7-12-1. Purpose.
(A)
To stimulate new home construction within existing platted subdivisions, a rebate of a
portion of the assessed building permit fees shall be made to the first owners of new
homes constructed in existing platted subdivisions within the City of Jenks.
§ 7-12-2. Amount of Rebate.
(A)
The rebate of a portion of the building permit fees shall be $200.00 from the
Residential Development Fee and $300.00 from the Waste Water Treatment
Development Charge, which fees have actually been previously paid, up to a total
maximum rebate of $500.00. (Amended Ord. #770, Jan.20, 1992)
§ 7-12-3. Qualifications for Rebate.
(A)
The rebate above provided for shall only be paid under the following conditions:
(1)
Such rebate shall only be to the first owner of a newly constructed home
within a subdivision whose plat has been approved by the City of Jenks prior
to May 1, 1996. (Amended Ord. #882, Jan. 15, 1996).
(2)
The rebate shall only be for new homes constructed and purchased after May
21, 1990 within a subdivision whose plat was approved by the City of Jenks
prior to May 1, 1996. (Amended Ord. #882, Jan. 15, 1996) (Amended Ord.
#929, July 7, 1997).
(3)
The applicant for a rebate shall make written application on a form provided
by the City Treasurer and shall be accompanied by any documentation
requested that would evidence that the applicant would qualify for homestead
exemption.
(4)
If the application is approved by the City Treasurer and countersigned by the
City Manager, the City shall process the payment payable in the same name as
the title to the property is held.
(5)
Application for the rebate must be made within six months of the issuance of a
certificate of occupancy unless extended by the City Manager upon evidence
of vacancy.
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(6)
The rebate provided for herein shall not be paid to owners of newly
constructed homes in platted subdivisions in which the water and/or sewer
service are provided by a municipality other than the City of Jenks. (Added
Ord. #898, July 15, 1996).
§7-12-4. Funding of Rebate Program.
(A)
Funding for the rebate program shall come from a rebate of $200.00 from the
Residential Development Recreation Fee assessed under § 15-4-2 of the Jenks City
Code and the sum of $300.00 from the Waste Water Treatment Development charge
assessed under § 18-7-1. Such sums shall be collected by the City at the time the
various building permit fees are paid and shall be segregated from the other building
permit fees and placed in a special New Home Rebate Fund account.
(B)
At the expiration of the New Home Rebate Program, or any extensions thereof, any
funds remaining in the designated account after payment of rebates shall then be
transferred at the rate of 40% to the Residential Development Recreation Fee Fund
and 60% to the Waste Water Treatment Development Fund. (Enacted Ord. #724, May
21, 1990).
Article 13. Monitoring of Alarm Systems.
§7-13-1. Service Offered.
(A)
The City of Jenks may offer the service of providing direct access for private
individuals and entities of their burglar alarm systems with the City of Jenks in order
that the alarm may alert City personnel that a response is requested.
(B)
That an applicant for such service shall provide requested information to the Jenks
Police Department in relation to the alarm system, location, type of activity conducted
or any other information deemed necessary in allowing the City to respond to such
alarms.
(C)
That such monitored alarm equipment and installation shall conform to the Jenks
Police Department's monitoring devices and standards at the applicant's expense.
§ 7-13-2. Fee for Service; False Alarms.
(A)
That a connection fee of $15.00 shall be charged for each location and alarm sought to
be monitored. In addition, a fee of $10.00 per month shall be charged for such
monitoring service. A fee of $15.00 shall be charged for the disconnect of such
service.
(B)
That no additional charge will be made for a false alarm, unless more than one false
alarm occurs within a calendar month period, in which event a response fee of $100.00
shall be charged for each additional false alarm.
(C)
In the event of four (4) or more false alarms in any successive three (3) calendar
month period, the service may be disconnected by the City. Such service shall not be
reconnected until all fees previously incurred as well as a new connect fee have been
paid in full.
(D)
In the event the fees assessed herein are not paid in full within fifteen (15) days of
notice of the charges, then the fees may be placed upon the subscriber s water bill to
be collected in like fashion as charges for water service.
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§7-13-3. Limitation of Claims.
(A)
Any subscriber for such service shall acknowledge that it is the subscriber's
responsibility to ascertain that its alarm system is properly functioning and connected
with the City's monitoring system. Such subscriber shall further release the City of
Jenks of any claims in relation to the failure of the system to be monitored or the
timing of a response to an alarm signal or the lack thereof.
(B)
By prior arrangement with the Jenks Police Department, a subscriber will be allowed
to test its system once in any thirty (30) day period without charge. Additional tests of
the system by prior arrangement shall be billed at $5.00 per test. (Enacted Ord. #762,
Sept. 16, 1991)
Article 14. Fee Schedules for Certain Services.
§7-14-1. City Clerk to Establish Fees for Certain Services.
(A)
The City Clerk is hereby authorized to develop charges for certain City services based
upon the direct cost of the services provided by the City or its related entities
(including but not limited to labor, materials, supplies, and equipment costs) plus not
less than a fifteen percent (15%) administrative indirect cost subject to the review and
approval of the City Manager and where the same is not elsewhere provided for or
prohibited by other provisions of law.
(B)
The City Manager shall report such established fees or formula for the calculation of
such fees to the City Council before the effective date of such fees. (Enacted 7/6/93,
Ord. #807)
Article 15. Accommodations.
§7-15-1. Definitions.
(A)
Person. An individual, partnership, society, association, joint stock company,
corporation, estate, receiver, trustee, assignee, referee, or any other person acting in a
fiduciary or representative capacity, whether appointed by a court or otherwise, or any
combination of the above acting as a unit.
(B)
Operator. Any person operating a room or space for overnight lodging or sleeping
unless excluded in this City, including but not limited to, the owner, proprietor, lessee,
sub-lessee, mortgagee in possession, licensee, or any other person otherwise operating
such room or space.
(C)
Occupant. A person, who for a consideration, uses, possesses, or has the right to the
use or possession of any room(s) or space(s) for overnight lodging or sleeping under
any lease, concession, permit, right of access, license to use, or other agreement, or
otherwise, unless excluded herein.
(D)
Occupancy. The use or possession, or the right to the use or possession of any room
or space for overnight lodging or sleeping unless excluded.
(E)
Accommodations. Any building or buildings, trailer, other facility, or space unless
otherwise excluded, in which the public may, for consideration, obtain sleeping
accommodations. The term shall include hotels, apartment hotels, motels, tourist
homes, houses or court, lodging houses, inns, bed and breakfast, rooming houses,
trailer houses, trailer motels, recreation vehicle spaces, dormitory space where bed
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space is rented to individuals or groups, apartments not occupied by "permanent
residents", as that term is hereinafter defined, and all other facilities where rooms or
sleeping facilities or spaces are furnished for a consideration. As defined herein,
"accommodations" shall not include hospitals, sanitariums or nursing homes, or
individual accommodations as a part of a single family residence.
(F)
Rent. The consideration received for occupancy valued in money, whether received in
money or otherwise, including all receipts, cash, credit cards, debit cards, credits, and
property or services of any kind or nature, and also any amount for which credit is.
allowed by the operator to the occupant, without any deduction there from whatsoever.
(G)
Permanent Resident. Any occupant who has or shall have the right of occupancy of
any room or space in the same location for at least thirty (30) consecutive days during
the current calendar year or preceding year.
(H)
Return. Includes any return filed or required to be filed as herein provided.
(I)
City Manager. The City Manager of the City of Jenks, Oklahoma or designated
representative.
(J)
City Treasurer. The City Treasurer of the City of Jenks, Oklahoma or designated
representative.
§7-15-2. Imposition of Tax- Exemptions.
(A)
There is hereby levied an excise tax of five percent (5%) upon the gross proceeds or
gross receipts derived from the rent from every occupancy of a room or spaces of
accommodations as defined herein in this City.
(B)
No tax shall be imposed hereunder upon the United States insofar as it is immune
from taxation, the State of Oklahoma, or any municipality, or other political
subdivision of the State.
(C)
The tax to be collected shall be stated and charged separately from the rent and shown
separately on any record thereof at the time when occupancy is arranged or contracted
for, and charged for, and upon every evidence of occupancy or any bill or statement or
charge made for said occupancy issued or delivered by the operator. The tax shall be
paid by the occupant to the operator as trustee for and on account of the City, and the
operator shall be liable for the collection thereof and for the tax. The operator and any
officer of any corporate operator shall be personally liable for the tax collected or
required to be collected under this title, and the operator shall have the same right in
respect to collecting the tax from the occupant or in respect to non-payment of the tax
by the occupant as if the tax were a part of the rent for the occupancy payable at the
time such tax shall become due and owing, including all rights of eviction,
dispossession, repossession and enforcement of any innkeeper's lien that he may have
in the event of nonpayment of rent by the occupant.
(D)
Such taxes, penalty, and interest due hereunder shall at all times constitute a prior,
superior, and paramount claim as against the claim of unsecured creditors and may be
collected by suit as any other debt.
(E)
here the occupant has failed to pay, and the operator has failed to collect a tax as
imposed by this article, then in addition to all other rights, obligations and remedies
provided, such tax shall by payable by the occupant directly to the City Treasurer and
it shall be the duty of the occupant to file a return thereof with the City Treasurer and
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to pay the tax imposed thereon to the City Treasurer within fifteen (15) days after such
tax was due.
(F)
The City Manager may, whenever he deems it necessity for the proper enforcement of
this article, provide by regulation that the occupant shall file returns and pay directly
to the City Treasurer the tax herein imposed, at such times as returns are required to be
filed and payment over made by the operator.
(G)
The tax imposed by this Section shall be paid upon any occupancy on or after May 6,
1993, although such occupancy is had pursuant to a contract, lease, or other
arrangement made prior to May 6, 1993. Where rent is paid or charged or billed, or
fans due on either weekly or other term basis, the rent so paid, charged, billed, or
falling due, shall be subject to the tax herein imposed to the extent that it covers any
portion of the period after May 6, 1993, and such payment, bill, charge or rent due
shall be apportioned on the basis of the ratio of the number of days falling within said
portion to the total number of days covered thereby. Where any tax has been paid
hereunder upon any rent which has been ascertained to be worthless, the City Manager
may, by regulation, provide for credit or refund of the amount of such tax upon
application therefore as provided herein.
(H)
For the purpose of proper administration of this title, and to prevent evasion of the tax
hereby imposed, it shall be presumed that all rentals are subject to tax until the
contrary is established and the burden of providing that a rent for occupancy is not
taxable hereunder shall be upon the operator or occupant.
(I)
No operator shall advertise or hold out to the public in any manner directly or
indirectly, that the tax imposed by this article is not considered as an element in the
rent charged to the occupant.
§7-15-3. Records to Be Kept.
(A)
Every operator shall keep records of every occupancy and of all rent paid, charged, or
due thereon and of the tax payable thereon in such, form as the City Manager may by
regulation require. Such records shall be available for inspection and examination at
any time upon demand by the City Manager, or a duly authorized agent or employee
of the City, and shall be preserved for a period of three (3) years.
§7-15-4. Returns.
(A)
Every operator on or before the last day of each month shall file with the City
Treasurer a return of occupancy and of rents and of the taxes payable thereon for the
preceding calendar month. The date of filing shall be the date of delivery to the City
Treasurer.
(B)
The City Manager may permit or require returns to be made by shorter or longer
periods and upon such dates as he may specify. The form of return shall be prescribed
by the City Manager and shall contain such information as he may deem necessary for
the proper administration of this Article. The City Manager may require amended
returns to be filed within twenty (20) days after notice and to contain the information
specified in the notice.
(C)
If a return required by this Article is not filed or if a return when flied is incorrect or
insufficient on its face, the City Manager shall take the necessary steps to enforce the
filing of a return or an amended return.
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§7-15-5. Payment of Tax.
(A)
At the time of filing a return of occupancy and of rents, each operator shall pay to the
City Treasurer the taxes imposed upon the rents included in such return, as well as all
other moneys collected by the operator acting or purporting to act under the provisions
of this Article. All taxes for the period for which a return is required shall be due and
payable on or before the date fixed for the filing of the return for such period without
regard to whether a return is filed or whether the return correctly filed shows the
amounts of rents and taxes due. If any operator has twice failed to pay taxes on or
before the date fixed for payment of said taxes or if any operator refuses to pay the
taxes or if the City Manager has reasonable grounds for belief that any operator is
about to cease business or leave the state or remove or dissipate assets, or if for any
similar reason he deems it necessary to protect revenues due hereunder, he may
require an operator to file with the City either a performance and payment bond, as
detailed herein or in lieu of this bond either an escrow account or an irrevocable letter
of credit as detailed herein. Should the operator not submit either a performance and
payment bond, an escrow account, or an irrevocable letter of credit within fifteen (15)
days of notice to do so, the City Manager may request a hearing to suspend the license
pursuant to Jenks City. Code or regulations. The performance bond, escrow account,
or irrevocable letter of credit shall be provided as follows:
(1)
A performance and payment bond in a form acceptable to the City, naming the
operator as obligee thereof, executed by a surety acceptable to the City and
authorized to do business in the State of Oklahoma, in a sum equal to the
citywide average daily room rental rate, to be ascertained by the City
Treasurer, times the number of rooms available for rent within the
accommodations multiplied by a factor of thirty (30), times five percent (5%).
(2)
An escrow account in a form acceptable to the City, executed by the operator
and a federally insured financial institution acceptable to the City providing
for the escrow of a sum equal to the city-wide average daily room rental rate,
to be ascertained by the City Treasurer, times the number of rooms available
for rent within the accommodations multiplied by a factor of thirty (30), times
five percent (5%).
(3)
An irrevocable letter of credit in a form acceptable to the City and in favor of
the City, in a sum equal to the city-wide average daily room rental rate, to be
ascertained by the City Treasurer, times the number of rooms available for
rent within the accommodations multiplied by a factor of thirty (30), times
five percent (5%).
§7-15-6. Assessment and Determination of Tax.
(A)
If a return required by this ordinance is not filed, or if a return when filed is incorrect
or insufficient, the amount of tax due shall be assessed by the City Treasurer from
such information as may be obtainable and, if necessary, the tax may be estimated on
the basis of external indices, such as number of rooms, location, scale of rents,
comparable rents, types of accommodations and services, number of employees, or
other factors. Written notice of such assessments shall be given to the person liable for
the collection and payment of the tax. Such assessment shall finally and irrevocably
fix and determine the tax unless the person against whom it is assessed, within ten (10)
days after the giving of notice of such assessment, shall apply in writing to the City
Council of the City of Jenks, for a hearing, or unless the City Treasurer on his/her own
motion shall reassess the same. After such hearing, the City Council of the City of
Jenks shall give written notice of its determination to the person against whom the tax
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is assessed. If the taxes and interest due are not paid within ten (10) days of
assessment or reassessment by the City Treasurer or determination by the City
Council, in addition to the taxes and interest, the operator shall pay a penalty equal to
ten percent (10%) of the taxes due.
§7-15-7. Refunds.
(A)
In the manner provided in this Section, the City Treasurer shall refund or credit any
tax erroneously, illegally or unconstitutionally collected if written application to the
City Manager for such refund shall be made within ninety (90) days from the date of
payment thereof. For like causes, and in the same period, a refund may be so made
upon the initiative and the order of the City Manager. Whenever a refund is made, the
reasons therefor shall be stated in writing. Such application may be made by the
person upon whom such tax was imposed and who has actually paid the tax Such
application may also be made by the person who collected and paid such tax to the
City Manager providing that the application is made within ninety (90) days of the
payment by the occupant to the operator, but no refund of money shall be made to the
operator until he shall first establish to the satisfaction of the City Manager, under
such regulations as the City Manager may prescribe, that he has repaid to, the
occupant the amount for which the application for refund is made. The City Manager,
in lieu of any refund required to be made, may allow credit therefore on payments due
from the applicant.
(B)
An application for refund or credit made, as herein provided, shall be deemed an
application for a revision of any tax, penalty, or interest complained of and the City
Manager may receive evidence with respect thereto. After making his determination,
the City Manager shall give notice thereof to the applicant. Such determination shall
be final unless the applicant, within ten (10) days after such notice of determination,
shall apply in writing to the City Council for a hearing. After such hearing, the City
Council shall give written notice of the determination to the applicant.
(C)
A person shall not be entitled to a revision, refund, or credit of a tax under this Section
where he has had a hearing or an opportunity for a hearing as provided in this
Ordinance, and has failed to avail himself of the remedies therein provided.
§7-15-8. Notices.
(A)
Notices provided for under this ordinance shall be deemed to have been given when
such notice has been delivered personally to the operator or deposited in the United
States Mail to the last known address of the operator.
§7-15-9. Remedies Exclusive.
(A)
The remedies provided by Sections 7-15-6 and 7-15-7 of this article shall be exclusive
remedies available to any person for the review of tax liability imposed by this article.
§7-15-10. Proceedings to Recover Tax.
(A)
Whenever any operator or any occupant, or other person fails to collect and/or pay
over any tax, or to owe any tax, penalty or interest imposed by this ordinances herein
provided, the City Council may authorize the City Manager to file Notice of Liens on
behalf of the City of Jenks against the real estate upon which the accommodations is
located and/or against all franchises, property and rights to property, whether real or
personal, then belonging to or thereafter acquired by the person owing the tax pursuant
to Title 68 O.S. 1981 § 2701 and 2704.
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(B)
The said liens shall attach, upon proper filing, to the real estate and/or personal
property then owned or thereafter acquired by the debtor, whether such property is
used by the debtor in the operation of business, or is under the authority of an
assignee, trustee, or receiver for the benefit of creditors, from the date said taxes are
due and payable as allowed by Title 68 0.5. 1981 § 2704.
(C)
The City Manager shall notify the person owing the tax by personal service or by
certified mail that the City of Jenks will file such liens if any delinquent lodging taxes,
interest and/or penalties are not paid within fifteen (15) days of receiving said notice.
(D)
The City Council may also authorize the City Attorney to institute an action in
personam and/in rem to enforce payment and collect any delinquent lodging taxes,
penalties, and/or interest.
(E)
In addition to all civil penalties provided by this article, the willful failure or refusal of
any operator, occupant, or other person to make reports and/or remittances as herein
required or the making of any false or fraudulent report for the purpose of avoiding or
escaping payment of any tax or portion thereof rightfully due under this article shall be
an offense and upon conviction thereof the offending operator, occupant or other
person shall be punished by a fine of not more than one hundred dollars ($100.00) and
costs, with each such violation being a separate offense.
§7-15-11. General Powers of the City Manager.
(A)
In addition to all other powers granted to the City Manager, he is hereby authorized
and empowered:
(1)
To make, adopt and amend rules and regulations appropriate to the carrying
out of this article for the purposes thereof;
(2)
To extend for cause shown the time for filing any return for a period not
exceeding sixty (60) days; and for cause shown, to waive, remit, or reduce
penalties or interest;
(3)
To delegate his functions hereunder to a Deputy or other employee or
employees of the City;
(4)
To assess, reassess, determine, revise and readjust the taxes imposed by this
article;
(5)
To prescribe methods for determining the taxable and non-taxable rents.
§7-15-12. Administration of Oaths and Compelling Testimony.
(A)
The City Manager, or employees or agents of the City, duly designated and authorized
by him, shall have the power to administer oaths and take affidavits in relation to any
matter or proceeding in the exercise of their powers and duties under this article. The
City Manager shall have the power to subpoena and require the attendance of
witnesses and the production of books, papers and documents to secure information
pertinent to the performance of his duties hereunder and of the enforcement of this
article and to examine them in relation thereto.
(B)
Any person who shall refuse to testify or to produce books or records or who shall
testify falsely in any material matter pending before the City Council shall be guilty of
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an offense punishable by a fine of not more than one hundred dollars ($100.00), plus
costs, with each violation being a separate offense.
§7-15-13. Licenses and Registration.
(A)
Every new operator shall file within three (3) days of engaging in the accommodations
business, an application for license and registration. The City Manager shall, within
five (5) days after such registration, issue, to each operator the certificate of authority
empowering such operator to collect the tax from the occupant. Such certificate of
authority shall be permanently displayed by the operator in such manner that it may be
seen by and come to the notice of all occupants and person seeking occupancy. Such
certificate shall be non-assignable and nontransferable and shall be surrendered
immediately to the City Manager upon the cessation of business as named, or upon its
sale or transfer.
§7-15-14. Discount-Delinquent Taxes.
(A)
At the time of filing the returns required under this article to the City Treasurer, the
operator shall remit therewith to the City Treasurer, except as thereinafter provided,
ninety-seven percent (97%) of the tax due under the provisions of this article provided
said tax is either delivered to the City Treasurer or the date of postmark by U.S. Postal
Service if transmitted by mail is on or before the 15th day of the month for the
preceding calendar month s return. In the event payment of any tax due is not made by
the 15th, the operator forfeits his claim to the three percent (3%) discount and must
remit to the City Treasurer one hundred percent (100%) of the taxes due. If the filing
of the return and other remittance of the taxes due are received by the City Treasurer
after the last day of the month, the taxes are then delinquent and the operator shall pay,
in addition to one hundred percent (100%) of the taxes due, interest and penalties as
prescribed in Section 7-15-15 (A) of this article.
(B)
The discount granted by this section shall remunerate the operator for keeping tax
records, filing reports, and remitting the tax when due as required by this article.
§7-15-15. Interest and Penalties.
(A)
(B)
If an operator fails to file a return or remit the taxes due prior to the last day of the
month, in addition to one hundred percent (100%) of the taxes due, the operator shall
pay the following interest and penalties:
(1)
One and one-half percent (1 1-2%) interest per month on the total amount of
taxes due from the last day of the month to the date of filing;
(2)
In addition to the interest, a penalty of ten percent (10%) of the total amount
of the. taxes is due.
Any operator or occupant willfully failing to file a return required by this article, or
filing or causing to be filed, or making or causing to be made, or causing to be given
any return, certificate, affidavit, representation, information, testimony or statement
required or authorized by this article which is willfully false, and any operator
willfully failing to file a bond required to be filed pursuant to this article in connection
therewith, as the City Manager may by regulation or otherwise require, or to display or
surrender the certificate of authority as required by this article, or assign or transfer
such certificate of authority, and any operator willfully failing to charge separately
from the rent the tax herein imposed, or willfully failing to state such tax separately on
any evidence of occupancy and on any bill or statement or receipt of rent issued or
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employed by the operator, or willfully failing or refusing to collect tax from the
occupant, and any operator who shall willfully refer or cause reference to be made to
this tax in a form or manner other than that required by this article, and any operator
willfully failing to keep the records required by this article shall, in addition to the
penalty herein, or elsewhere prescribed, be guilty of an offense, punishment for which
shall be a fine of not more than one hundred dollars ($100.00), plus costs, with each
such violation being a separate offense.
(C)
The certificate of the City Treasurer to the effect that a tax has not been paid, that a
return, bond, or registration certificate has not been filed, or that information has not
been supplied pursuant to the provisions of this article, shall be presumptive evidence
thereof.
§7-15-16. Confidential Records.
(A)
The confidential and privileged nature of the records and files concerning the
administration of this tax is legislatively recognized and declared, and to protect the
same the provisions of Title 68, O.S. Supp. 1971, § 205, and each subsection thereof,
is hereby adopted by reference and made fully effective and applicable to
administration of this tax as if herein set forth in full.
§7-15-17. Amendments.
(A)
The people of the City of Jenks, Oklahoma, shall by their approval of this ordinance at
the election hereinafter provided, hereby authorize the City Council of the City of
Jenks, Oklahoma, by ordinance duly enacted to make such changes. or additions in the
method and manner of administration and enforcing of this ordinance as may be
necessary or proper for efficiency and fairness, except that the rate of the tax herein
provided shall not be changed without approval of the qualified electors of the City of
Jenks as herein provided.
§7-15-18. Provisions Cumulative.
(A)
The provisions hereof shall be cumulative, and in addition to any and all taxing
provisions of the city.
§7-15-19. Creation of Funds.
(A)
The first 12.5% of all taxes levied and collected pursuant to this chapter shall be
deposited in the General Fund of the City of Jenks and shall be available to pay
expenses-incurred by the City of Jenks in the enforcement of this chapter.
"Enforcement" as used in this chapter shall include expenses incurred in monitoring
the collection, expenditure and auditing of the accommodations tax.
(B)
There is hereby established a special fund to be known as the Economic Development
Fund of the City of Jenks. Eighty-seven and one-half percent (87.5%) of an taxes
levied and collected pursuant to this chapter shall be deposited in to the said fund. This
fund shall used and expended for Economic Development purposes subject to budget
review and approval by the City Council to carry out its duties and obligations for the
same. Provided, however, that actual disbursements shall be made only by warrants
drawn, approved and executed as required for other disbursements by the City.
§7-15-20. Effective Date.
(A)
This ordinance shall become effective 30 days after approval of ordinance by voters of
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the City of Jenks at election of April 6, 1993, subject to approval of a majority of the
registered voters of the City of Jenks, Oklahoma, voting on same in manner prescribed
by Title 11 0.S. Supp. 1980, § 16-101 and § 16-112.
§7-15-21. Perpetuation of Ordinance.
(A)
In the event the provisions of this article relating to the Economic Development Fund
shall be declared invalid by any Court of competent jurisdiction, the tax levied
pursuant to this article shall continue to be levied and collected for general revenue
purposes and it is specifically declared to be the intention of the City Council of the
City of Jenks that the said tax is to be levied and collected notwithstanding the
invalidity of any other section of this article.
§7-15-22. Citation and Certification.
This article shall be known and may be cited as "City of Jenks Accommodations Ordinance"
and shall be codified as Article 15 of Chapter 7 of the Jenks City Code. (Enacted 1/14/93, Ord.
#795, Approved by Jenks Voters 4/6/93).
Article 16. Pipeline Capacity Lease Permit
§7-16.1. Definitions.
(A)
City. Shall mean the City of Jenks, Oklahoma, a municipal corporation.
(B)
Consumer. Shall mean any individual person, corporation, company, partnership,
firm, unincorporated association, trust, or public corporation who uses or consumes
natural gas in the City.
(C)
Pipeline System. Shall mean a system of works, pipes, pipelines, apparatus,
machinery, structures, appliances and appurtenances reasonably necessary for the
transportation, distribution, or sale of natural gas.
(D)
Lease. Shall mean a lease, a transportation agreement or other agreement, whether for
compensation or not, to use or have access to part of the capacity of a Pipeline System
by a consumer or to transport or to have gas transported to a consumer through a
Pipeline System.
(E)
Permit. Shall mean the right, licenses, and privileges granted by the City of Jenks to a
consumer to use the public ways for a lease.
(F)
Permittee. Shall mean a consumer granted a permit under this Ordinance.
(G)
Public Ways. Shall mean any street, alley, avenue, boulevard, lane, park, parkway,
sidewalk, driveway, utility easement, right of way, and any other public ways, places,
areas or grounds within the corporate limits of the City of Jenks as now constituted or
may be added hereafter.
§7-16-2. Permit Required.
(A)
No consumer shall receive or deliver gas within the City pursuant to a lease of any
Pipeline System installed in the public ways, unless the consumer shall hold a valid
permit from the City. Such permit shall be issued for the purpose of granting the
Permittee authority to use the public ways.
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§7-16-3. Fee.
In consideration of the issuance of a Permit by the City, a Permittee shall pay to the City a fee
for the use of the public ways as follows:
(A)
An amount equal to three percent (3%) of the purchase price of gas transported and
received or delivered within the City under the Lease; plus,
(B)
For all Permittees not otherwise exempt from the payment of municipal sales taxes, an
amount equal to three percent of the purchase price of the gas transported and received
or delivered within the City under the Lease.
§7-16-4. Permit Requirements.
Any Permit issued shall, to the extent applicable , contain the following material terms:
(A)
the Permittee shall pay the fee set forth in 7-16-3 to either the City or its designated
agent on a monthly bases, as directed by the City, unless the Permittee has pre-paid a
mutually agreed upon sum for a fixed period of time;
(B)
the Permittee shall subordinate its Lease to the right of the City to construct, operate
and maintain facilities in the Public Ways;
(C)
the Permittee shall grant to the City the right to audit reasonable times the books and
records of the Permittee to verify the correct payment of the fee set forth in 7-16-3;
and,
(D) the Permittee shall assume conjointly with the franchise holder or other party allowed
use of the Public Ways for pipeline installation the indemnification terms of the
franchise or other agreement insofar as the terms apply to the Lease. (Amended Ord.
#1064, April 7, 2003)
§7-16-5. Revocations and Penalties.
(A)
A permit shall be revocable by the Jenks City Council upon a ten (10) day prior
written notice to Permittee in the event the Permittee is more than thirty (30) days
delinquent in the payment of fees due herein or in the event of the Permittee's failure
upon request to allow the City to audit its books and records in accordance with 7-164 to determine the correct payment due the City under the provision of 7-16-3 above.
(B)
Any violation of this ordinance shall be an offense. Any Consumer adjudged guilty of
violating this Ordinance shall be punished by a fine of two hundred dollars ($200.00),
plus costs, for each offense; and each day of a continuing violation shall be deemed a
separate offense. (Amended Ord. #1064, April 7, 2003)
Article 17. "Permit for Bundled Telecommunications and Cable Services".
§7-17-1. Permit.
(A)
Any company who has been issued a Certificate of Convenience by the Oklahoma
Corporation Commission to provide telephone services in the State of Oklahoma that
desires to provide cable television service within the corporate limits of the City of
Jenks may obtain a permit in lieu of a franchise as authorized by 11 Okla. Stat. 11 §
22-107.1 for the same upon the terms and conditions hereinafter set forth.
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(B)
The Grantee of such a permit shall have the non-exclusive right to construct, operate
and maintain, a system for the delivery of telephone and cable television services in,
upon and or under the public ways within Jenks. Public way is hereby defined to mean
any street, alley, avenue, boulevard, lane, park, parkway, sidewalk, utility easement,
right of way, and all other grounds within the corporate limits of the City of Jenks,
Oklahoma, owned or held in trust for said City, as now constituted or as may be added
hereafter.
(C)
If Grantee shall at any time sell or assign its rights and privileges under the Ordinance
to any other person, firm, or corporation, the assignment shall be in writing and a duly
executed copy of same shall be filed with the City Clerk. Such assignment shall not
become effective until the assignee shall have agreed in writing with the City to
become responsible for the full performance of all the conditions, liabilities, covenants
and obligations contained in the Ordinance, and until such time as the assignment shall
have been approved by the City.
(D)
The System of the Grantee shall at all times be installed, operated and maintained in
accordance with all laws, rules, regulations and ordinances of the United States of
America, the State of Oklahoma, and the City of Jenks.
(E)
All applications for permit under this chapter shall be made upon forms approved by
the Jenks Public Works Director.
(F)
All applications for grants of authority under this Ordinance shall be filed with the
Jenks Public Works Director along with a non-refundable fee of One hundred Fifty
Dollars ($150.00). Upon approval of said application the City Clerk shall issue the
permit required for use of the Public Ways for the combined provision of telephone
and cable services.
(G)
The permit holder is not required to install facilities unless specifically required by the
Oklahoma Corporation Commission for Telecommunications Carriers or is required
by the Federal Communications Commission for Telecommunications Carriers who
operate an Open Video System.
§7-17-2. Use and Repair of the Public Ways.
(A)
Grantee's system shall be installed, operated and maintained in such a manner as will,
consistent with reasonable necessity, least interfere with other public uses of the
public ways, and in accordance with plans and specifications submitted to and
approved by the Jenks Public Works Director. No construction shall commence until
such plans and specifications have been approved by the Jenks Public Works Director.
(B)
Except in cases of emergency, Grantee shall give at least forty-eight (48) hours notice
of its intent to excavate or disturb the surface of any public way to the Jenks Public
Works Director. In addition, Grantee shall call for locates of other utility providers'
installations prior to commencing construction. Damages to such other utilities shall
be the sole responsibility of Grantee. After such excavation or disturbance, the
Grantee shall, with due diligence and dispatch, place the public ways in a condition in
compliance with City's reasonable standards and specifications. Grantee shall notify
City the next business day of any emergency work undertaken.
(C)
Upon Grantee's failure to commence or complete any construction, maintenance or
restoration work required by this chapter with due diligence and dispatch, the City
may cause such work to be done after written notice to Grantee, given so as to afford
Grantee an opportunity to commence and complete such work within such time as
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designated in the said notice. The cost of such construction, maintenance or restoration
incurred by City upon Grantee's failure shall then be charged and collected from the
Grantee. Said cost shall be paid within thirty (30) days of notice to the Grantee, or all
rights and privileges given Grantee by this Ordinance shall be revoked.
(D)
City reserves the right to make and enforce reasonable regulations concerning the
construction, operation and maintenance of Grantee's System located along, across,
over, or under the public ways and to reasonably designate where the System shall be
placed.
(E)
Grantee shall keep and maintain at is principal offices a complete and accurate set of
maps, construction drawings and specifications describing the exact location of its
system within the public ways. Grantee shall also keep a complete and accurate set of
such maps, drawings and specifications on file with the Jenks Public Works Director's
Office.
§7-17-3. Minimum Specifications.
Grantee shall conform to the following minimum specifications:
(A)
The Depth of conduit, measured from the top of the conduit to the surface of ground
shall be a minimum depth in soil of 41 inches and at a ditch crossing, a minimum
depth of 60 inches.
(B)
Within the street right-of-way, with the exception of road crossings and driveways, a 4
inch PVC conduit, with 2 innerducts, encased with a 4 inch cap of concrete shall be
used and a 3/4 " inch fiber cable shall then be pulled through the conduit in place,
unless otherwise approved by the Jenks City Engineer.
(C)
Under all road crossings and driveways a 4 inch, black steel pipe will be installed by
jacking or boring, maintaining a depth of 48 inches below the surface of the road.
(D)
Trenching shall be promptly backfilled with earth and tamped with a mechanical
tamper at 6 inch lifts, so that the earth is restored to original grade to assure no hazard
to vehicular, animal or pedestrian traffic. Any future settling shall be remedied by
Grantee within fifteen (15) days of notice from the Jenks City Engineer. All open
trenches will be properly guarded or barricaded to prevent damage or injury.
(E)
All cable, where practical, shall be located to cross roadbed at approximately right
angles thereto. No cable shall be placed in any culvert or within 5 feet of the closest
point of same.
(F)
In areas of potential erosion, grass sod shall be used as the method of erosion control.
(G)
Operations along roadways, walkways, and sidewalks shall be kept clear of excavated
material or other obstructions at all times. Barricades, warning signs and lights, and
flatmen when necessary shall be provided by the contractor of Grantee. One half of
the traveled portion of the road must be open at all times.
(H)
Damage to banks, ditches, roads, fences, lawns, shrubbery, drives and any other
property caused from the equipment and installation of the system shall be
immediately repaired to the satisfaction of the public authorities having jurisdiction
over the right-of-way involved, at the cost of the Grantee.
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§7-17-4. Duty to Move or Alter Lines
(A)
City reserves the right to lay or permit to be laid cables, electric conduits, water,
sewer, gas or other pipelines and to do or permit to be done any underground work
deemed necessary and proper by the City, along, across, over or under the public
ways. In permitting such work to be done the City shall not be liable to the Grantee for
any damages occasioned nor shall the City in doing such work be liable to the Grantee
for any damages.
(B)
Whenever by reason of establishing a grade or changes in the grade of any street or in
the location or manner of construction of any public way, cables, electric conduits,
water, sewer, gas or other underground structures, it shall be deemed by necessary the
City to alter, change, adapt or conform, or relocate the System of the Grantee, such
alterations or changes shall be made within a reasonable time by the Grantee, as
ordered in writing by the City, without claim for reimbursement or compensation for
damages against City, or its franchise holders. Grantee shall not be entitled to
compensation for damages of any nature occasioned by City's use of the public way
for any purpose.
§7-17-5. Indemnification of Grantor.
(A)
The Grantee shall indemnify, become responsible for and forever save harmless the
City from any and all damages, judgments, reasonable costs and expenses, including
attorney fees, which the City may suffer or incur, or which may be legally obtained
against the City, for or by reason of the negligent use, repair, or occupation of any
public way within the corporate limits of the City of Jenks by the Grantee pursuant to
the terms of this Ordinance or resulting from the negligent exercise of the Grantee of
any of its privileges or by reason of its carrying on its business in said City; provided
however, that in the event of such claim or claims being prosecuted against the City,
the Grantee shall have the right to defend against the same, and to settle or discharge
in such manner as it may see fit, and the City shall give prompt written notice to the
Grantee of the presentation or prosecution of such claims.
§7-17-6. Fee.
(A)
In consideration for the rights and privileges granted by this Ordinance and for the
inspection of Grantee's system, Grantee agrees to pay City a sum equal to two percent
(2%) of its charges to its customers within the corporate limits of the City of Jenks for
telephone service and five percent (5%) for cable service. Such fee shall be paid on a
monthly basis and shall be due and payable within thirty (30) days after each monthly
billing cycle.
§7-17-7. Duration.
(A)
The rights granted by the City to the Grantee under this ordinance shall continue and
remain in full force and effect for a period of 25 years unless earlier revoked by the
City. The City shall have the right at any time, upon notice to the Grantee, to revoke
any and all rights hereunder in the event Grantee has failed to comply with the
provisions herein within thirty (30) days notice from the City to cure a default. Such
notice shall be in writing and shall be given to the Grantee at its principal offices by
certified mail. Grantee shall notify the City Clerk of any change of address of its
principal offices. Upon revocation, Grantee shall remove its System from the public
ways of the City. Such removal shall be done in a manner that will least interfere with
other uses of the public ways and shall be completed within sixty (60) days of the
notice to remove.
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§7-17-8. Priorities.
(A)
The rights and privileges granted to Grantee by this Ordinance are deemed to be
inferior to those of any franchise holder of the City. As such, Grantee's use of the
public way shall be subject to the needs of any franchise holder to use the public way.
§7-17-10. Severability.
(A)
If any section, clause or phrase of this Ordinance or any part thereof is for any reason
found to be invalid by a Court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance or any part thereof. (Ord.
#1120, March 21, 2005).
Article 18.
Emergency Medical Services Authority Subsidy.
§7-18-1. Ambulance Subsidy.
(A)
Due to the unfunded or minimally funded mandates of the federal government to
provide ambulance services for the indigent and Medicare patients, it is necessary that
a portion of the costs of funding ambulance services be borne by the public that is
served.
(B)
That the City of Jenks has contracted with the Emergency Medical Services Authority
(EMSA) to provide ambulance service to Jenks residents.
(C)
To insure the continued provision of EMSA Services, the City of Jenks will assist in
subsidizing its operations along with the other jurisdictions it serves.
(D)
To fund the subsidy, an initial monthly service fee of one dollar ($1.00) shall be
assessed per each utility customer of the Jenks Public Works Authority.
(E)
The fee assessment shall commence on the utility billing statement for the services
rendered during the month of July 2006.
(F)
That the amount of the monthly fee assessment may be modified for each fiscal year
as part of the annual budget approval process as may be needed to cover the
anticipated amount needed from the City of Jenks to fund its share of the subsidy for
the continued operation of EMSA. (Ord. #1162, June 19, 2006).
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CHAPTER 8
FIRE PREVENTION
Article 1. Fire Prevention Code.
§8-1-1. Adoption of Fire Prevention Code.
(A)
There is hereby adopted by the City Council for the purposes of prescribing
regulations governing conditions hazardous to life and property from fire and
explosion that certain Code known as the B.O.C.A. Basic Fire Prevention Code of
which not less than three (3) copies are to be filed in the office of the City Clerk; and
the said Code is hereby adopted and incorporated as fully as if set out at length herein;
and from the date on which this Ordinance shall take effect, the provisions on which
the Ordinance shall take effect, the provisions thereof shall be controlling within the
Limits of the City. (Code 1972, §9-1)
§8-1-2. Enforcement Officer.
(A)
It shall be the duty and responsibility of the Chief of the Fire Department or of the fire
prevention bureau, or such officer as shall be designated by the appointing authority of
the City of Jenks, to enforce the provisions of the Fire Prevention Code, the designated
enforcement officer of this Code is herein referred to as the Fire Official.
(B)
The Chief of the Fire Department may detail such member of the fire department as
inspectors as may from time to time be necessary.
§8-1-3. Definitions.
(A)
Whenever the word "municipality" is used in the Fire Prevention Code, it means the
City of Jenks, Oklahoma.
(B)
Whenever the word "corporation counsel" is used in said code, it means the City
Attorney of the City of Jenks. (Code 1972, § 9-3)
§8-1-4. Above Ground Storage of Flammable or Combustible Liquids by Permit.
(A)
Above ground storage of flammable or combustible liquids may be allowed only for
fleet usage by permit, where the person or entity that owns the storage system also
owns and operates the vehicles being refueled, when intended for use in fueling
vehicles used in connection with commercial, industrial, governmental or manufacturing establishments. No above ground storage of flammable or combustible
liquids for retail sales is permitted.
(B)
The site on which the above ground storage may take place must have a zoning
classification which would allow for the uses set forth in Use Units 23, 24, 25 or 26 of
the Jenks Zoning Code. The tract on which the tank(s) are to be placed must be a
minimum of 150 ft. by 150 ft.
(C)
Such storage tanks and dispensing devices must be constructed, installed and used in
accordance with B.O.C.A. National Codes and National Fire Prevention Association
(N.F.P.A.) regulation 30A-90 (9-3.5), including diking regulations as set forth under
N.F.P.A. 30-2-3.3.
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(D)
The following additional regulations shall apply to installation of above ground
storage tanks:
(1)
Location
(a)
(b)
(c)
(2)
Foundations
(a)
(b)
(c)
(d)
(3)
(d)
(e)
If product is gasoline, it is to be dispensed from the top of the tank.
An approved manual or electrically powered pump shall be used.
Pump, hose, and nozzle shall be rated for handling combustible
liquids.
Electrical installation shall be designed for an area classified as Class
1 Division 2 by National Electrical Code.
Maximum gallons allowed on site shall not exceed 6,000 gallons.
Diesel Fuel
(a)
(b)
(c)
(5)
Tank foundations shall be designed to minimize the possibility of
uneven settling of the tanks and to minimize corrosion in any part of
the tank.
Supports for the tank shall be of concrete, masonry, or protected steel.
Steel supports shall be protected by materials having a fire resistance
rating of not less than 2 hours.
If located in a designated flood plain, the foundation and tank must be
secured in such a manner to prevent the tank from floating away as
approved by the City Engineer.
Gasoline
(a)
(b)
(c)
(4)
The tanks shall be located at least 25 ft. from LPG containers.
Separation of tanks shall be at least one-third (1/3) the sum of adjacent tank diameters, but not less than 3 ft., between tanks in a diked
area.
The minimum distance from abutting property lines and public
roadways shall be 25 feet.
Diesel fuel is a class. II liquid and may be dispensed by gravity flow.
If gravity flow is chosen, the bottom opening for gravity discharge
shall be equipped with a valve located adjacent to the tank shell which
will close automatically in the event of fire through the operation of
an effective heat activated releasing device. If this valve cannot be
operated manually, it shall be supplemented by a second valve which
can be. The gravity discharge outlet shall be provided with an
approved hose equipped with a self-closing valve at the discharge
end, of a type that can be padlocked to its hanger to prevent
tampering.
Maximum gallons allowed on site shall not exceed 6,000 gallons.
Connections
(a)
The tank and all connections shall be bonded or connected to a
ground. The bond or ground shall be physically supplied or inherent
to the installation.
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(6)
Fencing
(a)
(7)
Barriers
(a)
(8)
Barrier poles shall be erected around the tank installation to protect it
from collision as required in the approved plot plan.
Warnings
(a)
(9)
The immediate tank installation area shall be secured within a six foot
(60 chain linked fence unless the entire property is fenced. Gates shall
be kept locked when the installation is not in use or left unattended.
Warning signs shall be posted and installed as shown in the approved
plot plan stating:
- NO SMOKING
- WARNING FLAMMABLE VAPORS/SHUT OFF MOTOR –
NFPA 704 PLACARD
- DIESEL OR GASOLINE
Fire Control Devices
(a)
(b)
A minimum of one 25-1b. ABC fire extinguisher shall be provided
within 25 feet of the tank.
The applicant for the permit shall provide the following:
i)
ii)
iii)
iv)
v)
vi)
A plot plan/diagram showing the location of the tank in
relation to property lines and buildings and other
requirements related to the same.
A letter certifying that the tank construction meets UL
specifications and the installation as a whole meets the
requirements of NFPA 30 and the 1990 BOCA Mechanical
Code.
A permit application shall be made to the Building Inspector.
A non-refundable permit and inspection fee in the sum of
$100.00 per application shall be paid. Thereafter, a $25.00
annual inspection fee shall be paid.
A permit is valid only upon endorsement of the Building
Inspector and Fire Chief.
The Fire Chief shall provide for annual inspection by the Fire
Department.
The City Manager may revoke permit for cause. (Amended
Ord. #788, Nov. 16, 1992)
§8-1-5. Limits in Which Storage of Explosives, Ammunition and Blasting Agents are
Prohibited.
(A)
The limits referred to in F-2701.2 of the Fire Prevention code in which storage of
explosives, and ammunition and blasting agents is prohibited, are hereby established
as the city limits.
§8-1-6. Rules and Regulations.
(A)
The Fire Official shall have authority as may be necessary in the interest of public
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safety, health and general welfare to promulgate rules and regulations, to interpret and
implement the provisions of the Fire Prevention Code, to secure the intent thereof and
to designate requirements applicable because of climatic or other conditions, but no
such rules shall have the effect of waiving any fire safety requirements specifically
provided in the Fire Prevention Code, or violating accepted engineering practice
involving public safety.
§8-1-7. Appeals.
(A)
Appeals to the City Council may be taken by any person aggrieved by any decision or
interpretation by the fire official made under the provisions of this Code. An
application for appeal must be submitted to the board within ten (10) days of the date
of notice of order of the Fire Official.
§8-1-8. New Materials, Processes, or Occupancies Which May Require Permits.
(A)
The City Manager, the Chief of Fire Prevention Bureau, or the Fire Official, and one
(1) person appointed by the Council shall act as a committee to determine and specify,
after giving affected persons an opportunity to be heard, any new materials, processes,
or occupancies which shall require permits in addition to those now enumerated in the
Code. The Chief of Fire Prevention Bureau or Fire Official shall post such list in a
conspicuous place in his office, and distribute copies thereof to interested persons.
§8-1-9. Penalties.
(A)
Any person who violates any of the provisions of the Fire Prevention Code hereby
adopted or fails to comply therewith, or who violates or fails to comply with any order
made there under, or who builds in violation of any detailed statement or
specifications or plans submitted and approved there under, or any certificate or
permit issued there under, and from which no appeal has been taken, or who fails to
comply with such an order as affirmed or modified by the City Council or by a court
of competent jurisdiction, within the time fixed therein, shall severally for every such
violation and noncompliance respectively, be guilty of an offense and shall be
punished by a fine of not more than one hundred dollars ($100.00), plus court costs.
The imposition of one (1) penalty for any violation shall not excuse the violation or
permit it to continue; and all such persons shall required to correct or remedy such
violations or defects, and each day that such prohibited conditions are maintained shall
constitute a separate offense.
(B)
The application of the above penalty shall not be held to prevent the enforced removal
of prohibited conditions. (Amended Ord. #375, April 21, 1980)
Article 2. Life Safety Code.
§8-2-1. Life Safety Code Adopted.
(A)
The National Fire Protection Association, Life Safety Code 101 is hereby adopted as
the Life Safety Code of the City of Jenks, being particularly the current edition thereof
and the whole thereof, save and except such portions as are hereinafter deleted,
modified, or amended by other sections of this ordinance. No less than three (3) copies
of the Life Safety Code have been and now are on file in the office of the City Clerk.
The provision of the Life Safety Code shall be controlling within the limits of the City
of Jenks.
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§8-2-2. Fire Department to Enforce Code.
(A)
The Life Safety Code 101 shall be enforced by the Fire Department of the City, under
the supervision of the Chief of the Fire Prevention Bureau.
(B)
The Chief of the Fire Department shall detail such member of the Fire Department as
inspectors as may, from time to time, be necessary.
§8-2-3. Modifications.
(A)
The Chief of the Fire Prevention Bureau, of the Chief of the Fire Department, shall
have the power to modify any of the provisions of the Life Safety Code 101 upon
application in writing by the owner or lessee, or his duly authorized agent, where there
are practical difficulties in the way of carrying out the strict letter of the Code,
provided that the spirit of the Code shall be observed, public safety secured, and
substantial justice done. The particulars of such modification when granted or allowed
and the decision of the Chief of the Fire Prevention Bureau or the Chief of the Fire
Department and signed copy shall be furnished the applicant.
§8-2-4. Appeals.
(A)
Whenever the Chief of the Fire Department or Chief of the Fire Prevention Bureau
disapproves an application or refuses to grant an approval for, or when it is claimed
that the provisions of the Code do not apply, or that the true intent and meaning of the
Code has been misconstrued or wrongly interpreted, the applicant may appeal the
decision of the Chief to the City Council within ten (10 days of the decision.
§8-2-5. Penalties.
(A)
Any person who violates any of the provisions of the Life Safety Code 101 hereby
adopted or fails to comply therewith, or who violates or fails to comply with any order
made there under, or any certificate or permit issued there under, and from which no
appeal has been taken, or who fails to comply with such an order as affirmed or
modified by the City Council or by a Court of competent jurisdiction, within the time
fixed therein, shall severally for every such violation and non-compliance
respectively, be guilty of an offense, and shall be punished by a fine of not to exceed
one hundred dollars ($100.00), plus court costs. The imposition of one (1) penalty for
any violation shall not excuse the violation or permit it to continue; and all such
persons shall be required to correct or remedy such violations or defects, and each day
that said prohibited conditions are maintained shall constitute a separate offense.
(B)
The application of the above penalty shall not be held to prevent the enforced removal
of prohibited conditions. (Enacted Ord. #376, April 21, 1980)
Article 3. Fireworks.
§8-3-1. Discharge of fireworks.
(A)
The sale, use or discharge of fireworks shall be unlawful within the City unless the
appropriate fireworks permit is obtained.
(B)
Supervised public exhibition displays utilizing either 1.4G or 1.3G fireworks, as
defined by the U.S. Department of Transportation, shall be permitted with a permit
and be in compliance with the requirements of the Jenks Fire Department. These
requirements include: Bond for display, the permit holder shall furnish a bond for a
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minimum of $1,000,000.00 dollars for the payment of all potential damage caused
either to the person or property due to the permitted display. The permit holder shall
furnish a diagram of the site for the display; the diagram shall show the location of
the firing site, spectator seating, and spectator parking area. The operator of the
display site shall obtain a site inspection by the Jenks Fire Chief or designee prior to
the operation of the display. All public displays including displays utilizing 1.4G
fireworks outside the allotted days of permitted use of consumer fireworks shall make
public notification and provide public notice in area newspapers and other public
media sources. Any company performing fireworks displays utilizing 1.3G fireworks
shall have on file with the City of Jenks a copy of their state license. Every public
fireworks display shall obtain the commercial fireworks permit.
(C)
(D)
The Permit fee for a public fireworks exhibition display is $50.00,
“Consumer Fireworks”
Consumer fireworks (Class 1.4G) may be discharged if the following conditions are
met:
(1)
(2)
(2)
(4)
(5)
(6)
(7)
(8)
(9)
(E)
No City, County or State burn ban is currently in effect
Discharge occurs on private property or as indicated in the permit.
An adult who is the responsible party is present at all times during discharge
and removal/extinguishment of debris
Discharge occurs on July 3rd, 4th or 5th between the hours of noon and 11
p.m.
Discharge occurs on December 31st from 11:30 p.m. until 12:30 a.m. on
January 1st.
Discharge occurs on a non-combustible surface and a safe distance from any
property that would pose a risk of injury, property damage or unintended fire.
Ready access to water hose, bucket of water, or fire extinguisher shall be
available during discharge of fireworks.
Responsible party must ensure all debris is removed and extinguished in a safe
manner.
Responsible party obtains a non-refundable $20.00 permit from the City of
Jenks. The permit is for both the 4th of July time frame and the New Year’s
Eve discharge for the calendar year in which the permit was issued.
During discharge of fireworks applicant displays permit in a visible location
so that it may be inspected easily by law enforcement.
Multiple adjacent households’ consumer fireworks displays:
(1)
(2)
(3)
All provisions of Paragraph D above shall apply, except subsection (8). The
households’ group representative shall be the responsible party and shall
obtain a $50.00 non-refundable permit from the City of Jenks.
The group may block public streets for group displays if group obtains
endorsement of the affected Neighborhood Association or has permission of a
majority of households on affected street and approval of the Jenks Public
Works Director.
Public Works will provide the group temporary street barricades for use at
either end of affected street within the cost of the permit if placed by group
participants and removed for pick up adjacent to street after the event.
§8-3-2. Permit availability.
(A)
Applications for Permits as provided for herein may be made at Jenks City Hall
between April 1st and July 3rd on non-holiday weekdays from 9:00 a.m. to 4:30 p.m.
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§8-3-3. Sales of fireworks in City allowable with a Use Permit
(A)
While the sale or display for sale of fireworks shall be unlawful within the City as set
forth above, the City may issue a Use Permit for the same, subject to the following
conditions:
(1) The property has direct access on an arterial street and adequate on-site parking
so that the operation of the stand can be conducted without interference with
travel on the paved surface of the arterial street;
(2) Only Class “1.4G” fireworks, as defined by the United States Department of
Transportation, are sold on the premises; and
(3) The "season" for fireworks sales shall be limited to be only from June 15th until
July 5th of each year.
(4) The vendor at each stand must obtain a Use Permit from the City; an annual
license from the City Finance Department at a cost of $750.00, providing a copy
of the state sales tax permit.
(5) Owner or vendor shall maintain liability insurance on each location.
§8-3-3. Penalties
(A) The Permit holder is responsible for cleaning up any debris caused by any person
discharging fireworks under the permit holder. Failure to remove the debris shall be
punished by a fine of $200.00 plus court costs.
(B) Private persons may not use or discharge fireworks within any city or county park,
nor on any highway, turnpike, or any street.
(C) Any sale or use of fireworks in violation of this ordinance or the conditions for
permitted use shall be punished by a fine of $200.00 plus court costs.
§ 8-3-4. Burn Ban.
(A) In the event that the Governor of the State of Oklahoma calls a red flag fire alert or
burn ban for the area encompassing the City of Jenks and/or the City of Jenks Fire
Department determines that the City of Jenks is in fire danger due to the weather
conditions the Mayor of the City may declare an Emergency and cause the use of
fireworks to be terminated and declare them to be illegal to discharge during the
emergency period. Any fireworks used during this Emergency is a violation of the
Ordinance and shall be punished by a fine of $200.00 plus court costs. (amended
Ordinance 1312 March 19, 2012)
Article 4. Liquefied Petroleum Gas
§8-4-1. Scope.
(A)
This article shall apply to all storage and handling facilities of liquefied petroleum gas
and the installation of all equipment pertinent to the systems for such uses.
§8-4-2. Definitions.
(A)
As used in this Article, the terms "Liquefied petroleum gas(es)", "LP-Gas" and "LPG"
are synonymous and shall mean and include any material composed and
predominately of the following hydrocarbons, either by themselves or as mixtures:
Propane, Propylene, Butane (normal butane or iso-butane) and Butylene (including
isomers).
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(B)
Liquefied Petroleum Gas Equipment shall mean all containers, apparatus, piping, and
equipment pertinent to the storage and handling of liquefied petroleum gas.
(C)
N.F.P.A. shall mean National Fire Protection Association.
(D)
A.M.E. shall mean American Society of Mechanical Engineers.
(E)
D.O.T. shall mean United States Government Department of Transportation.
(F)
U. L. shall mean Underwriters Laboratories.
§8-4-3. Plans.
(A)
Plans shall be submitted for all installations. Some installations may require Jenks
Board of Adjustment approval.
(B)
Submission of Plans. A request shall be submitted to the Division of Inspection for all
installations accompanied by two (2) copies of the site plan drawn to scale of one (1)
inch to ten (10) feet, showing the following:
(C)
(1)
Location of any present or proposed containers and equipment.
(2)
Property lines and distance from each installation.
(3)
All buildings and nature of their occupancy within a radius of one hundred
feet (100) of the proposed installation.
(4)
Name of bonded contractor who will install the equipment.
(5)
All piping, including size, type and fittings.
(6)
Fencing.
(7)
Piping and relief valve and vent shall be indicated.
Requirements.
(1)
Unless the property is adequately fenced, a six (6) foot high fence will be
required to protect against tampering with locks installed as required by the
Fire Prevention Bureau, Building Inspection Division and where applicable,
the Jenks Fire Prevention Bureau may require a minimum of six (6) inch
diameter pipe filled with concrete spaced around the tank or container as
required by the fire official.
(2)
Fire extinguishers shall be placed near the gates as required by the Fire
Prevention Bureau.
(3)
All installations of 2000 gallons and over shall be located within six hundred
(600) feet of a fire hydrant supplied adequately, relative to the installation.
This hydrant must be located so close as to be usable under fire conditions.
The location and capacity of the hydrant is subject to approval of the Fire
Prevention Bureau.
(4)
No smoking signs shall be displayed as required by the Fire Prevention
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Bureau.
(5)
Tank area to fence shall be clearly defoliated by stones, concrete or chemicals.
(6)
Name and telephone number of responsible persons must be provided.
(7)
All emergency shut-offs shall be of quick-closing type approved by the Fire
Prevention Bureau.
(8)
Tank shall be kept properly painted.
(9)
All persons employed in handling LP Gases shall be trained in proper
handling and operating procedures and will be required to obtain all license
and permits required by state law and local ordinance.
(10)
The Fire Department Official shall be entitled to waive any items contained in
this Ordinance.
(11)
Bulk storage of liquefied petroleum gases within the city limits shall be
located in approved areas only. (See Zoning Code use unit 16)
Liquefied Petroleum Gas (LPG) shall be prohibited in all residential areas.
(12)
§8-4-4. Minimum Standards.
(A)
The minimum safe standards for the storage, handling and use of liquefied petroleum
gas shall be those contained in the latest revised Standards of the National Fire
Protection Association, hereinafter referred to as N.F.P.A., as follows:
No. 54
No. 54A
No. 58
No. 59
No. 70
No. 501A
No. 501B
No. 501C
(B)
Gas Appliance Gas Piping
Industrial Gas Piping and Equipment
Storage and Handling Liquefied Petroleum Gas
L.P. Gases at Utility Gas Plants
National Electrical Code
Standard for Mobile Home Parks
Standard for Mobile Homes
Standard for Recreational Vehicles
The following state and local agencies may establish additional regulations pertinent
to their requirements:
LP-Gas Administration
Division of Inspection of the City of Jenks
Fire Prevention Bureau of the City of Jenks
(C)
Any installations made prior to the adoption of this ordinance, considered hazardous
by any of the above authorities, shall be corrected.
§8-4-5. Permit.
(A)
No person shall engage in the business of installing, remodeling, replacing or repairing
any liquefied petroleum gas system or equipment used in connection with such
systems, including the filling or refilling of containers without first obtaining a permit
from the Division of Inspection of the City of Jenks.
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(1)
Any person desiring such permit or certificate shall file a written application
therefore with the Division of Inspection, which application shall contain
information to establish the qualifications, experience, and competence of said
applicant.
(2)
Each applicant shall file with the Division of Inspection a policy of insurance
written by a company authorized to do business in the State of Oklahoma,
with bodily injury, property damage and completed operations coverage in
accordance with the following schedule:
(3)
BODILY INJURY
PROPERTY DAMAGE
$100,000 each person
$500,000 each occurrence
$500,000 completed operations
$100,000 each accident
$200,000 aggregate
$200,000 completed
operations aggregate
Such insurance shall protect persons and/or property against loss, injury or
damage arising out of any negligent act of the insured or any of his agents or
employees and shall contain an endorsement that the same shall not be
cancelled before giving the City of Jenks written notice thirty (30) days prior
to cancellation.
(B)
A permit shall be obtained for each and every container installation. A request for
permit shall be made in writing to the Division of Inspection. Upon approval by the
Division of Inspection and Fire Prevention Bureau, a permit shall be obtained.
(C)
For each and every installation, a request for permit shall be sent to the Division of
Inspection with two (2) copies of drawings or plans of the proposed installation. Such
drawings or plans must be submitted as outlined in regulations published by the Fire
Prevention Bureau and the Division of Inspection.
(D)
The final permit for installation shall be issued only after the installation has
successfully passed the required inspections. Any installation over 2,000 gallons water
capacity at a consumer site or any size installation for cylinder filling at a location
known as a "Bulk Plant" or "Bottling Plant" shall require State of Oklahoma LP-Gas
Administration approval in addition to City of Jenks approval.
(E)
(1)
A request for permit shall be sent to the Division of Inspection with two (2)
copies of drawings and plans required by published regulations.
(2)
Single or aggregate limitations shall be determined by local authorities.
(3)
The final permit for installation shall be issued only after the installation has
successfully passed the required inspections, and written approvals have been
granted by the Division of Inspection and Fire Prevention Bureau.
(4)
A fee of $25.00 for the first 2,000 gallons water capacity aggregate, plus
$1.00 per 1,000 gallons water capacity aggregate shall be paid to the City of
Jenks before final approval is obtained. This fee shall be in addition to any fee
required by the State LP-Gas Administration. A $10.00 reinspection fee shall
be paid annually.
All installations as outlined in 1, 2, and 3 above shall conform to regulations as
published by the Division of Inspection and Jenks Fire Prevention Bureau, other
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governmental agencies, and nationally recognized standards. These regulations or
standards will set forth requirements for piping, fencing, regulators, extinguishers,
excess flow valves, vaporizers and all other matters which may affect the public safety
and welfare. The Fire Prevention Bureau and the Building Inspection Division are
hereby empowered to promulgate such regulations or standards as are deemed
necessary to carry out the intent of this Section.
§8-4-6. Containers.
(A)
Only A.S.M. or D.O.T. containers bearing the U.S. label, or the label of some other
nationally recognized testing laboratory, shall be used in the City of Jenks.
(B)
Containers shall meet specification of the Oklahoma Unfired Pressure Vessel Code
relative to pressure relief valves, general construction, and venting.
(C)
LP-Gas cylinders for salamanders shall be stored outside of buildings. No more than
three (3) one hundred (100) pound cylinders can be connected up in series to supply a
salamander.
(D)
LP-Gas Containers must be equipped with collars or caps to protect valves, whether
full or empty. Containers must be mounted on a firm foundation, other than bare
ground and must extend three (3) feet beyond each side and end of tank.
(E)
The maximum container size shall be determined by the Jenks Fire Prevention Bureau.
§8-4-7. Container Clearance to Building or Property Lines.
(A)
Clearance from LP-Gas installation to building or property lines shall be in accordance
with N.F.P.A. standards or the regulations adopted by the State of Oklahoma, the
Jenks Fire Prevention Bureau, or Division of Inspection, whichever is more restrictive.
§8-4-8. LPG Container Installation Inside Building Prohibited.
(A)
LP-Gas containers are not permitted inside buildings, except as provided for in state
regulations (NFPA). Storage or use of LP-Gas Container is prohibited in basements,
cellars, or other areas below grade.
§8-4-9. Electrical Requirements for Liquid Petroleum Gas Installation.
(A)
All electrical equipment shall be in accordance with the National Electric Code and
shall be installed as per Article 501 of the National Electric Code or as may be
amended.
§8-4-10 Appeals.
(A)
Appeals to the Board of Adjustment may be taken by any person aggrieved by the
decision or interpretation by the fire official made under the provisions of this
Ordinance. An application for appeal must be submitted to the Board of Adjustment
within seven (7) days of the date of notice of order of the fire official. (Amended
Ord.# 419, December 7, 1081)
Article 5. Regulation of Open Burning
§8-5-1. Purpose.
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(A)
The purpose of this article is to control and regulate the open burning of refuse and
other combustible materials.
(B)
Prior to conducting open burning within the City of Jenks a burn permit shall
be filed with and approved by the Fire Chief of the City of Jenks.
§8-5-2. Definitions.
(A)
"Combustible materials" means any substance which will readily burn and shall
include those substances which, although generally considered incombustible, are or
may be included in the mass of the material burned or to be burned.
(B)
"Domestic refuse" means combustible materials or refuse that normally result from the
function of life at a residence, such as kitchen garbage, untreated lumber, cardboard
boxes, packaging, clothing, grass, leaves, and branch trimmings. It does not include
such things as tires, non-wood construction debris, furniture, carpet, electrical wire,
and appliances.
(C)
"Land clearing operation" means the uprooting, cutting, or clearing of vegetation in
preparation for the construction of buildings, the development of residential,
commercial, agricultural, or industrial properties, and for the construction and
maintenance of right-of-ways. It does not include the clearing of vegetation such as
trimmings, fallen limbs, branches, or leaves, or other wastes from routine property
maintenance activities.
(D)
"Opening burning" means the burning of combustible materials in such a manner that
the products of combustion are emitted directly to the outside atmosphere.
(E)
"Open-pit incinerator" means a device consisting of a pit (into which the material to be
combusted is placed) and nozzles, pipes, and other appurtenances designed and
arranged in a manner to deliver additional air and/or auxiliary fuel to, or near, the zone
of combustion so that theoretically complete combustion is accomplished or
approached.
(F)
"Products of combustion" means all particular and gaseous air contaminants emitted
as a result of the burning of refuse and combustible materials.
(G)
"Refuse" means garbage, rubbish, domestic refuse and all other wastes generated by a
trade, business, industry, building operation, or household.
§8-5-3. Burning of Trash, etc.
(A)
The burning of paper, trash, leaves, brush, rubbish, garbage and refuse of any nature is
hereby prohibited within the City of Jenks except for the purpose and under the
conditions hereinafter set forth.
(1)
Fires purposely set for the instruction and training of public and industrial
fire-fighting personnel when authorized by the Fire Chief of the City of Jenks.
Such authorization is to be in writing and requested of the Fire Chief at least
ten (10) working days prior to such burning.
(2)
Fires set for the elimination of a fire hazard which cannot be abated by any
other means when authorized by the Fire Chief of the City of Jenks.
(3)
Fires set for the removal of dangerous or hazardous material where there is no
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practical or lawful method of disposal, when authorized by the Jenks City
Council and the Oklahoma Department of Environmental Quality (DEQ).
(4)
Camp fires and other fires for outdoor non-commercial preparation of food.
(5)
Fires used solely for recreational purposes or ceremonial purposes with the
prior approval of the Fire Chief of the City of Jenks.
(6)
Open burning is allowed for the following land management and land clearing
operations.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(7)
Fires purposely set to forest, crop or range lands for a specific reason
in the management of forests, crops or game, in accordance with
practices recommended by the Oklahoma Department of Wildlife
Conservation, the Oklahoma State Department of Agriculture, and the
United States Forest Service.
With fires purposely set for land clearing operations, the location of
the burning must be at least 500 feet upwind and not be closer than
250 feet to an occupied residence other than those located on the
property on which the burning is conducted; in which event the
burning shall not be closer than 75 feet from a residence on the
property where the burning is conducted; such burn shall be
conducted in open pit incinerators.
Care must be used to minimize the amount of dirt on the material
being burned;
Oils, rubber and other similar materials which produce unreasonable
amounts of air contaminants may not be burned;
The initial burning may begin only between three hours after sunrise
and three hours before sunset and additional fuel may not be
intentionally added to the fire at times outside the limits stated above;
and
The burning must be controlled so that a traffic hazard is not created
as a result of the air contaminants being emitted.
The burning is conducted so that the contaminants do not adversely
affect the ambient air quality of a city or town.
Open burning of trees, brush and other vegetative matter without the
use of a open-pit incinerator may be performed if in compliance with
all of the following criteria.
(a)
Minimum Requirements
i)
ii)
iii)
iv)
(b)
The property in which the open burning is to be
performed is 5 acres or greater in size.
The property in which the open burning is to be
performed is zoned AG (Agriculture).
That the open burning is not in association with any
commercial business or commercial activity.
That all trees, brush, and other vegetative matter to be
burned shall be generated onsite and no trees, brush, and
other vegetative matter shall be transported to the site.
Minimum Permit Conditions
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i)
ii)
iii)
iv)
v)
All burning must be completed within 60 days.
No burning may take place if winds are in excess of 10
mph.
No burning may take place on Ozone Alert Days.
The landowner must notify the Fire Chief or his
designee each day prior to lighting any fires.
Through the required permit process the Fire Chief or
his designee may establish any requirement deemed
necessary to promote public health, welfare and safety.
(Amended October 4, 2004, Ord. No. 1105)
§8-5-4. Hydrocarbon Burning.
(A)
Open burning of hydrocarbons is allowed for:
(1)
The disposal of spilled hydrocarbons or the waste products of oil exploration,
development, refining or processing operations which cannot be feasibly
recovered or otherwise disposed of in a legal manner. Notice must be given to
the DEQ prior to such burning.
(2)
The disposal of waste hydrocarbons through a flare. The owner or operator
shall be required to use a smokeless flare if a condition of air pollution is
determined to exist by the DEQ.
§8-5-5. Open-pit Incinerator.
(A)
Except for hazardous material, any combustible material or refuse that is allowed to be
burned under this article may be burned in an open-pit incinerator that is properly
designed and operated for the control of smoke and particulate matter. The owner or
operator of the open-pit incinerator shall not accept any material owned by other
persons and shall not transport any material to the property where the open-pit
incinerator is located in order to burn the material.
§8-5-6. Disaster Relief.
(A)
Notwithstanding the prohibition herein, the Executive Director of the DEQ may allow
the open burning of debris resulting from a disaster if the Director determines such
burning is necessary to protect public health and safety. Such approval, if granted,
shall be accompanied by appropriate guidelines for burning the debris.
§8-5-7 Responsibility for consequences of open burning
(A)
Persons who conduct open burning in accordance with the provisions of this article are
not exempt or excused from the consequences, damages, or injuries that may result
from such conduct, nor are they exempt or excused from complying with all
applicable laws, ordinances, rules and orders. (Amended Ord.# 1045, July 1, 2002)
Article 6. Penalty
§8-6-1. Penalty.
(A)
Any person who violates or fails to comply with any provisions of this Chapter or any
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legal order or regulation thereto, shall be guilty of an offense, and upon conviction
thereof shall be punished by a fine of not more than Two hundred dollars ($200.00).
Each day upon which a violation continues shall be deemed a separate offense.
(Amended Ord. #534, Nov. 21, 1983; Amended Ord. #1180, Oct. 16, 2006).
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CHAPTER 9
GARBAGE AND OTHER SOLID WASTE
Article 1. Collection, Removal and Disposal of Garage and Other Solid Waste.
§9-1-1. Short Title.
(A)
This ordinance shall be known and cited as the "Solid Waste Management
Ordinance".
(B)
Pursuant to the provisions of the Oklahoma Solid Waste Management Act, Title 63
O.S. *12300, et. seq., the City of Jenks, Oklahoma does hereby adopt the following
system for the management of solid waste within the corporate limits of the City.
§9-1-2. Reservation to City.
(A)
The City of Jenks hereby reserves to itself the right and privilege of the collection,
removal and disposition of all solid waste or waste (as hereinafter defined) within the
corporate limits of the City of Jenks, either by the licensure of a suitable person or
corporation for the collection and removal thereof or by the collection and removal
thereof by the City, or an agency or instrumentality thereof, either method to be at the
discretion of the City Council of the City of Jenks, Oklahoma. The City Council of the
City of Jenks shall be empowered to acquire suitable trucks and other equipment for
the collection and removal of solid waste from the corporate limits of the City of
Jenks, and shall have power to enter into contracts with private persons or corpora
tions for the collection of solid waste or to sell such solid waste and/or to deliver the
same to points within or without the corporate limits of said city.
(B)
The City Council of the City of Jenks may, by resolution or ordinance, establish
routes, limit the number of solid waste haulers, collect additional fees from garbage or
trash haulers operating within the City's right-of-ways and for funding solid waste
collection and disposal systems and/or sites, whether within or without of the
corporate limits of the City of Jenks, require City administered billing systems and
collect an administrative fee for such services, and impose other rules and regulations
found necessary or expedient in regulating solid waste collection and disposal.
(C)
The City Council of the City of Jenks may direct all or a portion of the flow of the
waste stream to particular disposal sites and may set conditions for same.
(D)
The City of Jenks hereby reserves unto itself, or its designee, the right to provide solid
waste collection services for the occupant of any new address within the corporate
limits of Jenks, and such occupant shall be required to apply for solid waste collection
services from the City of Jenks. The City may contract with Licensees for the right to
provide such services to such City owned accounts on terms as may be set forth in
Administrative Rules.
§ 9-1-3. Definitions.
Unless otherwise provided herein, for the purposes of this Chapter and any administrative
rules adopted pursuant to its provisions, the following terms shall have the meanings given
herein:
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(A)
City -shall mean the City of Jenks, Oklahoma, a municipal corporation.
(B)
Garbage -shall mean all putrefying wastes from any place where meats, fish, fowl,
fruits or vegetables are prepared for food for immediate consumption and shall include
all household waste containing organic matter that has been prepared for or was
intended to be used as food or has resulted from the preparation of food.
(C)
Hazardous -Waste shall mean those wastes which are flammable, explosive, corrosive,
toxic, infectious or are otherwise classified as hazardous or controlled industrial waste
under federal state or municipal laws, ordinances, rules or regulations.
(D)
Hazardous Waste Collector- shall mean any person engaged in the operation of
collecting, removing, transporting or disposing of hazardous waste and any
employees, agents or other entities acting on behalf of a hazardous waste collector.
(E)
Jenks -shall mean the City of Jenks or its related entity, the Jenks Public Works
Authority.
(F)
JPWA -shall mean the Jenks Public Works Authority, a public trust.
(G)
Manifest or Solid Waste Manifest- shall mean a complete, accurate, current and
legible record maintained on a form approved by the City Manager for each load of
commercial or inter-jurisdictional waste collected, transported, within the City of
Jenks by a collector.
(H)
Recyclable Material- shall mean those materials often components of solid waste,
which can be collected, separated, or processed and returned to the economic
mainstream in the form of materials or products including, but not limited to the
following:
(1)
(2)
(3)
(4)
Cardboard, newspaper, magazines, graded paper, mixed office paper, wood;
Clear and colored glass;
Durable and non-durable plastics including plastic polyethylene terephthalate
(PET) and high-density polyethylene (HDPE);
Metals including aluminum, copper, bi-metals and ferrous metals;
(2) Any other materials or substances identified as recyclable by the City
Manager.
(I)
Refuse- shall mean all waste material including waste materials of animal, vegetable
and mineral composition, subject to combustion, putrefaction or disintegration by
oxidation and shall include waste metal, plastic and glass, but shall not include
common earth or rock aggregate compounds; however, scrap materials which are
source separated for collection and processing as industrial raw materials shall not be
considered refuse except when contained in refuse.
(J)
Rubbish- shall mean a normal accumulation by resident families or commercial,
industrial or institutional establishments, or resulting from commercial, industrial or
institutional operations, of matter, the accumulation of which may create a nuisance or
be deleterious to public health or offensive to sight or smell.
(K)
Rubble- shall include dirt, rocks, ashes, debris resulting from construction,
reconstruction or repair of buildings, and other earthen, wooden or metal materials,
longer, larger and/or heavier than rubbish.
(L)
Solid Waste or Waste- shall mean all non-liquid materials or substances that are
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generally discarded or rejected as being spent, useless or worthless to the owners at
the time of such discard or rejection including, but not limited to garbage, rubbish,
refuse, trash, ashes or incinerator residue, street refuse, dead animals, waste rubber
tires, construction waste, solid or semi-solid commercial and industrial wastes, and
hazardous wastes, including explosives, pathological wastes, chemical wastes,
herbicidal and pesticide waste.
(M)
Suitable Container for refuse- shall mean a thirty (30) gallon rigid receptacle with
handles and tightly fitting lid and which shall support a carry weight of at least fifty
(50) pounds or a roll-out container specifically designed for automated or semiautomated collection system not to exceed 100-gallon capacity or less than 90 gallon
capacity and shall support a carry weight of one hundred fifty (150) pounds and which
shall comply with other specifications which may be established by Administrative
Rules.
(N)
Trash- means refuse consisting of waste paper, broken ware, discarded shoes and
clothing, tin cans, bottles, paper boxes and cartons, and floor sweepings from
dwelling, business or industrial establishments. The term "trash" shall not include
manure, debris from construction or repair work, yard waste as defined below or
business or industrial wastes, which in the judgment of the City Manager, or
authorized representative, are likely to cause damage to the equipment of a Licensee
of the City, injury to employees of the City or Licensee, or are likely, because of the
nature, size or weight of the material, to handicap or overburden the collection of trash
and garbage of the Licensee of the City.
(O)
Unacceptable Solid Waste- shall include poisons, acids, caustics, explosives, body
wastes, automobile frames, large bulky objects such as stoves, refrigerators, furniture,
large trees or limbs, and materials which may cause damage to collection equipment
or personal injury to collectors, dirt, rocks or debris resulting from construction or
demolition, animal excreta or any article or substances soiled by human or animal
excreta that has not. been wrapped and tightly sealed in moisture proof paper prior to
placement for collection, refuse which has been combined or mixed with any of the
above-mentioned items, and any materials which cannot be processed at the disposal
facility or which would have a reasonable possibility of causing a threat to health,
safety, or property.
(P)
Waste Collector- shall mean commercial and/or residential waste collectors and any
employees, agents or other entities acting on behalf of a waste collector.
(Q)
Yard Wastes- shall mean yard clippings and trimmings originating from the premises
either bundled with dimensions not exceeding 24" X 48" when secured with twine, in
bags not to exceed thirty (30) gallons in volume or fifty (50) pounds, or contained in
an approved roll-out cart; bags or a bundle shall not exceed fifty (50) pounds in
weight.
§9-1-4. Duties of the City Manager.
(A)
Subject to the provisions of the Ordinances of the City of Jenks, the City Manager, or
authorized representative, shall exercise all lawful powers necessary and appropriate
for the management of all solid waste within the jurisdiction and control of the City of
Jenks.
(B)
Subject to the approval of City Council, the City Manager shall establish
administrative rules to implement the effective and efficient operation of the
provisions within this Chapter.
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§9-1-5. Delegation of powers to JPWA.
(A)
The Jenks Public Works Authority (JPWA) is hereby authorized to manage and
implement the collection, removal, transportation and disposal of all acceptable solid
waste. JPWA may operate or cause to be operated a collection and disposal system for
the City of Jenks and for neighboring areas in the event an appropriate contractual
relationship can be developed with those neighboring areas for the equitable sharing of
costs; provided, however, that the acceptable residential solid waste service operated
under JPWA' s auspices must comply with the provisions of this Chapter.
(B)
Solid waste services shall at all times be in compliance with all provisions of this
Chapter and the administrative rules established pursuant thereto.
(C)
Under the provisions of this Chapter JPWA may authorize licenses by the issuance of
a permit to supply all labor and equipment for the operation of an acceptable
residential solid waste collection and disposal system. In addition, in an emergency
wherein the public health is threatened, JPWA may operate the solid waste collection
and disposal system, request the system to be operated by the City of Jenks, and/or
contract with such persons as it deems necessary for so long as the emergency exists.
§9-1-6. Duty to Request Solid Waste Service.
(A)
To assist in maintaining the general sanitation and health of the inhabitants of the City
of Jenks, Oklahoma, it shall be the duty of every person occupying or having control
of the occupancy of any premises located on a regularly established solid waste
collection route to notify the City Clerk of the City of Jenks at the beginning of such
occupancy and request, accept and use the solid waste collection and disposal service
directed by JPWA, whether performed by a private licensed Solid Waste Collector or
by Jenks through its employees and agents, and by such request, and/or accepted use,
the applicant shall grant Jenks a license to come upon the premises for the purpose of
removal of solid waste including garbage, trash, rubbish and rubble; PROVIDED,
HOWEVER, that failure of any owner, rental agent or occupant of such premises to
make such request shall not prevent nor in any way impair or impede Jenks from
adding the address of such premises to the proper solid waste collection records and
providing such service and otherwise enforcing by appropriate action, the regulatory
measures herein prescribed and causing the fee or charge thereof to be paid. That such
charges remaining unpaid shall become a lien upon said property upon the City Clerk
filing a certified statement of same with the Tulsa County Clerk's office and may be
enforced as other liens, or such charges may be collected on other JPWA utility
billings, or may be collected in any other fashion allowed by law.
(B)
It shall be unlawful for any owner, occupant or other persons in charge of any lot, tract
of ground or other premises in the City of Jenks to allow garbage or trash to
accumulate thereon and to permit water or other putrid substances, whether animal or
vegetable, to so accumulate as to cause an offensive odor to be emitted there from or
to cause a condition dangerous to the health of any person.
§9-1-7. Requiring Accumulation of Solid Waste in Approved Containers.
(A)
No person shall deposit or place any solid waste or trash in an alley, street or other
public place within the City of Jenks, Oklahoma, nor shall any person deposit or place
it upon private property, whether owned by such person or not, within the limits of the
City of Jenks, unless the same shall be enclosed in a suitable container.
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(B)
No person shall deposit or place any unacceptable solid waste or hazardous waste in a
solid waste collection container except by Special Permit issued by the City Manager
and such container shall be clearly marked indicating the characteristics of the wastes
contained therein.
(C)
Solid waste containers shall be located at a single place on each premises, which place
shall be easily accessible to the street or alley from which the collections are made. All
containers not accessible from the alley and that have to be reached from the street
must be set back at least twenty-five (25) feet from the curb except on days of
collection. The city reserves the right to refuse to collect solid waste from containers
which are not easily accessible, or do not the meet the requirements of this article.
(D)
Solid waste containers shall not be located directly under downspouts or eaves where
they will be deluged with water during storms.
(E)
The solid waste container(s), except for yard wastes, required by this chapter shall be
no larger than a thirty (30) gallon rigid receptacle equipped with handles and with
tightly fitting lid and which shall have a total weight not in excess of fifty (50) pounds
except residential roll-out containers shall not exceed 100 gallons or 150 pounds
which are designed specifically for the collection by automated or semi-automated
equipment, the specification for same shall prescribed by Administrative Rule. The lid
on roll-out containers shall be in a fully closed position. Yard wastes may be placed
only in roll-out cart containers or specified bags. No unacceptable solid waste shall be
placed in any solid waste containers. Additional containers may be required by
Administrative Rule for recyclables. (Amended Ord. #888, May 6, 1996).
(F)
Yard waste originating from the premises shall contained within a thirty (30) gallon
plastic bag or 24 inch by 48 inch secured bundle unless placed in an approved roll-out
cart. The weight of a bag or bundle shall not exceed fifty (50) pounds.
(G)
All solid waste originating from commercial establishments and institutions shall be
placed in a metal dumpster type container with lid unless at the customer s option
three (3) roll-out cart containers are sufficient to hold the quantity of solid waste
accumulated between collections in which case the customer shall be classified as
residential.
(H)
On the day of collection, plastic bags, bundles or containers shall be placed within six
(6) feet of the curb or traveled portion of any roadway or alley or within eight (8) feet
of the traveled portion of the roadway if a barrow ditch is parallel to the roadway and
outside any fence for curbside and roll-out collection. Carry-out collection shall be
within 100 feet of the property line and the traveled portion of the roadway or alley
which is designated by the licensee. (Amended Ord. #888, May 6, 1996).
§9-1-8. Categories of Service by Type, Frequency and Cost.
(A)
The City Council may prescribe suitable and proper arrangements for the collection
and disposal of all solid waste at regular intervals of not less than once each week
(B)
All current residential solid waste customers may use the roll-out cart container
service category by making application to the City Clerk. All new residential solid
waste customers shall use the roll-out cart container. Within one (1) year of the
effective date of this ordinance, all residential customers shall convert to the roll-out
cart container.
(C)
The City Council shall fix and publish a schedule of fees to be charged for the
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collection and disposition of solid waste, and upon the fixing thereof, the fee shall be
paid at regular intervals of once each month, included on the JPWA utility bill for
residential water users. Non-JPWA residential water customers and apartment
residents with individual solid waste service but who do not have individual water
meters, shall be sent a separate billing statement and, in addition to their regular
monthly billing, shall be required to pay a twenty dollar ($20.00) deposit (to be
assessed at two dollars ($2.00) per month on their regular billing until such deposit is
collected in full). Such deposit shall be used to offset nonpayment or as a credit on the
close out of an account. Upon such non-JPWA water user commencing water service
from JPWA, any deposit funds shall be credited to the customer's future billings.
The City Council may, at any time, by a majority vote, revise and change the schedule
of fees, if at any time, in their opinion, the need warrants and justifies, provided, that
the revised schedule of fees shall not take effect until thirty (30) days after the same
shall have been approved. All fees as herein provided shall be paid to the Jenks Public
Works Authority and payment so made shall be to the City Clerk or other designated
representative(s) of the JPWA.
The following categories of residential solid waste collection shall be available:
(1)
Weekly Curbside Cart Service (yard waste included in cart)- shall mean
curbside collection service for a household one (1) time weekly utilizing a
roll-out cart container not to exceed 100 gallons of trash and yard waste. An
approved roll-out cart container will be provided by the Licensee.
(2)
Twice Weekly Curbside Trash Service - (yard waste outside receptacle(s) or
carts) shall mean curbside collection service for a household two (2) times
weekly in a suitable container with a limit of six (6) plastic bags or bundles of
yard wastes per collection. This service is available for one year from
effective date of the Ordinance.
(3)
Extra Waste Service - (non-food waste outside receptacle(s) or cart) shall
mean an additional collection in excess of the contents of the roll-out cart
consisting of bags or bundles of yard wastes or other non-food waste in the
amount of three (3) plastic bags or bundles of waste per collection.
(4)
Carry-out service -shall mean any other category of collection service carried
by the licensee more than six feet to eight feet, as allowed under Section 9-1-7
(H), but not more than 100 feet from an accessible street or alley designated
by the licensee. The fee for such service shall be charged at a multiple of 1-1/2
times the normal rate. Such carry-out fee multiplier may be waived for
disabled customers in accordance with the provisions of paragraph 5 below.
(Amended Ord. #888, May 6, 1996).
(5)
Elderly/Disabled Service -shall mean weekly curbside cart service (yard waste
included in cart) and carry-out services combined. Application for
elderly/disabled waiver must be made on a form supplied by the City Manager
and according to criteria established by Administrative Rule which shall
include but not be limited to significant physical mobility impairment and/or
income level established at the poverty level by the U.S. Government and
where the youngest person in the household shall be at least sixty-five years of
age, unless otherwise disabled. The City Manager is authorized and directed
to use such available sources, such as but not limited to, governmental
agencies and volunteer groups in order to verify the information contained on
the application form.
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(D)
There is hereby levied, imposed and established the following monthly residential
solid waste service charges ("User Charges or Fee") and any applicable taxes or fees
established or permitted by the State of Oklahoma:
Weekly Curbside Roll-Out Cart Service
(yard waste included in cart)
$11.60 per month/per cart
plus recycling fee of $1.00
Extra Yard Waste Service
(yard waste outside receptacle or cart)
$3.30 per month for up to 3
bags or bundles per pick up
Recycling fee of $1.00
Carry-out service
$17.00 per month plus
Recycling fee of $1.00
Elderly/Disabled Service
$8.10 per month/per cart
Recycling fee of $1.00
Other Extra Waste Service
To be established by
Administrative Rule
Each additional roll-out cart shall be 100% of the base rate. On the first day of solid
waste collection after Christmas, customers will be allowed to place additional bagged
solid waste outside their container (s) without additional charge.
Further, that said rate increase shall become effective on the August 1, 2008, monthly
billing statements for solid waste service. (Amended June 2, 2008, Ord. No. 1224)
(E)
A penalty fee of $1.00 shall be assessed for each bag or bundle of solid waste left
outside a roll-out cart in excess of the amount allotted to a customer pursuant to their
service agreement and for each time a roll-out cart is improperly loaded (i.e. excess
weight, or improper substances in cart) placed beyond service distance, or disposing of
food items outside the container. Each category is a separate penalty and shall be
subject to a penalty fee of $1.00.
In the event of such excess waste or improper loading or improper placement of the
roll-out cart, the solid waste collector may leave a notice with the customer. The form
of the notice to be approved by the City Manager. The collector shall provide a copy
of such notice to the Jenks Public Works Authority for its monthly billing purposes.
The City Manager is authorized to require a collector to take photographs of such
alleged violations to verify violations. If the violations are confirmed by the City
Manager or his/her designee, the customer violating the terms of the ordinance shall
be assessed $1.00 for each photo taken, to be reimbursed by the collector.
In the event a customer or collector is dissatisfied with a ruling by the City Manager or
designee of the existence or non-existence of a violation, such party shall have the
right to appeal such decision to the Jenks City Council by giving written notice of
such request to the Jenks City Clerk within ten (10) days after notification of such
decision. (Amended Ord. #888, May 6, 1996).
§ 9-1-9. Allocation of Insufficient Payment.
(A)
The user charges herein established for the collections and disposal of acceptable
residential solid waste shall be billed to each user monthly, along with the bill for
water and other utility services and penalties as are now or may hereafter be
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established for water service bills. No charge shall be made for services during periods
when the premises are disconnected from water service; provided, however, that in
those cases where water service is obtained from a source other than directly from the
JPWA, no allowance shall be made for vacancy or non-use until after sworn
notification of such vacancy on forms prescribed by the City shall have been received
by the authorized agent of the City and then only when such vacancy is longer than
one (1) full billing period.
(B)
In the event that any person, firm or corporation shall tender as payment of water
service, sewer service and solid waste service an amount insufficient to pay in full all
the charges so billed, credit shall be given first to the charges for solid waste service,
second to the charges for sanitary sewer service, and last to the charges for water
service.
(C)
In the event any utility account shall become delinquent, water services may be
terminated by the JPWA until all delinquent charges shall be paid in full.
(D)
In the event the solid waste service payment is insufficient and the customer is not a
water customer of the JPWA, the City Manager may discontinue solid waste service,
order the licensee to confiscate the roll-out cart if in use, and take any other actions
allowable under this Chapter to satisfy the unpaid balance.
(E)
The provisions for allocation of insufficient payments provided herein shall be in
addition to any rights or remedies which the City may have under the laws of the State
of Oklahoma.
§ 9-1-10. Cart Maintenance Fee and Demand to Surrender
(A)
Customers in possession of a roll-out cart provided for weekly cart service shall be
assessed a cart maintenance fee for carts which are damaged, destroyed or stolen due
to abuse or negligence of the customer. The cart maintenance fee shall equal the cost
of repair or actual cost of replacement of the cart. Repair costs shall be assessed at cost
of parts plus 50% for labor. The cart maintenance fee shall be added to the customer's
monthly bill. No portion of a cart maintenance fee shall exceed $10.00 in any billing
cycle in so long as the customer occupies the premises where collection occurs.
(B)
Carts shall be surrendered to the licensee providing solid waste collection upon
demand in writing when such demand is endorsed by the City Manager or designee.
Such demand may be made for lack of occupancy, non-payment, or abuse of the cart.
§ 9-1-11. Changes in Rates, Fees or Charges
(A)
The City Council shall review the Residential Solid Waste Service charges annually as
a part of the City budget process and shall establish rates to provide for the effective
and efficient operation of the Solid Waste Management system.
(B)
Upon notice of rate review by the City Manager, the residential Licensee shall furnish
any financial data relevant to the rate review within the time period specified by the
City Manager but which time period shall not be less than thirty (30) calendar days.
§ 9-1-12. Special Orders of City Manager.
(A)
All special orders of the City Manager or his designated representative regulating the
emptying or removal of solid waste from any premises or setting out the size and type
of authorized solid waste containers, shall be served, by mail or personally, on the
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owner or occupant, or by leaving the same at his residence or regular place of
business. Such owner or occupant of such premises shall comply with the order within
the time prescribed therein.
§ 9-1-13. Uncollected Solid Waste and Trash Declared a Nuisance.
(A)
Solid waste in containers uncollected or dumped in the open due to failure to provide
adequate containers or due to improper type of placing or maintenance of containers,
shall be declared a nuisance.
Article 2 Licenses, Collectors, Fees, Revocation of Licenses
§ 9-2-1 License Requirements.
(A)
The City of Jenks, or its designee, JPWA, upon application to the City Clerk and
approval by the City Manager, may license any responsible person, firm or
corporation, engaged in the business of collecting, removing and disposing of solid
waste within the City of Jenks on the effective date of this ordinance by type:
residential, residential-commercial, or commercial, but no additional license(s) shall
be issued except when it is determined by the City Council that additional licenses are
necessary to meet the requirements of the City's Solid Waste Management System.
(B)
Solid waste collectors licensed by the City of Jenks on the effective date of this
ordinance shall be eligible for re-licensure upon application and fulfilling the
requirements of this Chapter. However, to maintain an initial application under this
Section, solid waste collectors licensed by the City of Jenks as of the effective date of
this Ordinance, must make application to the City Clerk within thirty (30) days of the
effective date of the Ordinance, according to the service types herein provided under
this Chapter.
§ 9-2-2. Exemptions From License Requirement.
(A)
The following are hereby exempted from the licensing requirements of this chapter:
The United States, the State of Oklahoma, Tulsa County, the City of Jenks, the Jenks
Public Works Authority, The Metropolitan Environmental Trust, and School districts,
including their employees while acting in their official capacity in so far as the
exempted entities meet the environmental requirements of law.
§ 9-2-3. License Applications.
(A)
The applicant for a waste collector's license shall be the person or persons owning
and/or operating the solid waste collection operation and who can document an
existing customer base of at least 50 customers within the City of Jenks. If more than
two persons own or operate the operation, all said persons shall be the applicant.
Every application for a waste collector's license shall be made upon a form furnished
by the City Clerk and must be accompanied by a non-refundable one hundred dollars
($100.00) application fee before it may be processed. Applications shall contain all
information required by the City Clerk, which shall include but not be limited to the
following:
(1)
If applying as a sole proprietor or partnership, include the applicant's full, true
and correct name, date of birth, sex, height, weight, eye color, driver's license
number, driver's license type and expiration date, residence address and
telephone number, and mailing address (partnerships will list all partners
whether or not actively engaged in daily operations).
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(2)
If the applicant to be licensed is a corporation, joint venture, association, trust
or other similar entity, however organized, then the application shall contain
the following information:
(a) For Corporations: a full true and correct copy of the Corporation's
Certificate of Incorporation as required to be filed with the State of
Oklahoma or any other state, proof of payment of the state franchise tax,
and names and addresses of all corporate officers, members of the Board
of Directors, and stockholders owning twenty percent (20%) or more of
the corporate stock.
(b) The address, including street number, city and county of the corporation's
registered office and the name of the corporation's resident or registered
agent at such address.
(c) Any and all trade names or fictitious names by which applying person or
entity has been or is currently known.
(d) The full, true and correct name, residence address and telephone number,
business address and telephone number, and mailing address of the
business's chief executive or manager responsible for the management of
the business within the jurisdiction and control of the City of Jenks.
(3)
The person or persons identified as the applicant on the application form shall
be the person or persons to whom or which any notification required by this
chapter or the rules and regulations authorized by this chapter shall be
provided. When more than one name appears as the applicant, notice to any
such party shall be deemed notice to all.
(4)
An attached schedule of all vehicles used in providing waste collection
services, including an itemized listing of each vehicle's make, model, model
year, cab and body color, packer color, Oklahoma license tag number, vehicle
identification number (VIN), as well as any packer's make and capacity.
(5)
A listing of all satellite vehicles including make, model, and vehicle
identification number (VIN) used in association with the licensed vehicle(s).
(6)
A listing of all other communities and political subdivisions outside the
jurisdiction, control and corporate limits of the City of Jenks, but within
Tulsa, Wagoner, Osage, Rogers, Washington, Creek and Okmulgee counties
where solid waste is collected, removed and transported for disposal by the
applicant.
(7)
Information of any and all previous license revocations, cancellations,
suspensions and denials which occurred within three (3) years of the date of
application.
(8)
Information indicating the estimated monthly volume, where the collected
waste is to be taken for incineration, land filling, recycling, or other disposal
facility is permitted by the State of Oklahoma or the U.S. Environment
Protection Agency.
(9)
Indication of type of service, frequency of service, and schedule of fees in
conformity with the provisions of this chapter.
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(B)
(10)
A listing of all personnel including name, social security number, and date of
birth.
(11)
A sworn and notarized statement, signed by the applicant, declaring that the
information provided in the application is full, true and correct to the best of
the applicant's knowledge.
(12)
The City Manager may establish by Administrative Rule alternative means of
application information to facilitate difference in size and type of solid waste
collection operations.
Every licensee or applicant shall file with the City Clerk any information required
pursuant to this section which is newly acquired or otherwise at variance with that
licensee's or applicant's most recent application. Such information shall be filed within
thirty (30) days of the licensee's or applicant's first knowledge of the new or varied
information.
§9-2-4. Approval for License Issuance; Insurance Required.
(A)
No license application may be approved if the applicant possessed a solid waste or
similar collector license which was canceled or revoked within one (1) year prior to
the date the application is made.
(B)
The City Manager shall forward notice of approval of those applications meeting the
requirements of this chapter to the applicants and the City Clerk of the City of Jenks.
(C)
Upon approval for a waste collector's license, the approved applicant shall secure and
present to the City Clerk of the City of Jenks within five (5) business days a
Certificate of Insurance in a form acceptable to the City and issued by an insurance
company licensed and permitted to do business in the State of Oklahoma, providing
insurance coverage for each vehicle, including satellite vehicles, in the amount of fifty
thousand dollars ($50,000) for bodily injury or death to one person in any occurrence,
one hundred thousand dollars ($100,000) for bodily injury or death in any occurrence,
and property damage insurance in the amount of fifty thousand dollars ($50,000)
because of damage or destruction to the property of others in any one occurrence. In
addition, the Certificate of Insurance shall reflect general liability coverage of the
licensed applicant in an amount of not less than one hundred thousand dollars
($100,000).
(1)
Policies providing coverage shall run concurrently with the license period or
may be renewed annually, with evidence of same provided to the City Clerk,
without a lapse in coverage.
(2)
All Certificates of Insurance must contain a statement that at least ten (10)
days prior written notice of cancellation shall be given by the insurer to the
City Clerk. If any licensed waste collector, within ten (10) days of notice of
cancellation of insurance, shall fail to provide another policy of like kind, then
the waste collector's license shall immediately be canceled.
§ 9-2-5. License Number to be Displayed.
(A)
Upon approval of a license and submittal of approved Certificate of Insurance to the
City Clerk, the City Clerk shall issue a license number to be affixed to the driver's
door of each solid waste collection vehicle to be used within the City of Jenks, the
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numbers to be no less than two (2) inches tall and one-half (1/2) inch wide and applied
in such way as to become permanent.
§ 9-2-6. License Fees.
(A)
Each applicant approved by the City Manager for license issuance shall be assessed
three percent (3%) of the gross receipts for the solid waste collected within the City of
Jenks. The license fees shall become a receipt of the Jenks Public Works Authority.
All residential solid waste collection and disposal services shall be municipally billed
through JPWA and the license fee shall be deducted from the Licensee's gross
receipts. Such license fee shall be in addition to a five percent (5%) charge to the
Licensee for municipal billing services. The Jenks Public Works Authority shall remit
to the Licensee the applicable fees for his customer base, less the three percent license
fee, the five percent billing service fee, the applicable state fees, and any applicable
deposits. Such remittance shall be made to the Licensee by the 20th day after the prior
billing cycle. For non-residential customers. the Licensee shall be responsible for
billing and collections and shall remit to the City Clerk the three percent (3%) gross
receipts license fee for the same within twenty (20) days of the end of a previous
billing month and documentation of such gross receipts shall be provided to the City
Clerk upon demand by the City Manager.
(B)
All commercial rates shall be established by the commercial customers and Licensee
providing the service. JPWA, at its option, may provide commercial billing on the
same basis as residential billing.
§ 9-2-7. License Expiration.
(A)
Every residential or residential-commercial waste collector's license shall be issued for
a period not to exceed five (5) years; and, commercial only waste collector's license
shall be issued for a period not to exceed one (1) year. Each license may be renewable
upon application and the payment of the application fees as are required for any initial
issuance. Application for renewal shall be made at least one hundred eighty (180) days
prior to renewal for five (5) year licenses, and at least thirty (30) days prior to renewal
for one (1) year licenses. The City of Jenks shall act on applications for the issuance of
a license within thirty (30) calendar days of the date of application.
§ 9-2-8. License Denial, Cancellation, Conditioning or Revocation.
(A)
At the discretion of the City Manager and upon finding that a waste collector has
violated the provisions of this chapter, the City Manager is hereby authorized to:
(1)
Deny the application or cancel the license of any person omitting or
misrepresenting any material information in a license application and/or
failing to comply with any requirements of this chapter within ten (10)
working days of the date of mailing of a written notification of the omission or
misrepresentation. Cancellation shall render a waste collectors license null and
void from the date the decision to cancel the license becomes final; thereafter
a license may only be issued upon the submission of a new application,
accompanied by all appropriate fees.
(2)
Condition any license under which the licensee, his agents or employees have
failed to comply with any requirements of this chapter. Failure to correct the
conditions imposed by the City Manager may result in cancellation of the
license, additional conditions and/or penalties.
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(3)
The City Manager shall establish administrative rules to implement this
section. No license cancellation, conditions or penalties shall be imposed
without first providing an opportunity for a hearing with the City Manager or
designated representative. The decision of the City Manager or designated
representative may be appealed to City Council within ten (10) working days
of the date of mailing of a written notification of the City Manager's decision
to the applicant or licensee.
§ 9-2-9. Assignment or Surrender of License by Licensee.
(A)
No license shall be assigned by the licensee without the approval of the City Manager.
An application for assignment shall be made in the same manner as an application for
renewal, accompanied by all appropriate fees. In addition, the holder of the original
license shall certify in a format approved by the City Manager the request for
assignment and shall certify that there shall be no interruption in service to existing
customers serviced by the licensee.
(B)
Within thirty (30) days of the cessation of collection activities in the city, the licensee
shall surrender the license to the City Clerk.
§ 9-2-10. Waste Collection Cart Ownership.
(A)
Any licensee providing roll-out waste collection carts shall retain ownership to this
property in use by the customer. Within one year of the effective date of this
ordinance, said licensee shall provide roll-out cart service for all of said licensee's
customers, such cart to be to the specifications set forth in administrative rules. Upon
cancellation or revocation of a licensee providing cart service, or the failure to renew a
license by the licensee, the City of Jenks shall have the option to immediately acquire
the carts according to the value determined by the straight line method of depreciation.
(The useable life for purposes of this calculation is established at five (5) years with a
twenty-five percent (25%) salvage value at the end of the fifth year).
§ 9-2-11. Waste Management Restrictions.
(A)
Container Identification. A waste collector shall display on each container provided
by the licensee, a business name, trade name or license number, or serial number
which shall sufficiently identify the licensee providing waste collection services to the
establishment using or owning the waste container. Characters, letters and numbers
displaying the foregoing information shall be applied in such a way so as to become
permanent.
(B)
Hours of Collection. No person shall collect any solid waste inside the corporate limits
of the City of Jenks, within six hundred (600) feet of any residential dwelling unit
except between the hours of 6:00 a.m. and 8:00 p.m.
(C)
Vehicle Requirements. Any vehicle used in the collection, removal, transportation or
disposal of solid waste shall:
(1)
Be constructed and maintained in such a manner as will prevent any solid
waste from spilling, falling or blowing out of the vehicle on to any public
way, street, avenue, alley, highway, road, or any other public or private place,
except when being loaded or unloaded, and shall be completely and securely
covered to preclude any spill, fall, or blow out from the point of collection to
the point of final disposal.
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(D)
(2)
Display on all driver's side doors of each vehicle the waste collector's license
and vehicle number. Each number shall be at least two (2) inches high and
one-half ('/2) inch wide and applied in such a way as to become permanent.
(3)
Have available within the vehicle a valid license certificate issued by the City
Clerk. All expired or otherwise invalid certificates shall be immediately
removed.
(4)
Be parked no nearer than one hundred (100) feet from any residential building
if parked over six (6) consecutive hours while containing any solid waste.
(5)
Be reasonably clean and sanitized.
(6)
Lighting on the vehicle to alert the public is required. Lighting configurations
require approval by the City Manager or designated representative.
(7)
Be maintained in a safe, roadworthy condition. All such vehicles shall, at all
times, be subject to inspection by the Jenks Police Department or any of its
assistants, the Jenks Public Works Authority, or the Tulsa City-County Health
Department, who may prevent , the use of the same until same is put into such
condition as will comply with the provisions of this section.
Waste Spills. No person shall collect, remove or transport any solid waste, including
hazardous waste, in a manner so as to scatter or spill such waste, either at the point of
collection or while transporting the same for disposal. Any solid waste which is
scattered or spilled at any location other than the disposal site shall be immediately
retrieved and removed in its entirety. Immediately after collection, containers which
had been used to store solid waste shall be closed, and each lid or cover shall be
reasonably secured.
§ 9-2-12. Maintenance of Customer Records Required.
(A)
Every licensed waste collector shall maintain a full, true, current and legible list of all
customers and clients who are provided waste collection services, which list shall
include customer names, service addresses, waste container size or sizes, the
frequency of service measured in days per week, a brief description of the type of
customer or client being served and the characteristics of the solid waste collected.
The licensee shall provide such list to the City Clerk upon making application for a
residential or residential-commercial license in order that the Jenks Public Works
Authority may place such customers on its billing system. The licensee shall update
such list as needed to reflect new or terminated services, including those new
customers of the City /JPWA who are assigned to the licensee by contract under a
rotation system to be provided by administrative rules. Every commercial only
licensed waste collector shall provide customer records to the City Clerk upon demand
by the City Manager.
(B)
Customer records required by this section shall be maintained on a form approved by
the City Manager.
(C)
In order to satisfy any additional record keeping requirements of the City's solid waste
management system, a complete solid waste disposal manifest system and/or periodic
customer waste generation report may be required by administrative rule.
(E) Violations of this section shall be deemed sufficient cause for the cancellation or
conditioning of the waste collector's license pursuant to this chapter.
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§ 9-2-13. Use of Streets.
(A)
It is unlawful and a public offense for any person, for commercial gain, to haul or
transport any solid waste upon or over any of the streets, alleys or highways of the city
unless such person shall first have procured a license as herein provided.
(B)
The unauthorized or unlawful collection, transportation, and disposal of solid waste
within the City of Jenks except in conformity with the provisions of this chapter and
the administrative rules authorized by this chapter are hereby declared to be a nuisance
and a violation of this chapter and may be abated and/or grounds for prosecution in the
Jenks Municipal Court.
Article 3. Solid Waste Disposal and Containment.
§ 9-3-1. Unlawful Disposal of Solid Waste.
(A)
It shall be unlawful for any person to dump, deposit, throw, or in any manner leave or
abandon any solid waste, including but not limited to garbage, tin cans, bottles,
rubbish, rubble, yard wastes, refuse or trash on property owned by another person or
upon any public property, including but not limited to any street, road, park or
recreation areas, except in open dumps or sanitary landfills, by incineration, or other
disposal method licensed by the City of Jenks, the State of Oklahoma and/or any other
governmental agency having jurisdiction thereof.
§ 9-3-2. Unlawful Storage.
(A)
It shall be unlawful for any person to store or to accumulate, on any property owned or
controlled by that person, solid waste, unless the same is contained in the manner
which will prevent its being carried by wind, rain or other atmospheric conditions onto
the property of another person or onto public property.
§ 9-3-3. Receptacles to Be Provided For Business Invitees.
(A)
It shall be unlawful for any person owning, operating, managing or having supervisory
control of any establishment or place of business open to the public, or any operation,
to fail to provide in the area of establishment or operation open to the public sufficient
receptacles for the deposit and containment of the solid waste generated in connection
with the operation of the establishment.
§ 9-3-4. Presumptions.
(A)
Solid waste found on public or private property, other than that of the owner of the
waste, which contains three (3) or more items bearing a common address in a form
which tends to identify the latest owner of the items, shall be a refutable presumption
that all competent persons residing at such address or having supervisory control over
such premises committed an unlawful act.
Article 4. Penalty.
§9-4-1. Penalty.
(A)
Any person who violates any provisions of this chapter shall be guilty of an offense
and, upon conviction thereof, shall be punished by a fine of not more than one
hundred dollars ($100.00), plus court costs. Each day any such violation shall exist
shall be deemed a separate offense.
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Article 5.Approval by State Agencies.
§ 9-5-1. Approval by State Agencies.
(A)
Pursuant to Title 63, Oklahoma Statutes, Section 1-2412(a), the solid waste collection
and disposal provisions of this ordinance are subject to approval of the Oklahoma
State Department of Health or its successor. Any provision not so approved shall be
modified to the extent necessary to secure such approval.
Article 6. Effective Dates
§ 9-6-1. Effective dates.
(A)
Licensing requirements including provisions of customer list to the city clerk provided
for herein shall become effective upon the effective date of this ordinance. All other
provisions including JPWA billing shall be effective commencing September 1, 1993.
(Enacted Ord. #803, 6/21/93).
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CHAPTER 10
GENERAL AND MISCELLANEOUS PROVISIONS
Article 1. Definitions
§10-1-1. Masculine to Include Feminine and Neuter.
(A)
Words used in the masculine gender in this code or in other ordinances of the city
include the feminine and neuter unless a contrary intention plainly appears.
§10-1-2. Singular Number to Include Plural and Vice Versa.
(A)
Words used in the singular number in this code or in other ordinances of the city
include the plural, and the plural the singular, except where a contrary intention
plainly appears.
§10-1-3. "Person" Defined.
(A)
The word "person", when used in this code or in other ordinances of the city, includes
natural persons, corporations (private and public), partnerships and all other
unincorporated organizations, trusts, estates, governmental agencies, and other legal
entities, except when a contrary intention plainly appears.
§10-1-4. "City" Defined.
(A)
The word "city" when used in the ordinances of the city shall mean the "City of
Jenks".
§10-1-5. Statutory References.
(A)
Reference to the statutes of the State of Oklahoma means the statutes as they now are
or as they may be amended to be, and a reference to the 1971 Statutes also means the
comparable provision when included in future codifications.
Article 2. Ordinances in Effect in Outlying Territory of City
§10-2-1. Ordinances in Effect in Outlying Real Property of City.
(A)
All ordinances of the city now in effect within the city are hereby extended to all real
property belonging to, or under the control of, the city outside the corporate limits of
the city, and shall be in full effect therein insofar as they are applicable. All ordinances
of the city which shall go into effect in the future shall also apply to and be in full
effect within the boundaries of all said outlying real property, insofar as they may be
applicable. Any words in any ordinance indicating that the effect of an ordinance
provision is limited to the corporate limits of the city shall be deemed to mean and
include also the said outlying real property belonging to, or under the control of the
city, unless the context clearly indicates otherwise.
Article 3. Organizational Memberships.
§10-3-1. Authority to Secure Services.
(A)
The city is authorized to secure the services of the Oklahoma Municipal League and to
be a member thereof.
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(B)
Council may provide for membership in other organizations as allowed in the annual
budget.
Article 4. Miscellaneous Provisions
§10-4-1. Certain Ordinances Not Affected by Code.
(A)
Nothing in this Code or the ordinance adopting this Code shall be construed to repeal
or otherwise affect the validity of any of the following:
(1)
Any ordinance promising or guaranteeing the payment of money for the city,
or authorizing the issuance of any bonds of the city or any evidence of the
city's indebtedness;
(2)
Any appropriation ordinance or ordinance providing for the levy of taxes or
for an annual budget;
(3)
Any ordinance creating specific sewer and paving districts and other local
improvement districts or otherwise relating to specific local improvements
and special assessments therefore;
(4)
Any ordinances calling or otherwise relating to specific elections;
(5)
Any ordinance annexing territory to the city or excluding territory as a part of
the city;
(6)
Any ordinance granting any franchise, permit or other right;
(7)
Any ordinance accepting the beneficial interest in any trust created by a trust
indenture;
(8)
Any ordinance approving, authorizing or otherwise relating any contract,
agreement, lease, deed or other instrument;
(9)
The Jenks Zoning Ordinance of September 28, 1972 as amended;
(10)
Ordinance No. 422 regulating the subdivision of land, and amendments
thereto;
(11)
Any temporary or special ordinance; and all such ordinances are hereby
recognized as continuing in full force and effect to the same extent as if set
out at length herein.
§10-4-2. Civil relief for Code and Ordinance Violations.
(A)
No penalty imposed by and pursuant to this Code or other ordinance of the city shall
interfere with the right of the city to also apply to the proper courts of the state for a
mandamus, injunction or other appropriate action against a person who violates or is
about to violate any provision of this Code or other ordinance of the city.
§10-4-3. Severability of parts of Code and ordinances.
(A)
If a court of competent jurisdiction should hold one or more sections or a part of a
section of this Code or of an ordinance passed hereafter invalid, such holding shall not
affect the remainder of the Code or ordinance nor the context in which such section,
227
sections or part of a section so held invalid may appear, except to the extent that an
entire section or part of a section may be inseparably connected in meaning and effect
with the section, sections or part of a section so held invalid.
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229
Chapter 11
HEALTH AND SAFETY
Article 1. Toilet Facilities
§11-1-1. Definitions.
(A)
The term "human excrement" is used herein to mean the bowel and kidney discharge
of human beings.
(B)
The term "sanitary water closet" is used herein to mean the flush-type toilet which is
connected with a sewer line of such capacity and construction as to carry away the
contents at all times.
(C)
The term "sanitary pit privy" is used herein to mean a privy which is built, rebuilt, or
constructed so as to conform to the specifications approved by the State Health
Department. (Code 1972 §11-1)
§11-1-2. Owner to Provide Proper Toilet Facilities.
(A)
Every owner of a residence or other building in which humans reside, are employed,
or congregate within this city, shall install, equip, and maintain adequate sanitary
facilities for the disposal of human excrement, namely a sanitary water closet or
closets, or a sanitary pit privy or privies. The closets and toilets hereby required shall
be of the sanitary water-closet type when located within two hundred feet (200') of a
sanitary sewer and accessible thereto, and of the sanitary pit-privy type when not so
located.
(B)
The health department in writing may permit the installation and maintenance of a
water closet emptying into a septic tank, a liquefying closet, or a chemical closet in
lieu of a sanitary pit privy; and such, when permitted, must comply with the
requirements of the State Health Department and must not constitute a health hazard.
The health department shall revoke or cancel such permit when it deems that such a
closet or tank endangers the public health. (Code 1972, §11-12)
§11-1-3. Proper Disposal of Human Excrement Required.
(A)
All human excrement disposed of within this city shall be disposed of by depositing it
in closets and privies of. the type hereinafter provided for. It is unlawful for any owner
of property within the city to permit the disposal of human excrement thereon in any
other manner, or for any person to dispose of human excrement within the city in any
other manner. (Code 1972, §11-3)
§11-1-4. Toilets. Cleanliness, What May Be Put Into Them.
(A)
All privies shall be kept clean and sanitary at all times, and the covers of the seats of
privies shall be kept closed at all times when the privies are not being used. No wash
water, kitchen slop, or anything other than human excrement and toilet paper, shall be
emptied into a privy. No excrement from any person suffering from typhoid fever,
dysentery, or other serious bowel disease shall be deposited in any sanitary pit privy or
sanitary water closet until it is disinfected in such a manner as may be prescribed by
the city department of health. (Code 1972, §11-4.)
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Article 2. Milk and Milk Products
§11-2-1. Milk Ordinance Adopted.
(A)
The production, transportation, processing, handling, sampling, examination, grading,
leveling, and sale of all milk and milk products sold for the ultimate consumption
within the City of Jenks, or its police jurisdiction; the inspection of dairy herds, dairy
farms, and milk plants; the issuing and revocation of permits to milk producers,
haulers, and distributors shall be regulated in accordance with the provisions of the
Milk Ordinance -- 1965 Recommendations of the Public Health Service Revised to
Comply With Oklahoma State Statutes, as amended.
§11-2-1. Permit; Fee.
(A)
It is unlawful for any person to bring into, send into, or receive into the city or its
police jurisdiction, for sale, or to sell, or offer for sale therein, or to have in storage
where milk or milk products are sold or served any milk or milk products who does
not possess a permit from the Tulsa City County Health Department. The fee for such
permit shall be $2.50 per year, payable to the city clerk. (Code 1972, §11-6)
§11-2-3. Grade of Milk Which May Be Sold.
(A)
Only grade A pasteurized milk and milk products shall be sold to the final consumer,
or to restaurants, soda fountains, grocery stores or similar establishments. (Code 1972,
§11-7)
§11-2-4. Enforcement by Whom.
(A)
All sampling, examining, grading, and regrading of milk and milk products, and all
inspections, and issuing and suspension or revocation of permits shall be done by the
Director of the Tulsa City-County Health Department or his authorized representative,
who shall be a registered professional sanitarian. (Code 1972, §11-8)
Article 3. Food-Service Sanitation
§11-3-1. Food Service Sanitation Standards.
(A)
The definitions; the inspection of food-service establishments; the issuance,
suspension, and revocation of permits to operate food-service establishments; the
prohibiting of the sale of adulterated or misbranded food or drink; and the enforcement of this article shall be regulated in accordance with the rules and procedures of
the Tulsa City-County Health Department.
§11-3-2. Fee Required for Permit.
(A)
The fee required for a permit to operate a food service establishment shall be five
dollars ($5.00) per year, payable to the city clerk. (Code 1972, §11-11)
Article 4. Miscellaneous Provisions
§11-4-1. Intent of Chapter.
(A)
It is the intent of this Chapter to adopt all rules and regulations and standards imposed
by the Tulsa City-County Health Department governing health and safety, including,
but not limited to, sanitary facilities, food handling, and air pollution.
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Article 5. Food Handlers Permits
§11-5-1. Definitions.
(A)
"Food" defined. The term "food" as used herein, shall include all articles used for
food, drink, confectionery, or condiment by man or animal, whether the same be
simple or compound. Nothing in this chapter shall prevail over any provision relating
to anything defined in this section as food when a particular kind of such food has
other provisions relating to the same.
(B)
"Health Officer." The term "Health officer" means the director of the cooperative
health department of Tulsa County, Tulsa City-County Health Department or his
authorized representative.
§11-5-2. Diseased Persons.
(A)
No employer shall employ, permit, or suffer any person to work, nor shall any person
work, in a building or room or vehicle occupied or used for the production,
preparation, manufacture, packing, storage, sale, distribution, or transportation of
food, who is affected with any venereal disease, smallpox, diphtheria, scarlet fever,
yellow fever, tuberculosis or consumption, bubonic plague, Asiatic Cholera, leprosy,
trachoma, typhoid fever, epidemic dysentery, measles, mumps, German measles,
whooping cough, chickenpox, or any other infectious disease, and each employer must
know each and all employees to be free of any infectious, contagious or communicable disease. (Code 1972, §11-15.)
§11-5-3. Permits.
(A)
It is unlawful for any person to handle food, as defined in this article, in the City of
Jenks who does not have in his possession a current and unrevoked permit approved
by the Tulsa City County Health Department.
§11-5-4. Revocation of Permits.
(A)
The health officer may at any time revoke the permit of any person handling food for
failure to comply with the provisions of this article, or for acts of indolence or for acts
affecting the health of the public, and the permit may be reinstated only by the health
officer. (Code 1972, §11-16)
Article 6. Abatement of Health Nuisances
§11-6-1. Order of Abatement of Health Nuisances.
(A)
Order. Pursuant to authority granted by Title 63 of the Oklahoma Statutes §1-10ll and
as may be amended, any state, county, municipal health officer, or the City Manager
shall have authority to order the owner or occupant of any private premises in the city
to remove from such premises, at owner's or occupants own expense, any source of
filth, cause of sickness, condition conductive to the breeding of insects or rodents
which might contribute to the transmission of disease, or any other condition
adversely affecting the public health. Such removal shall be accomplished within 24
hours, or within such other time as may be reasonable, and failure to accomplish such
removal within the time limit granted shall constitute an offense.
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(B)
Notice. Such order from the applicable officer shall be in writing and may be served
personally on either the owner or the occupant of the premises, or any authorized
agent thereof. Service may be accomplished by the aforesaid officer, or by any state,
or county, or municipal peace officer, or a copy thereof may be left at the last known
usual place of abode of the owner or the occupant or the agent, if such place is within
the State of Oklahoma. If the premises are unoccupied and the residence of the owner
or agent is unknown, or if the residence is outside the State of Oklahoma, the owner
may be served by posting a copy thereof on the premises, or by publication in at least
one issue of a newspaper having general circulation in the city.
(C)
Enforcement. If the order given pursuant to subsections A and B is not complied with,
the officer issuing the order may cause the order to be executed and complied with,
and the costs of execution and compliance, which shall be 122% of actual costs together with the costs of removal or abating such a nuisance shall be certified to the
City Clerk and shall be added to the water bill or other city utility bill of the owner or
occupant, if he is a user of water from the city water system or such other utility
service. The City may use its own labor forces and equipment or may contract with
other parties for the abatement of the health nuisance. The costs shall be treated as a
part of the utility bill to which it is added and shall become due and payable, and be
subject to the same regulations relating to delinquency and payment, as the utility bill
itself.
At the City Manager's option, municipal officers shall certify the costs of execution
and compliance together with the costs of removal or abating such a nuisance to the
County Clerk, who shall add the same to the ad valorem taxes assessed against the
property. Such costs shall be a lien against the property until paid, and shall be
collected in the same manner as ad valorem taxes against the property, and when
collected shall be paid to the city for reimbursement of the funds used to pay such
cost.
(D)
Alternate Abatement Procedure. The provisions of this article may be used in lieu of
the abatement procedures contained in Chapter 13, §13-1-13 through §13-1-21 of the
Jenks City Code. (Added, Ord. #585, May 20, 1985)
Article 7. Penalty
§11-7-1. Penalty.
(A)
Any person who violates any provision of this chapter or of the Milk Ordinance or of
the rules and regulations of the Tulsa City-County Health Department adopted by this
chapter is guilty of an offense, and upon conviction thereof, shall be punished by a
fine of not more than one hundred dollars ($100.00) plus court costs. Each day upon
which a violation continues shall be deemed as a separate offense. (Amended Ord.
#534, Nov. 21, 1983.)
Article 8. Disposal of Hypodermic Syringes, etc.
§11-8-1 Prohibition Against Improper Disposal of Hypodermic Syringes, Needles, and Other
Such Objects.
(A)
It shall be unlawful for any person to improperly dispose of hypodermic syringes,
needles, or other objects used or intended for use in injecting or removing substances
into or from the human body or that of animals. Any person who disposes of such
objects must first seal the point of the needle or the sharp edge of the object into a
container adequately capable of containing the pointed needle or sharp edges of the
object so as to prevent accidental injury to humans, domestic animals, or livestock.
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(B)
When such objects are disposed of through ordinary domestic trash collection
services, it shall be unlawful for the owner, occupier, or person in possession of the
premises to dispose of or allow the disposal of such objects prior to rendering them
safe from causing accidental injury, whether such disposal is performed personally or
through the assistance of others. (Enacted Ord. 785, August 3, 1992.)
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235
Chapter 12
MUNICIPAL COURT
Article 1. Municipal Court; Creation, Procedure, etc.
§12-1-1. This Article to Govern Municipal Court.
(A)
This article shall govern the organization and operation of the municipal court of the
City of Jenks, Oklahoma, as put into operation by resolution duly passed on the 3rd
day of February, 1969, and filed in accordance with law, as authorized by Title 11,
Oklahoma Statutes, Section 27-101 and 27-102. To the extent of conflict between any
provisions of this article and the provisions of any other ordinance of this city, the
provisions of this article shall control. Said Court shall be operative on and after the
3rd day of February, 1969. (Code 1972, § 18-1.)
§12-1-2. Definitions.
(A)
As used in this article, unless the context requires a different meaning, the following
words shall mean:
(1)
"Court" means the municipal court of this city.
(2)
"Judge" means the judge of the municipal court aforesaid, including any
acting judge or alternate judge thereof, as provided for by the statutes of this
state and this article.
(3)
"Municipality" or "this municipality" means the City of Jenks, Oklahoma.
(4)
"Clerk" means the clerk of this municipality, including any deputy or member
of the office staff of the clerk while performing duties of the clerk's office.
(5)
"Governing body" means the city council of the City of Jenks, Oklahoma.
(6)
"Chief of Police" means the peace officer in charge of the police force of the
municipality.
(7)
"This judicial district" means the District Court judicial district of the State of
Oklahoma wherein the government of this municipality is situated. (Code
1972, §18-2.)
§12-1-3. Jurisdiction.
(A)
The court shall exercise original jurisdiction to hear and determine all prosecutions
wherein a violation of any ordinance of this municipality is charged, including any
such prosecutions transferred to the court in accordance with applicable law. (Code
1972, §18-3.)
§12-1-4. Municipal Judge: Qualifications, etc.
(A)
There shall be one judge of the court. A judge must be duly licensed to practice law in
the State of Oklahoma and a resident of Tulsa County. He may engage in the practice
of law in other courts, but he shall not accept employment inconsistent with his duties
as judge, or arising out of facts which give rise to or are connected with cases within
236
the jurisdiction of the court pending therein or which might become subject of
proceedings therein. (Code 1972, §18-4.)
§12-1-5. Same. Term.
(A)
The official term of the judge shall be two years, expiring on the first Monday in June
of each odd numbered year. (Code 1972, §18-5.)
§12-1-6. Alternate Judge.
(A)
There may be appointed for each judge of the court, an alternate judge, possessed of
the same qualifications as the judge. His appointment shall be for the same term and
made in the same manner as the judge. He shall sit as acting judge of the court in any
case if the judge is (1) absent from the court, (2) unable to act as judge, or (3)
disqualified from acting as judge in the case. (Code 1972, §18-6.)
§12-1-7. Acting Judge.
(A)
If, at any time, there is no judge or alternate judge duly appointed and qualified,
available to sit as judge, the mayor shall appoint some person as judge, who shall
preside as acting judge over the court, in the disposition of pending matters until such
time as a judge or alternate judge shall be available. (Code 1972, §18-7.)
§12-1-8. Appointment.
(A)
Judges and alternate judges shall be appointed by the mayor with the consent of the
governing body. A proposed appointment shall be submitted in writing to the
governing body at the next to the last regularly scheduled meeting prior to the day
upon which the appointment is to take effect, and shall be acted upon at the next
regularly scheduled meeting. The governing body may decide upon the proposed
appointment by a majority vote of a quorum present for acting. Failure of decision
upon a proposed appointment shall not prevent action thereon at a later regularly
scheduled meeting of the governing body, unless the mayor, in writing, withdraws the
proposed appointment.
§12-1-9. Compensation.
(A)
A presiding judge shall receive a monthly salary to be paid in the same manner as the
salaries of other officials of this municipality.
(B)
An alternate judge or an acting judge shall be paid for each day devoted to the
performance of his duties, except that for any month, the total payments so calculated
shall not exceed the salary of the judge in whose seat he sits. An alternate or acting
judge who sits for an entire month shall receive the amount specified as the salary of
the judge in whose seat he sits. (Code 1972, §18-9.)
§12-1-10. Removal of Judges.
(A)
Judges shall be subject to removal from office by the governing body for the causes
prescribed by the Constitution and laws of this state for the removal of public officers.
(Code 1972, §18-10.)
§12-1-11. No Change of Venue; Disqualification of Judge.
(A)
In prosecutions before the court, no change of venue shall be allowed, but the judge
237
before whom the case is pending may certify his disqualification or he may be
disqualified from sitting under the terms, conditions and procedure provided by law
for courts of record. If a judge is disqualified, the matter shall be heard by an alternate
or acting judge appointed as provided in this article. (Code 1972, §18-12.)
§12-1-12. Police Chief to be Principal Officer of Court.
(A)
All writs or process of the court shall be directed, in his official title, to the chief of
police of this municipality, who shall be the principal officer of the court. (Code 1972,
§18-13.)
§12-1-13. Clerk of Court.
(A)
The clerk, or a deputy designated by him, shall be the clerk of the court. He shall assist
the judge in recording the proceedings of the court and in preparing writs, processes,
and other papers. He shall administer oaths required in proceedings before the court.
He shall enter all pleadings, processes, and proceedings in the dockets of the court. He
shall perform such other clerical duties relating to the proceedings of the court as the
judge shall direct. He shall receive and receipt for forfeitures, fees, deposits, and sums
of money payable to the court. He shall pay to the treasurer of this municipality, daily,
all money so received by him, except such special deposits or fees as shall be received
to be disbursed by him for special purposes. All money paid to the treasurer shall be
placed in the general fund of the municipality, or in such other fund as the governing
body may direct, and it shall be used in the operation of the municipal government in
accordance with budgetary arrangements governing the fund in which it is placed.
(Code 1972, §18-14.)
§12-1-14. City Attorney.
(A)
The attorney for this municipality, or his duly designated assistant, shall be the
prosecuting officer of the court. He shall prosecute all alleged violations of the
ordinances of the city.
He shall be authorized, in his discretion, to prosecute and resist appeals, proceedings
in error, and review from this court to any other courts of the State, and to represent
this municipality in all proceedings arising out of matters in this court. (Code 1972,
§18-15.)
§12-1-15. Clerk to be Bonded.
(A)
The clerk of the court shall give bond in the form provided by 11 Oklahoma Statutes
1977 Supp. §27-111, in the sum of two thousand dollars ($2,000.00). When executed,
said bond shall be submitted to the governing body for approval. When approved, it
shall be filed with the clerk of this municipality and retained in the municipal archives.
§12-1-16. Judge May Prescribe Rules.
(A)
The judge may prescribe rules consistent with the laws of the state and with
ordinances of this municipality, for the proper conduct of the business of the court.
(Code 1972, §18-17.)
§12-1-17. Judge may enforce obedience.
(A)
Obedience to the orders, rules, and judgments made by the judge or by the court may
be enforced by the judge, who may fine or imprison for contempt committed as to him
238
while holding court, or committed against process issued by him, in the same manner
and to the same extent as the District Courts of this state. (Code 1972, §18-18.)
§12-1-18. Procedure-Judicial Notice of Statutes and Ordinances-Writs and Process-Service of
Arrest Warrant.
(A)
The rules of procedure in this municipal court shall be the same as is now provided by
law for the trial of misdemeanors. The court shall take judicial notice of state statutes
and the ordinances of this municipality. Writs and processes of the court may be
issued by the judge or clerk thereof to any proper office. All writs and processes of
the municipal court wherein a violation of a municipal ordinance is charged shall be
directed to the chief of police of the municipality or to some other appropriate peace
officer. A law enforcement officer of this municipality issuing an arrest warrant may
serve such warrant any place in Tulsa County.
§12-1-19. Style of Prosecutions; Complaints.
(A)
All prosecutions for violation of ordinances of this municipality shall be styled "The
City of Jenks, Oklahoma vs. (naming defendant or defendants)". Except as provided
hereinafter, prosecutions shall be initiated by the filing of a written complaint,
subscribed and verified by the person making complaint, and setting forth concisely
the offense charged. (Code 1972, §18-19.)
§12-1-20. Arrests for Offense-Methods of Release.
(A)
Whenever a resident of this municipality is arrested for the violation of any ordinance,
traffic or non-traffic, by a law enforcement officer, the officer shall immediately
release such person if he acknowledges receipt of a citation by signing it unless it
reasonably appears to the officer that the person may cause injury to himself or others
or damage to property if released or that the person will not appear in response to the
citation. If such person fails to appear in response to the citation a warrant shall be
issued for this arrest and his appearance shall be compelled.
(B)
Whenever a resident of this municipality is arrested by a law enforcement officer for
the violation of any ordinance and is not released by being permitted to sign a citation
as provided in subsection A of this section, he shall be admitted to bail either before or
after arraignment, or released on his own recognizance.
(C)
Whenever a nonresident of this municipality is arrested for a violation, other than a
traffic violation, by a law enforcement officer, the defendant shall be eligible to be
admitted to bail either before or after arraignment.
(D)
A person who is arrested for a municipal traffic violation by a law enforcement officer
shall comply with the procedures provided by law in Section 1114.1 of Title 22 of the
Oklahoma Statutes for state traffic violations with respect to release of the arrested
person and the methods of posting bail shall apply:
(1)
Posting cash bail;
(2)
Depositing with the arresting officer a "guaranteed arrest bond certificate"; or
(3)
Depositing with the arresting office a valid license to operate a motor vehicle,
in exchange for a receipt therefore issued by the arresting officer, which shall
be recognized as an operator's license and shall authorize the person's
operation of a motor vehicle to the date of his hearing but not to exceed
239
twenty (20) days.
(E)
The amount and conditions of bail granted under subsections B and C of this section
shall be determined by the judge who shall prescribe rules for the receipt of bail and
for the release by recognizance. In the event of arrests at night, or other emergency, or
when the judge is not available, the chief of police or his designated representative
shall be authorized by the judge under such conditions as shall be prescribed by the
judge to accept a temporary cash bond in a sufficient amount to secure the appearance
of the accused, but in no event shall the cash bond be more than the maximum fine
provided by ordinance for each offense charged. The chief of police or his designated
representative is authorized subject to such conditions as shall be prescribed by the
judge to release a resident of the municipality on his own recognizance.
(F)
If the alleged offense be a violation or an ordinance restricting or regulating the
parking of vehicles, including any regulations issued under such an ordinance, and the
operator be not present, the police officer shall place on the vehicle, at a place
reasonably likely to come to the notice of the operator, a citation conforming
substantially to that prescribed in subsection (a) of this section, with such variation as
the circumstances required. The operator of the vehicle shall be under the same
obligation to respond to the citation as if it had been issued to him personally under
subsection ( A) (Code 1972, §18-20.)
§12-1-21. Summons; Warrant of Arrest.
(A)
Upon the filing of a complaint charging violation of an ordinance, the judge, unless he
determines to issue a warrant of arrest, or unless the defendant previously has been
issued a citation or has been arrested and has given bond for appearance, shall issue a
summons, naming the person charged, specifying his address or place of residence, if
known, stating the offense with which he is charged and giving him notice to answer
the charge in the court on a day certain, containing a provision for the official return of
the summons, and including such other pertinent information as may be necessary.
(B)
The summons shall be served by delivering a copy to the defendant personally. If he
fails to appear and to answer the summons within the prescribed period, a warrant
shall be issued for his arrest, as provided by this article. (Code 1972, §18-22.)
§12-1-22. Warrant of Arrest.
(A)
Except as otherwise provided in the article of this municipality, upon the filing of a
complaint approved by endorsement by the attorney for this municipality or by the
judge, there shall be issued a warrant of arrest, in substantially the following form:
The City of Jenks, Oklahoma, to the Chief of Police of the City of Jenks, Oklahoma.
Complaint upon oath having this day been made by (naming complainant) that the
offense of (naming the offense in particular but general terms) has been committed
and accusing (name of defendant) thereof, you are commanded therefore, forthwith, to
arrest the above named (name of defendant) and bring
before me at
.
(Insert him,
her or them as appropriate)
(Naming the place)
Witness my hand this
day of
,
.
Judge of the Municipal Court of the
City of Jenks, Oklahoma
240
(B)
It shall be duty of the aforesaid chief of police, personally or through a duly
constituted member of the police force of this municipality, or through any other
persons lawfully authorized so to act, to execute said warrant as promptly as possible.
(Code 1972, §18-23.)
§12-1-23. Bail.
(A)
Upon arrest, or upon appearance without arrest in response to citation or summons, or
at any other time before trial, before or after arraignment, the defendant shall be
eligible to be released upon giving bail for his appearance in an amount and upon
conditions fixed by the judge, who shall prescribe appropriate rules of court for the
receipt of bail. In case of arrests made at night or under conditions of emergency or
when the judge is not available, the rules shall authorize the chief of police, or his
designated representative, to accept a temporary cash bond for no more than the
maximum monetary penalty provided by ordinance for such offense charged.
§12-1-24. Arraignment; Pleading.
(A)
Upon making his appearance before the court, the defendant shall be arraigned. The
judge, or the attorney of the municipality, shall read the complaint to the defendant,
inform him of his legal rights, including the right of trial by jury, if available, and of
the consequences of conviction, and ask him whether he pleads guilty or not guilty. If
the defendant pleads guilty, the court may proceed to judgment and sentence or may
continue the matter for subsequent disposition. If the plea is not guilty, and the case is
not for jury trial, the court may proceed to try the case, or may set it for hearing at a
later date. (Code 1972, §18-25.)
§12-1-25. Postponement.
(A)
Before trial commences, either party, upon good cause, may obtain a reasonable
postponement thereof. (Code 1972, §18-26.)
§12-1-26. Defendant Must Be Present.
(A)
The defendant must be present in person at the trial. (Code 1972, §18-27.)
§12-1-27. Procedure.
(A)
In all trials, as to matters not covered in this article, or by the statutes relating to
municipal courts, or by rules duly promulgated by the Supreme Court of Oklahoma,
the procedure applicable in trials of misdemeanors in the District Courts shall apply to
the extent that they can be made effective. (Code 1972, §18-28.)
§12-1-28. Judgment and Sentence.
(A)
If the defendant pleads guilty or is convicted after trial, the court must render
judgment thereon, fixing, the penalty within the limits prescribed by the applicable
ordinance and imposing sentence accordingly. (Code 1972, §18-29.)
§12-1-29. Judgment to Be Rendered.
(A)
At the close of trial, judgment shall be rendered by the judge, who will cause it to be
entered in his docket. (Code 1972, §18-30.)
241
§12-1-30. Acquittal.
(A)
If judgment is of acquittal, and the defendant is not to be detained for any other legal
cause, he must be discharged at once. (Code 1972, §18-31.)
§12-1-31. Suspension of Sentence.
(A)
After conviction and sentence, the judge may suspend sentence, in accordance with
the provisions of and subject to the conditions and procedures imposed by Title 11,
Oklahoma Statutes, §27-123 and 27-124.
§12-1-32. Defendant to Pay Costs.
(A)
The Clerk of the Court shall tax the defendant in a sum not exceeding thirty
dollars ($30.00) plus the fees and mileage of jurors and witnesses, all of which
the defendant shall pay, in addition, to any fine or administrative fees that may
be imposed, and in addition to any State mandated fees or costs. No Court cost
will be assessed for parking or seat belt violations. (Amended June 15, 2009,
Ord.# 1252)
§12-1-33. Trial by Jury.
(A)
In all prosecutions for violations of ordinances punishable by fine of more than five
hundred dollars ($500.00), plus costs, or by imprisonment or by both fine and
imprisonment, trial shall be by jury unless waived by the defendant. If trial by jury is
waived, trial shall be to the Court. (Code 1972, §18-34. (11§27-119) Amended 1982.
(Ord. #534. Nov 21, 1983.) (Amended Ord. #1180, Oct. 16, 2006.)
§12-1-34. Waiving Trial by Jury.
(A)
At arraignment, the defendant shall be asked whether he demands or waives trial by
jury. His election shall be recorded in the minutes of the arraignment and entered on
the docket of the court respecting proceedings in the case. (Code 1972, §18-34.)
§12-1-35. Changing Election to Waive Jury Trial.
(A)
An election waiving jury trial made at arraignment may be changed by the defendant
at any time prior to the day for which trial by the court is set; an election demanding
jury trial may be changed at any time prior to the commencement of proceedings to
impanel the jury for the trial, but if that change occurs after the case has been set for
jury trial, it may not thereafter be rechanged so as again to demand trial by jury. (Code
1972, §18-36.)
§12-1-36. Selection of Jury.
(A)
Whenever a calendar has been made up for the trial of cases by jury, the judge shall
request in writing, the presiding judge of the District Court for this judicial district to
cause the names of a stated number of jurors, deemed sufficient to dispose of the cases
on the calendar, to be drawn from the jury wheel in accordance with the governing
statutes of the state, and to be certified by the Clerk of the District Court to the judge
of the municipal court. The request shall be made in time for the list to be certified and
the jurors to be summoned legally before the trial of the calendar begins. If it is
anticipated that the completion of the calendar will require more than two weeks, the
request for jurors shall specify the number required for each two (2) week period, as
provided by law for the drawing of jurors for the District Court, additional drawing of
242
other names also may be requested by the judge when necessary, in accordance with
the law for such additional drawings in the District Court. If, in the future, provisions
of the law respecting the drawing of jury lists for the District Court are changed, the
judge shall take such steps, in requesting jury lists for the court, as are necessary to
comply with the state law. (Code 1972, §18-37.)
§12-1-37. Summons to Jurors.
(A)
Upon receipt of the jury list, the clerk of the court shall cause a summons substantially
in the following form to be issued and served upon each person on the list:
STATE OF OKLAHOMA
COUNTY OF TULSA ) SS
)
To (name of juror) Greeting: You are hereby summoned to appear in the Municipal
Court for the City of Jenks, Oklahoma, to be held at (specify the address, room
number, etc.) on the
day of ,_____, at the hour of (specify hour) to serve as a
juror in said Court, and to continue in such service until discharged by the Court.
Hereof fail not, under penalty of law.
Issued under the authority of said court, this
day of ___
,
.
_______
Clerk of the Municipal Court of
Jenks, Oklahoma
(SEAL OF COURT)
(B)
Service shall be made as the judge may prescribe by rule or direct by order, either in
person upon the juror by the Chief of Police, or by any member of the police force of
this municipality, or by the clerk of the court, through certified mail, directed to the
juror at his address as given in the jury list, with request for a personally signed return
receipt. In any proceeding wherein service of summons by mail is in issue, evidence of
the due mailing of the summons by the clerk or a member of his staff and the
presentation of an official postal return receipt purportedly signed by the addressee,
and, therefore, that he was properly served therewith. (Code 1972, §18-38.)
§12-1-38. Constitution of Jury; Qualifications.
(A)
A jury in the Court shall consist of six jurors, good and lawful men or women, citizens
of the County of Tulsa, State of Oklahoma, possessing the qualifications of jurors in
District Court. (Code 1972 §18-39)
§12-1-39. Jurymen to Sit Together, etc.
(A)
After the jurors are sworn, they must sit together and hear the proofs and oral
arguments of the parties, which must be delivered in public and in the presence of the
defendant. (Code 1972, §18-40.)
§12-1-40. Verdict Rendered by Vote of Five Jurors.
(A)
A verdict of the jury may be rendered by the vote of five (5)-jurors. (Code 1972, §1841.)
§12-1-41. Judge to Determine Questions of Law.
(A)
In all actions tried before a jury, the judge shall determine all questions of law,
including questions as to the introduction of evidence, arising during the trial. He also
243
shall instruct the jury as to the law. (Code 1972, §18-42.)
§12-1-42. Jury Verdict.
(A)
The verdict of the jury, in all cases, must be general. When the jury has arrived at its
verdict, it must deliver the verdict publicly to the court. The judge must enter the
verdict in the docket or cause it to be so entered. (Code 1972, §18-43.)
§12-1-43. Discharge of Jury.
(A)
The jury must not be discharged after the cause is submitted to it until a verdict is
rendered, unless the judge, for good cause, discharged it sooner, in which event the
Court may proceed again to trial, and so on, until a verdict is rendered. (Code 1972,
§18-44.)
§12-1-44. Compensation of Jurors.
(A)
Jurors shall receive for their services the sum of seven dollars fifty cents ($7.50) per
day, plus mileage at the rate of twenty cents ($.20) per mile necessarily traveled by the
most direct route in going to and from the court from their respective places of
residence. The claims for such compensation shall show the location of the juror's
residence and the route and miles traveled, and must be verified as other claims
against the municipality are verified. Jurors shall be paid out of the general funds of
the municipality. (Code 1972, §18-45.)
§12-1-45. Judgment of Imprisonment.
(A)
If, after conviction, judgment of imprisonment is entered, a copy thereof, certified by
the clerk, shall be delivered to the Chief of Police, the Sheriff of the County, or other
appropriate Police Officer. Such copy shall be sufficient warrant for execution of the
sentence. (Code 1972, §18-46.)
§12-1-46.
Pay.
(A)
Enforcement of Payment of Fines or Costs by Imprisonment-Persons Unable to
If a defendant who is financially able refuses or neglects to pay a fine or costs or both,
payment may be enforced by imprisonment until the same shall be satisfied at the rate
of Five Dollars ($5.00) per day. If the defendant is without means to pay the fine or
costs, the municipal judge may direct the total amount due to be entered upon the
court minutes and to be certified to the district court in this county, where it shall be
entered upon the district court judgment docket and shall have the full force and effect
of a district court judgment. Thereupon the same remedies shall be available for the
enforcement of the judgment as are available to any other judgment creditor.
§12-1-47. Working Prisoners.
(A)
All prisoners sentenced to jail on conviction or on plea of guilty may, if their health
permits, be permitted to work on the public streets, avenues, alleys, parks, buildings,
or other public premises or property. For each day of such work, the prisoner shall be
credited for serving two (2) days of imprisonment under his sentence.
(B)
The Chief of Police, subject to the direction of the city manager, shall direct where the
work shall be performed. The head of the department in charge of the place where the
work is to be performed, himself or by some person designated by him, shall oversee
the work. If a guard is necessary, the Chief of Police shall make provisions therefore.
244
(Code 1972, §18-47.)
§12-1-48. Traffic Violations Bureau.
(A)
There shall be a schedule of fines which a defendant in the Municipal Court of the
City of Jenks may pay in lieu of their appearance before the Court and which payment
shall be a final determination of the cause against the defendant which will expedite
and assist in the administration of justice. (Code 1972, §18-48.) The schedule of fines
shall be approved by the City Council.
§12-1-49. Deleted.
§12-1-50. Collection of Fines.
(A)
The Traffic Violations Bureau shall be conducted by the Court Clerk, and she shall be
responsible for the collection of fines and costs as herein provided. (Code 1972, §1850.)
§12-1-51. Age Limitation on Pleas.
(A)
Pleas of guilty and the payment of fines and costs will not be accepted from persons
under the age of eighteen (18) unless accompanied by their parent or guardian. (Code
1972, §18-51.)
§12-1-52. Privilege Available Only Prior to Trial.
(A)
A plea of guilty and the payment of a fine and cost, as posted in the fine schedule,
unless otherwise provided herein, shall be paid before the scheduled court appearance;
and upon failure to do so, the Court will determine the fine to be paid. (Code 1972,
§18-52.)
§12-1-53. Personal Recognizance Bonds.
(A)
Whenever a person is halted by a policeman for any violation of a City Ordinance, and
the person is a resident of the City of Jenks, he may give his written promise to appear
at the Court by signing his name to at least one (1) copy of the Citation; and the officer
may allow the person to remain at liberty. (Code 1972, §18-53.)
§12-1-54. Bond Violation.
(A)
It shall be unlawful for any person to violate his written promise to appear given to an
officer upon the issuance of a citation regardless of the disposition of the charge for
which such citation was originally issued. (Code 1972, §18-54.)
§12-1-55. Bail Bond.
(A)
When the person is so taken into custody and no magistrate is available, he shall be
admitted to his freedom upon posting bail in an amount no more than the maximum
monetary penalty provided by ordinance for such offense charged.
§12-1-56. Bond Forfeitures.
(A)
In those cases in which bail is posted, the person may forfeit his bail in which case the
forfeiture will be treated as a plea of guilty and the bail applied to the fine and cost as
hereinbefore provided. See 11 § 27-118. (Code 1972, §18-57.)
245
§12-1-57. Bench Warrants.
(A)
In those cases requiring a court appearance, the court may accept the forfeiture of the
bond and apply it to the fine and cost or forfeit the bond and issue a warrant for the
arrest of the person failing to appear. (Code 1972, §18-58.)
§12-1-58. Penalty for Non-Appearance.
(A)
In those cases in which a person has given his written promise to appear and fails to
do so, that person shall upon conviction of his willful failure to appear, be fined in an
amount not to exceed one hundred dollars ($100. 00) plus costs. Further, a bench may
issue for his arrest for his failure to appear. Further that such conviction for failure to
appear shall not affect the underlying offense for which the person failed to appear.
§12-1-59. Processing Fee Under State and Municipal Traffic Bail Bond Procedure Act.
(A)
There shall be imposed a processing fee of $10.00 assessed for processing
documentation to the Oklahoma Department of Public Safety demonstrating that an
individual is qualified for reinstatement of their driver's license after said license has
been suspended for failure to comply with the Court appearance provisions of the
State and Municipal Traffic Bail Bond Procedure Act. (Enacted Ord. #648, June 25,
1987.)
§12-1-60. Administrative Fee for Deferred Sentencing.
(A)
The judge of the municipal court may continue or delay imposing a judgment and
sentence for a period of time not to extend six (6) months from the date of sentence, at
the expiration of such period of time the judge may allow the municipal attorney to
amend the charge to a lesser offense.
(B)
If a deferred sentence is imposed, an administrative fee not to exceed two hundred
dollars ($200.00) may be imposed as costs in the case. (Enacted Ord. #667, Jan. 18,
1988). (Amended Ord. #1102, July 6, 2004).
§12-1-61. Oklahoma State Bureau of Investigation Laboratory Analysis Fee.
(A)
Any person convicted of violating an ordinance of the City of Jenks shall pay an
Oklahoma State Bureau of Investigation laboratory fee in the amount of one hundred
fifty dollars ($150.00) for each offense if forensic science or laboratory services are
rendered or administered by the Oklahoma State Bureau of Investigation in connection
with the case.
(B)
The court clerk shall cause to be deposited the amount of $150.00, if collected, for
every conviction as above described. The court may retain two percent (2%) of such
monies to cover administrative costs. The court clerk shall remit the remainder of the
monies in the fund on a monthly basis to the Oklahoma State Bureau of Investigation.
(Enacted Ord. #667, Jan. 18, 1988).
Article 2. Penalty.
§12-2-1. Penalty.
(A)
The maximum fine or deferred fee in lieu of a fine for violations as set out in this code
shall not exceed a fine of eight hundred dollars ($800.00), plus court costs and
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administrative fees for deferred sentencing and laboratory analysis fees where
applicable, or imprisonment in jail for not to exceed thirty (30) days or both such fines
and imprisonment. (Amended, Ord. #534, Nov. 21, 1983.) (Amended Ord. #1180,
Oct. 16, 2006.)
Article 3. Collection Fee
§12-3-1. Collection fee.
(A)
A collection fee of up to thirty-five percent (35%) of Court penalties, costs, fines and fees
in cases where the accused has failed to appear or otherwise failed to satisfy a monetary
obligation imposed by the court may be added to any such case which is referred to a
collection agency for collection, such amount to be based upon the contracted amount
between the City and the collection agency. (Amended June 15, 2009, Ord.# 1252
and September 10, 2009 Ord.# 1260 )
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Chapter 13
NUISANCES
Article 1. Nuisances Defined. Powers & Duties
§13-1-1. General.
(A)
The provisions of this chapter relating to nuisances are enumerative of and additional
to all other rights, authorities, duties and powers imposed upon or vested in any city
official, board or commission by ordinance or law. (Code 1972, §6-1.)
§ 13-1-2. Application.
(A)
Nothing in this chapter shall be construed to apply to any public or private nuisances,
either by way of definition or procedure for the prevention, removal or abatement or
for the punishment thereof for the installation, construction, maintenance or operation
of the same, where such provisions shall conflict with any other ordinance or part
thereof relating to the same, and where such other provisions severally or jointly are
adequate and effective in accomplishing the desired purpose. (Code 1972, §6-2.)
§13-1-3. Defined.
(A)
A nuisance consists in unlawfully doing an act, or omitting to perform a duty within
the City of Jenks, which act or omission either:
(1)
Annoys, injures or endangers the comfort, repose, health or safety of others;
or
(2)
Offends decency; or
(3)
Unlawfully interfered with, obstructs or tends to obstruct, or renders dangerous for passage, any lake or navigable river, stream, canal or basin, or any
public park, square, alley, sidewalk, street or highway; or
(4)
In any way renders other persons insecure in life, in their person or in the use
of property. (Code 1972, §6-3.)
§13-1-4. Public Nuisance Defined.
(A)
A public nuisance is one which affects at the same time, an entire community or
neighborhood, or any considerable number of persons, although the extent of the
annoyance or damage inflicted upon the individuals may be unequal (Code 1972, §64).
§13-1-5. Private Nuisance Defined.
(A)
Every nuisance not included in the definition of §13-1-4 is defined as a private
nuisance. (Code 1972, §6-5.)
§13-1-6. Nuisance - Authority of Law.
(A)
Nothing which is done or maintained under the express authority of law can be
deemed a nuisance. (Code 1972, §6-6.)
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§13-1-7. Successive Liability.
(A)
Every successive owner of property who neglects to abate a continuing nuisance upon,
or in the use of such property, created by a former owner, is liable therefor in the same
manner as to the one who first created it. (Code 1972, §6-7.)
§13-1-8. Effect of Time.
(A)
No lapse of time can legalize a public nuisance amounting to an actual obstruction of
public right. (Code 1972, §6-8.)
§13-1-9. Powers of Council.
(A)
The City Council shall have the power to enforce the law and ordinances pertaining to
all public nuisances in the first instance. The fact that other city boards, commissions
or officials are given certain powers to abate nuisances shall not be construed as
denying the power of the city council to act on its motion in all such matters;
provided, that all such rules herein prescribed relating to procedure shall govern all
city boards, commissions, or officials and City Council. (Code 1972, §6-9.)
§13-1-10. Notice.
(A)
In all cases of abatement, except emergencies, not less than ten (10) days written
notice shall be given the party to appear and show cause why such nuisance should not
be abated. (Code 1972, §6-10.) (Amended Ord. #732, Sept. 17, 1990)
§13-1-11. Declared Public Nuisances.
(A)
The following are hereby declared to be public nuisances: a thing, act, occupation or
use of property which
(1)
Shall annoy, injure or endanger the safety, health, comfort or repose of any
considerable number of persons;
(2)
Shall unlawfully interfere with, obstruct or tend to obstruct, or render dangerous for passage, a lake or basin, or public park, sidewalk, square, alley
street or highway;
(3)
Shall offend the public decency; or
(4)
Shall in any way render any considerable number or persons insecure in their
person, life, or in the use of property. (Code 1972, §6-11.)
§13-1-12. Public Nuisances Affecting Health.
(A)
The following are hereby declared to be public nuisances affecting health:
(1)
All decayed or unwholesome food offered for sale to the public;
(2)
All diseased animals running at large;
(3)
All ponds, pools of water, or vessels holding stagnant water in which mosquitoes or other insects can breed or proliferate;
(4)
Milk produced by cows which have not been tested and found free from
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tuberculosis within the year previous to the offering of such milk for sale to
the public;
(5)
Carcasses of animals not buried or otherwise disposed of in a sanitary manner
within twenty-four (24) hours after death;
(6)
Accumulations of any substance or growth which are breeding places for
insects or vermin;
(7)
Privy vaults and garbage cans which are not fly tight or are contrary to
ordinances relating thereto;
(8)
Noxious weeds or other rank growth of vegetation upon public or private
property.
(9)
Dense smoke, noxious fumes, gas, soot or cinders in such quantities as to render the occupancy or property uncomfortable to a person of ordinary
sensibilities;
(10)
Offensive trades and businesses as defined by ordinance and not licensed as
provided by law;
(11)
All public exposure of persons having contagious or infectious diseases;
(12)
The use of a common public drinking cup or roller towel;
(13)
The distribution of samples of medicine or drugs, unless such samples are
handled and delivered to persons by a duly licensed physician;
(14)
All other acts, omissions of acts, occupations, and uses of property which are
in fact a menace to the public health;
(15)
All animal pens or loose animals contrary to ordinance relating thereto.
(16)
All abandoned or discarded refrigerators or iceboxes that do not have a latch
or other device where such refrigerator or icebox can be opened from the
inside.
(17)
Accumulation of trash. (Added Ord. 732, Sept. 17, 1990)
§13-1-13. Abatement of Weeds and Trash.
(A)
Accumulations of weeds or trash on any lot or parcel of land within the City of Jenks,
are hereby declared to be a nuisance. It shall be the duty of the owner or occupant of
any such parcel of land located within the City of Jenks and upon which said nuisance
exists, to abate and remove same within ten (10) days after notice has been served by
the City Manager requiring the same to be done. Said notice shall be in writing and
shall specify and require that such trash be removed and/or that said weeds or
vegetation be cut close to the ground at any place where they may exist, and they shall
be cut on the entire premises, including all parking areas adjoining and surrounding
said lots, tracts or parcels of ground.
(B)
As used in this section: "Weed" includes but is not limited to poison ivy, poison oak,
or sumac and all vegetation at any state of maturity which:
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(1)
Exceeds twelve (12) inches in height, except healthy trees, shrubs, or produce
for human consumption grown in a tended and cultivated garden unless such
trees and shrubbery by their density or location constitute a detriment to the
health, benefit and welfare of the public and community or a hazard to traffic
or create a fire hazard to the property or otherwise interfere with the mowing
of said weeds;
(2)
regardless of height, harbors, conceals or invites deposits or accumulation of
refuse or trash;
(3)
harbors rodents or vermin;
(4)
gives off unpleasant or noxious odors;
(5)
constitutes a fire or traffic hazard; or
(6)
is dead or diseased.
The term "weed" shall not include tended crops on land zoned for agricultural
use which are planted more than one hundred fifty (150) feet from a parcel
zoned for other than agricultural use.
(C)
(D)
"Trash" means any refuse, litter, ashes, leaves, debris, paper, combustible materials,
rubbish, offal, or waste, or matter of any kind or form which is uncared for,
discolored, or abandoned.
The provisions of this section shall not apply to any property zoned and used for
agricultural purposes. (Amended Ord. 732, Sept. 17, 1990)
§13-1-14. Report to be Made.
(A)
Any officer or employee of this city who discovers an accumulation of trash or the
growth of grass and weeds, or both these conditions, upon any premises within the
limits of the city by reason of which such premises appear him to be –
(1)
Detrimental to the health, benefit and welfare of the public and the community;
(2)
A hazard to traffic;
(3)
A fire hazard to the danger of property, shall report such condition to the City
Manager.
§13-1-15. To be Placed on Council Agenda.
(A)
Upon receiving the report prescribed by §13-1-14 of this article, or upon receipt of
equivalent information from any reliable source, the City Manager shall cause an
investigation to be made and corrective action requested, and if not done, shall place
upon the agenda of the City Council for hearing and consideration at an appropriate
date of meeting thereof, such as will permit giving the notices prescribed by statutory
law, the question whether such premises, by reason of the condition specified, are
detrimental to the health, benefit, and welfare of the public and community, or a
hazard to traffic, or fire hazard to the danger of property.
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§13-1-16. Notice to Owner.
(A)
Forthwith, and at least ten (10) day prior to the hearing, the City shall give written
notice of such hearing by forwarding a copy therefore to the owner of such property at
the address shown by the current year's tax rolls in the office of the treasurer of the
county in which such property is located. The notice shall order the property owner to
clean the property of trash, or to cut or mow the weeds or grass on the property, as
appropriate, and said notice shall further state that unless such work is performed
within ten (10) days of the date of the notice the work shall be done by the City and a
notice of lien shall be filed with the county clerk against the property for the costs due
and owing the City. At the time of mailing of notice to the property owner, the City
shall obtain a receipt of mailing from the postal service, which receipt shall indicate
the date of mailing and the name and address of the mailee. However, if the property
owner cannot be located within ten (10) days from the date of mailing, notice may be
given by posting a copy of the notice on the property or by publication, one time not
less than ten (10) days prior to any hearing or action by the City. If the City anticipates
summary abatement of a nuisance in accordance with the provisions of subsection (B)
of this section, the notice, whether by certified mail, posting or publication, shall state:
that any accumulations of trash or excessive weed or grass growth on the owner's
property occurring within six (6) months after the removal of trash or cutting or
mowing of weeds or grass on the property pursuant to such notice may be summarily
abated by the City; that the costs of such abatement shall be assessed against the
owner; and that a lien may be imposed on the property to secure such payment, all
without further prior notice to the property owner;
(B)
If the City causes property within the city limits to be cleaned of trash and weeds or
grass to be cut or mowed in accordance with the procedures provided for in subsection
(A) of this section, any subsequent accumulations of trash or excessive weed or grass
growth on the property occurring within a six-month period may be declared to be a
nuisance and may be summarily abated without further prior notice to the property
owner. At the time of each such summary abatement the City shall notify the property
owner of the abatement and the costs thereof. The notice shall state that the property
owner may request a hearing within ten (10) days after the date of mailing the notice.
The notice and hearings shall be as provided for in subsection (A) of this section.
Unless otherwise determined at the hearing the cost of such abatement shall be
determined and collected as provided for elsewhere herein. Provided, however, that
this subsection shall not apply if the records of the county clerk show that the property
was transferred after notice was given pursuant to subsection (A) of this section.
(Amended Ord. 732, 9/17/90)
§13-1-17. Hearing by Council, Order to Clean Property.
(A)
Upon the date specified in such notice, the City Council shall hear the matter and shall
receive information thereon, including anything which may be presented by the owner
of the premises, personally or by agent or attorney. If it determines that the conditions
specified in 113-1-14 hereof exist upon such premises, it shall order the property to be
cleaned of trash or the weeds and grass cut or mowed or both cleaning and cutting and
mowing if necessary to abate the condition found to exist.
(B)
The owner of such property may give his written consent to the City authorizing the
removal of the trash or the mowing of the weeds or grass. By giving such written
consent, the owner waives his right to a hearing by the governing body of the City.
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§13-1-18. Work to be Done by City Forces or by Contract.
(A)
The work ordered to be performed under § 13-1-17 hereof may be done by the
employees of this City under supervision of the Director of Public Works or it may be
let by contract to the lowest and best bidder, after appropriate notice, in the manner for
letting other contracts by public bid. The agents of the City are hereby granted the
right of entry on such property for the performance of the necessary duties as a
governmental function of the City.
§13-1-19. Costs to be Determined; Statement of Cost to be Sent.
(A)
Upon the completion of the work ordered to be performed under § 13-1-17 hereof, the
Director of Public Works shall report the cost thereof to the City Council. Such report
shall be itemized as to each tract as follows: Labor, machinery, rental or depreciation,
fuel and supplies, cost of notice and other costs. The City Council shall examine the
report and after receiving appropriate information, shall determine the actual cost of
the work, and shall direct the city clerk to forward a statement and demand payment
thereof by mail to the owner of the property at the address shown by the current tax
rolls in the office of the treasurer of the county in which the property lines. If mowing
is done by the City, then cost to the property owner shall not exceed the actual cost of
the labor, maintenances and equipment required for said mowing. (Amended Ord.
732, Sept. 17, 1990)
§13-1-20. Service of Notice, etc.
(A)
Service of notice shall be made by the city clerk of the City of Jenks by mail as per the
addresses on the tax rolls.
§13-1-21. Failure to Pay Costs; Costs to be Certified to County Treasurer.
(A)
If the costs of the work performed under this article are not paid within thirty (30)
days from the date of mailing the notice prescribed by § 13-1-19 hereof, the city clerk
shall forward a certified statement of the amount of such costs to the country treasurer
of the county in which the property upon which the work was done is located, to be
levied upon the property and to be collected by the county treasurer in the manner
prescribed by the law of this state. Until fully paid, the cost and the interest thereon
shall be the personal obligation of the property owner from and after the date the cost
is certified to the county treasurer, coequal with the lien of ad valorem taxes and all
other taxes and special assessments and prior and superior to all other titles and liens
against the property, and the lien shall continue until the cost shall be fully paid. At
any time prior to the collection as provided in this paragraph, the City may pursue any
civil remedy for collection of the amount owing and interest thereon including an
action in personam against the property owner and an action in rem to foreclose its
lien against the property. A mineral interest, if severed from the surface interest and
not owned by the surface owner, shall not be subject to any tax or judgment lien
created pursuant to this section. Upon receiving payment, if any, the city clerk shall
forward to the county treasurer a notice of such payment and directing discharge of the
lien. (Amended, Ord. 732, Sept. 17, 1990)
§13-1-22. "Trash" Defined.
(A)
As used in this article, the word "trash" extends to the widest sense of that term, and
includes, but without limitation upon any other meaning, refuse, litter, ashes, leaves,
debris, paper, combustible materials, offal, rubbish, waste, or matter of any kind or
form which is uncared for, discarded or abandoned. (Amended Ord. 732, Sept. 17,
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1990)
§13-1-23. Public Nuisances Affecting Morals and Decency.
(A)
The following are hereby declared to be public nuisances affecting morals and
decency:
(1)
All gambling devices, slot machines, punch boards, and other contrivances;
(2)
All houses for the purpose of prostitution or promiscuous sexual activity or
intercourse, gambling houses, houses of ill fame and bawdy houses;
(3)
(4)
All domestic animals in the act of copulation exposed to public view;
All places where intoxicating liquors are manufactured, sold, bartered, given
away or otherwise furnished in violation of law, or where persons are
permitted to resort for the purpose of drinking intoxicating liquors, kept for
sale, barter or distribution in violation of law, and all liquors, bottles, kegs,
pumps, bars and other property kept at and used for maintaining such a place;
(5)
Any vehicle used for any immoral or illegal purpose;
(6)
All indecent or obscene pictures, books, pamphlets, magazines and newspapers;
(7)
The public use of profane or obscene language;
(8)
Betting, bookmaking, and all apparatus used in such occupation. (Code, 1972
§6-14.)
§13-1-24. Public Nuisances Affecting Peace and Safety.
(A)
The following are declared to be public nuisances affecting public peace and safety:
(1)
All snow and ice not removed from public sidewalks twelve (12) hours after
the snow or ice has ceased to fall or accumulate thereon;
(2)
All trees, hedges, billboards or other obstructions which prevent persons driving vehicles approaching an intersection of public highways from having clear
view of traffic approaching such intersection from cross streets, for one
hundred (100) feet along such cross streets measured from the property line;
(3)
All limbs of trees which project over a public sidewalk or streets, and which
are less than eight (9) feet above the surface of such public sidewalk and nine
(9) feet above the surface of such street;
(4)
All wires over streets, alleys or public grounds which are strung less than fifteen (15) feet above the surface of the ground;
(5)
All buildings, walls and other structures which have been damaged by fire,
decay, deterioration or otherwise, and/or which are so situated as to endanger
the safety and health of the public, or buildings erected or maintained in
violation of any ordinance;
(6)
All explosives, inflammable liquids and other dangerous substances stored in
any manner, in any amount contrary to ordinance;
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(7)
All use or display of fireworks when same is prohibited by ordinance;
(8)
All loud or unusual noises and annoying vibrations which offend the peace
and quiet of persons of ordinary sensibilities;
(9)
All buildings and all alterations to buildings made, constructed or erected
within the fire limits as established by ordinance in violation of the ordinance
concerning manner and materials of construction;
(10)
Obstructions, constructions, and/or excavations affecting the ordinary use by
the public of streets, alleys and sidewalks or public grounds, except under
such conditions as are allowed by ordinance;
(11)
Any use of the public streets or sidewalks which causes large crowds or
people to gather, obstructing traffic in the free use of the streets or sidewalks
except as provided by ordinance;
(12)
All hanging signs, awnings and other similar structures over the streets or
sidewalks, so situated or constructed as to endanger public safety, or in
violation of ordinance;
(13)
The allowing of rain water, ice or snow to fall from any building or structure
upon any sidewalk or street, or to run or flow across any sidewalk;
(14)
All barbwire fences which are located within three (3) feet of any public
sidewalk;
(15)
The distribution of handbills, except as provided by ordinance. (Code 1972,
§6-15)
§13-1-25. Rule of Construction.
(A)
That certain acts, conditions, or other things or matters as herein declared to be
nuisances, shall not be construed to deny that any other act, fact, condition or thing
shall not be a nuisance if such thing is a nuisance under the laws of the state of or
ordinances of the City of Jenks. (Code 1971, §6-16)
§13-1-26. Animals and Fowls Declared a Nuisance.
(A)
(B)
Animals and fowls are declared a nuisance:
(1)
When any animal or fowl scratches or digs into, or tramps on or over, any
flower bed, lawn, garden, tilled soil, vine, shrubbery or small plants, and in
the doing of same commits an injury to the same;
(2)
When any animal or fowl habitually prowls around on any private property, to
the annoyance of the owner or occupant of said property;
(3)
When any animal or fowl goes into any garbage can or other waste vessel, or
turns the same over, or scatters the contents of the same on the ground.
Provided, however, that any person, either owner or occupant of any premises, who is
annoyed by any nuisance defined by this section, shall give written notice to the owner
of such animals or fowls. Such notice shall be in writing requiring such owner or
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person in possession of such animals or fowls describing same, to prevent and abate
such nuisance, and a copy of such notice shall be delivered to the City Manager. After
the expiration of said notice the complaining party may file complaint in the City of
Jenks Municipal Court against such person for maintaining a nuisance, and requiring
such person to appear and show cause at a time stated therein, why such nuisance
should not be abated. If the court shall find that said nuisance exists in fact, the Court
may impose a fine not to exceed One hundred dollars ($100.00) plus court costs
and/or may order that said animal or fowl be disposed of by the Animal Control
Officer of the city. If said court shall find that no nuisance exists as herein defined, all
court costs shall be taxed to the complainant.
§13-1-27. Procedure for Abatement of Nuisances.
(A)
In all cases in which a nuisance is declared to exist except for the cleaning of trash,
removal of weeds, or removal or boarding of dilapidated buildings or structures, and
where the removal, prevention or abatement of same is necessary, and where not
otherwise especially provided by ordinance, such nuisance shall be abated as provided
in Sections § 13-1-28 through 31. It shall apply to the pursuit of any trade or
occupation of a continuing nature, where not otherwise especially provided for and to
which the same may be applicable. (Code 1972, § 6-20) (Amended Ord. 732, Sept. 17,
1990)
§13-1-28. Resolution of City Council Required.
(A)
A resolution shall be passed and approved by the City Council declaring the condition,
act, or particular thing to be a nuisance, before any nuisance Is abated, and it shall
specify the property on which it is located, and its owner and/or occupant, and the
general character of the nuisance. (Code 1972, §6-12)
§13-1-29.
(A)
Notice Required.
A written notice shall be served on the person or persons who maintain, operate or
permit the said nuisance, which notice shall fully set forth the name of the party, if
known, the date of such nuisance, the general character of said nuisance, its location,
and shall require the owner and/or occupant to appear before the City Council on a
day named therein, in not less than ten (10) days after service thereof, except in cases
of emergency, to show cause why said nuisance should not be abated, prevented and
removed. All such notices shall be signed by the City Manager and served by the chief
of police or other office in whose department said matter is involved, by delivering to
the person a written copy if he can be found, or in case he cannot be found, then by
leaving with some occupant on the premises above the age of fourteen (14) years, or
by tacking on the door or other convenient or conspicuous place on the premises.
(Code 1972, §6-22)
§13-1-30. Hearing Required.
(A)
The City Council shall in their discretion pass on all questions of evidence and
determine after a hearing open to the public, whether such nuisance shall be abated.
(Code 1972, §6-23)
§13-1-31. Order of Abatement Must Issue.
(A)
In all cases where the City Council shall determine after hearing, that any nuisance
shall be abated, it shall be the duty of the City Council to issue an order requiring the
abatement, prevention and removal of said nuisance within a time named therein,
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whereupon it shall be the duty of the City Manager to issue an order signed, certified
and sealed reciting the order of the City Council, and deliver the same to the chief of
police. It shall be the duty of the said officer to serve the final order of abatement,
certified to by the city clerk. In the event the nuisance is not abated by the party himself within the time provided therein, which shall be a reasonable time under the
circumstances, the designee of the City Manager shall forthwith abate the nuisance by
removing, destroying, filling up, locking up, moving or by any other such procedures
as is necessary to comply with the abatement order to the greatest possible extent.
(Code 1972, §6-24)
§13-1-32. Damages and Prosecution for Public Offense.
(A)
The fact that the City of Jenks has abated and removed a nuisance shall in no way
excuse the party responsible therefore from any damages which may have resulted
prior thereto. Neither shall the order of abatement prevent the chief of police or other
person from filing a complaint where said nuisance constitutes a public offense, and
the chief of police shall file complaint in each and every instance where said nuisance
amounts to a public offense, and the person responsible therefore shall be prosecuted
on such complaint and on determination of guilt, shall be punished as provided for
punishment of public offenses.
§13-1-33. Certify Costs.
(A)
It shall be the duty of the designee of the City Manager abating such nuisance to make
bill of costs to include all expenses to which the City of Jenks was put in the removal
and abatement of such nuisance and certify the same to the city clerk, to which the city
clerk shall add any other costs which are not included in the abatement costs as
presented by said designee.
§13-1-34. Civil Liability.
(A)
Any person who fails to remove and abate any nuisance after proper notice and
opportunity to be heard and proper orders of the city council, shall be liable to the City
of Jenks for all expenses incurred in the removal and abatement of the nuisance, as
certified by an itemized bill of costs signed by the city clerk. The City of Jenks shall
have its right of action to recover all such costs. (Code 1972, §6-27)
§13-1-35. Right of Entry.
(A)
Upon sworn affidavit and probable cause being shown that a nuisance exists, the
Judge of the Municipal Court may issue a search warrant authorizing the chief of
police, chief of the fire department, fire marshal, building inspector, electrical
inspector, health officer, City Manager, or any person acting under orders from the
named officers, to have the authority to enter into and upon, and examine at any and
all times, all buildings, lots and places of all description within the corporate limits of
the City of Jenks for the purpose of ascertaining the condition thereof. Said City of
Jenks chief of police, chief of the fire department, fire marshal, plumbing inspector,
electrical inspector, building inspector, health officer, or City Manager, shall have, and
they are hereby vested with, the power, jurisdiction and authority to give all such
directions and adopt all such measures for rectifying or correcting any condition which
may be a nuisance hereunder prior to the institution of proceedings for the abatement,
removal or prevention of same; and where said condition is voluntarily removed,
abated or prevented, as directed by the said city officials, no formal proceedings for
abatement, prevention or removal of same shall be necessary. (Code, 1972 §6-28)
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§13-1-36. Removal of Dilapidated Buildings.
(A)
At least ten (10) days notice that a building is to be torn down or removed shall be
given to the owner of the property before the City holds a hearing. A copy of the
notice shall be posted on the property to be affected. In addition a copy of said notice
shall be sent by mail to the property owner at the address shown by the current year's
tax rolls in the office of the county treasurer. Written notice shall also be mailed to any
mortgage holders as shown by the records in the office of the county clerk to the last
known address of the mortgagee. At the time of mailing of notice to any property
owner or mortgage holder, the City shall obtain a receipt of mailing from the postal
service, which receipt shall indicate the date of mailing and the name and address of
the mailee. However, if neither the property owner nor mortgage holder can be
located, notice may be given by posting a copy of the notice on the property, or by
publication. Such notice may be published once not less than ten (10) days prior to any
hearing or action by the City pursuant to the provisions of this section.
(B)
A hearing shall be held by the City to determine if the property is dilapidated and has
become detrimental to the health, safety, or welfare of the general public and the
community, or if said property creates a fire hazard which is dangerous to other
property.
(C)
Pursuant to a finding that the condition of the property constitutes a detriment or a
hazard and that the property would be benefited by the removal of such conditions, the
City may cause the dilapidated building to be torn down and removed. The City shall
fix reasonable dates for the commencement and completion of the work. The city clerk
shall immediately file a notice of dilapidation and lien with the county clerk
describing the property, the findings of the City at the hearing, and stating that the
City claims a lien on said property for the destruction and removal costs and that such
costs are the personal obligation of the property owner from the date of filing of said
notice. The agents of the City are granted the right of entry on the property for the
performance of the necessary duties as a governmental function of the City if the work
is not performed by the property owner within dates fixed by the governing body.
(D)
The City shall determine the actual cost of the dismantling and removal of dilapidated
buildings and any other expenses that may be necessary in conjunction with the
dismantling and removal of the buildings, including the cost of notice and mailing.
The city clerk shall forward a statement of the actual cost attributable to the
dismantling and removal of the buildings and a demand for payment of such costs to
the property owner by mail to the property owner. In addition a copy of said statement
shall be mailed to any mortgage holder. At the time of mailing of the statement of
costs to any property owner or mortgage holder, the City shall obtain a receipt of
mailing from the postal services, which receipt shall indicate the date of mailing and
the name and address of the mailee. If the City dismantles or removes any dilapidated
buildings, the cost to the property owner shall not exceed the actual cost of the labor,
maintenance, and equipment required for the dismantling and removal of the
dilapidated buildings. If dismantling and removal of the dilapidated buildings is done
on a private contract basis, the contract shall be awarded to the lowest and best bidder.
(E)
When payment is made to the City for costs incurred, the court clerk shall file a
release of lien, but if payment attributable to the actual cost of the dismantling and
removal of the buildings is not made within six (6) months from the date of the
mailing of the statement to the owner of such property, the city clerk shall forward a
certified statement of the amount of the cost to the country treasurer of the county in
which the authorized by law. Until finally paid, the costs and the interest thereon shall
be the personal obligation of the property owner from and after the date of the notice
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of dilapidation and lien is filed with the county clerk. In addition the cost and the
interest thereon shall be a lien against the property from the date the notice of the lien
is filed with the county clerk. Said lien shall be coequal with the lien of ad valorem
taxes and all other taxes and special assessments and shall be prior and superior to all
other titles and liens against the property. The lien shall property is located. Said costs
shall be levied on the property and collected by the county treasurer as are other taxes
continue until the cost is fully paid. At any time prior to collection as provided for in
this paragraph the City may pursue any civil remedy for collection of the amount
owing and interest thereon including an action in person against the property owner
and an action in remedy to foreclose its lien against the property. A mineral interest, if
severed from the surface interest and not owned by the surface owner, shall not be
subject to any tax or judgment lien created pursuant to this section. Upon receiving
payment the city clerk shall forward to the county treasurer a notice of such payment
and shall direct discharge of the lien.
(F)
For purpose of this section, "dilapidated building" means:
(1)
a structure which through neglect or injury lacks necessary repairs or
otherwise is in a state of decay or partial ruin to such an extent that the
structure is a hazard to health, safety, or welfare of the general public,
(2)
a structure which is unfit for human occupancy due to the lack of necessary
repairs and is considered uninhabitable or is a hazard to the health, safety, and
welfare of the general public,
(3)
a structure which is determined to be an unsecured building, more than three
times within any twelve-month period,
(4)
a structure which has been boarded and secured for more than thirty-six (36)
consecutive months, or
(5)
a structure declared by the municipal governing body to constitute a public
nuisance. (Amended Ord. #1053, October 21, 2002)
(G)
The provisions of this section shall not apply to any property zoned and used for
agricultural purposes.
(H)
After a building has been declared dilapidated, and before the commencement of the
tearing and removal of a dilapidated building, the City may authorize that such a
building be boarded and secured.
(I)
The City may cause an unsecured building to be boarded and secured in accordance
with the following procedures:
(1)
Before the City Council orders such action, at least ten (10) days notice that
such unsecured building is to be boarded and secured shall be given by mail to
any property owners and mortgage holders as set forth in Section A above.
(2)
If the property owner does not give his written consent to such actions, a
hearing may be held by the City to determine whether the boarding and
securing of such unsecured building would promote the benefit the public
health, safety, or welfare. Such hearing may be held in conjunction with a
hearing on the accumulation of trash or the growth of weeds or grass on the
premises or the hearing to determine the removal of such unsecured building.
In making such determination, the City Council shall apply the following
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standard: The City may order the boarding and securing of the unsecured
building when the boarding and securing thereof would make such building
less available for transient occupation, decrease a fire hazard created by such
building, or decrease the hazard that such building would constitute an
attractive nuisance to children.
(3)
After the city orders the boarding and securing of such unsecured building, the
city clerk shall immediately file a notice of unsecured building and lien with
the county clerk describing the property, stating the findings of the City at the
hearing at which such building was determined to be unsecured and stating
that the City claims a lien on said property for the costs of boarding and
securing such building and that such costs are the personal obligation of the
property owner from and after the date of filing said notice.
(4)
After an unsecured building has been boarded and secured, the City shall
determine the actual costs of such actions and any other expenses that may be
necessary in conjunction therewith including the cost of the notice and
mailing, The clerk shall forward a statement of the actual costs attributable to
the boarding and securing of the unsecured building and a demand for
payment of such costs, by mail to any property owners and mortgage holders.
At the time of mailing of the stated of the statement of costs to any property
owner or mortgage holder, the City shall obtain a receipt of mailing from the
postal service, which receipt shall indicate the date of mailing and the name
and address of the mailee.
(5)
When payment is made to the City for costs incurred, the city clerk shall file a
release of lien, but if payment attributable to the actual costs of the boarding
and securing of the unsecured building is not made within thirty (30) days
from the date of the mailing of the statement to the owner of such property,
the city clerk shall forward a certified statement of the amount of costs to the
county treasurer of the county in which the property is located. Said costs
shall be levied on the property and collected by the county treasurer as are
other taxes authorized by law. Until fully paid, the costs and the interest
thereon shall be the personal obligation of the property owner from and after
the date the notice of unsecured building and lien is filed with the county
clerk. In addition the costs and interest thereon shall be a lien against the
property from the date the notice of the lien is filed with the county clerk. Said
lien shall be coequal with the lien of ad valorem taxes and all other taxes and
special assessments and shall be prior and superior to all other titles and liens
against the property. The lien shall continue until the costs and interest are
fully paid. At any time prior to collection as provided for in this paragraph, the
City may pursue any civil remedy for collection of the amount owing and
interest thereon including an action in person= against the property owner and
an action in rem to foreclose its lien against the property. A mineral interest if
severed from the surface owner, shall not be subject to any tax or judgment
lien created pursuant to this section. Upon receiving payment, the city clerk
shall forward to the county treasurer a notice of such payment and shall direct
discharge of the lien.
(6)
The City may determine that a building is unsecured and order that such
building be boarded and secured in the manner provided for in this subsection
even though such building has not been declared, by the governing board to be
dilapidated; and for the purpose of this subsection:
(a)
"boarding and securing" or "boarded and secured" means the closing,
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boarding or locking of any or all exterior openings so as to prevent
entry into the structure, and
(b)
(7)
"unsecured building" shall mean any structure which is not occupied
by a legal or equitable owner thereof or by a lessee of a legal or
equitable owner, and into which there are one or more unsecured
openings such as broken windows, unlocked windows, broken doors,
holes in exterior walls, holes in the roof, broken basement or cellar
hatchways, unlocked basement or cellar hatchways or other similar
unsecured openings which would facilitate an unauthorized entry into
the structure.
The provisions of this section shall not apply to any property zoned and used
for agricultural purposes. (Amended Ord. 732, Sept. 17, 1990)
§13-1-37. Summary Abatement of Nuisance.
(A)
Some nuisances are of such nature as to constitute a grave and immediate danger to
the peace, health, safety, morals or welfare of one (1) or more persons or of the public
generally. It is recognized that circumstances may be such as to justify the City
Manager or other appropriate officer or agency of the City government to take
immediate and proper action summarily to abate such nuisances, or to reduce or
suspend the danger until more deliberate action can be taken toward such abatement.
(Code 1972, 6-29) (Amended Ord. 732, Sept. 17, 1990)
§13-1-38. Administrative Hearing.
(A)
There is herby established an administrative hearing body to hear and decide in the
first instance if an order should issue requiring the owner of property within the City
of Jenks to mow, remove weeds, remove trash, to remove a dilapidated building or to
board and secure a dilapidated building. Such administrative hearing body shall be
composed of the City Planner or designee, the Fire Chief or designee and the Building
Inspector or designee.
(B)
Prior to issuing an order to a property owner to abate or remove a nuisance, notice by
certified mail to the owner of the property as shown by the current tax rolls shall be
mailed at least 10 days prior to the scheduled hearing. If action to remove a
dilapidated building is to be considered, the notice shall also be posted on the
property.
(C)
At the hearing, upon concurrence of two members of the administrative body, an order
may issue requiring the mowing and removal of weeds and/or trash if it is determined
that the property constitutes a detriment or hazard and that the property would be
benefited by the removal of such conditions; or, an order may issue requiring the
removal of a structure if it is determined that the same is dilapidated and has become
detrimental to the health, safety, or welfare of the general public and the community or
if the property creates a fire hazard which is dangerous to other property and that the
property would be benefited by the removal of such conditions; or, an order may issue
to secure and board a building either in lieu of removal or in anticipation of removal.
(D)
The order shall fix reasonable dates for the commencement and completion of the
work.
(E)
In the event the property owner fails to perform the work required within the time
frame established by the order, the City may cause the removal or contract with a third
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party for the removal.
(F)
Prior to the mailing of the order to the property owner, a copy of the proposed order
shall be given to the City Manager for review of the terms of the order and
consideration as to whether funds would be available to have the City abate the
nuisance in the event the property owner failed to do so. In the event the City Manager
does not endorse the terms of the administrative order within five (5) days of receipt,
then the order shall be forwarded to City Council for final approval and a notice of
hearing before Council sent to the property owner.
(G)
From the effective date of mailing of the order to the property owner, the property
owner shall have ten (10) days in which to file an appeal of the terms of the order with
the City Clerk requesting a hearing before the City Council, whose determination shall
be final.
(H)
The above procedures may be used in lieu of the procedures set forth in Sections 13-113 thru 13-1-17 for abatement of weeds and trash and the procedures set forth in
Section 13-1-36 for removal of dilapidated buildings. (Enacted Ord.#1053, Oct. 21,
002)2
Article 2. Junk Vehicles
§13-2-1. Abandoned or Junked Vehicles.
(A)
The following definitions shall apply in the interpretation and enforcement of this
article:
(1)
"Person" shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
(2)
"Vehicle" shall mean any machine propelled by other than human muscle and
shall include without limitation any automobile, truck, trailer, motorcycle,
tractor, buggy, wagon, or self-propelled farm or construction equipment.
(3)
"Public property" shall mean any property owned or controlled by the City of
Jenks, Tulsa County, the State of Oklahoma, or the United States Government
within the city limits, and shall include all streets and highways.
(4)
"Private property" shall mean any real property within the corporate limits of
the City of Jenks which is not public property as described herein.
(5)
"Dismantled, junked, abandoned, unserviceable or inoperable vehicles" shall
be deemed to include the major parts thereof including bodies, engine
transmissions, frames and rear ends.
(B)
No person shall deposit, store, keep or permit to be deposited, stored -or kept upon
public or private property, in the open, a dismantled, unserviceable, inoperable, junked
or abandoned vehicle or any vehicle legally or physically incapable of being operated,
for a period exceeding one hundred sixty-eight (168) hours; unless such vehicle or
parts thereof is completely enclosed within a building, or stored in connection with a
business lawfully established pursuant to the zoning ordinances of the City of Jenks,
Oklahoma, or stored on property lawfully designated under the zoning ordinances of
the City of Jenks as a place where such vehicles may be stored.
(C)
The accumulation and/or storage of one (1) or more vehicles or parts thereof, as
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described in the above paragraph shall constitute a nuisance detrimental to the health,
safety and welfare of the inhabitants of the City of Jenks. It shall be the duty of the
owner or person in control of such vehicle, or the parts thereof, and/or the owner of
the private property, lessee or person in possession or control of the property upon
which such vehicle is located to cause to be removed or remove the vehicle from such
property, or have the vehicle housed in a building, where it will not be visible from the
street or other private property. Such removal or enclosure shall be made within one
hundred sixty-eight (168) hours after notice, as set out in the above paragraph hereof,
has been given to the owner or person in control of the vehicle and/or the owner,
lessee or person in control of the property upon which such vehicle is located. The one
hundred sixty-eight (168) hour time limit may be extended by the chief of police in the
case of obvious hardship. In the event the owner of such vehicle or the owner of said
property where said vehicle is located cannot be found with reasonable diligence, or if
said vehicle is in a public right-of-way, said vehicle may be removed at the direction
of the chief of police after placing said one hundred sixty-eight (168) hour notice on
said vehicle.
(D)
The chief of police, or any officer of that department he may assign, upon complaint
of any citizen or on the officer's own volition, shall cause notice to be posted on such
abandoned, junked, unserviceable, inoperable, or dismantled vehicle, that the vehicle
is a nuisance and shall be removed within one hundred sixty-eight (168) hours as
required in paragraph (C).
(E)
Upon any failure of the owner or person in control of the vehicle or vehicles of the
owner, lessee, or person in control of the property upon which the vehicle or vehicles
may be located, to remove the vehicle or place it in an enclosed building within one
hundred sixty-eight (168) hours after notice has been placed upon the vehicle, the
chief of police shall promptly cause the vehicle and/or its parts to be removed and
stored in a proper place.
(F)
The owner or person in control of any vehicle or vehicles so removed may regain
possession thereof by making application to the chief of police for the City of Jenks,
within one (1) month after its removal, and upon payment to the City of Jenks of all
reasonable costs of removal and storage which shall have accrued to such vehicle or
vehicles.
(G)
Any person, firm, corporation, or partnership required by the provisions hereof to
remove any dismantled, junked, unserviceable, inoperable, or abandoned vehicle or
vehicles who shall fail to do so in compliance with notice as provided herein, shall be
guilty of an offense and be punished according to the penalty provided herein. (Code
1972, §6-30).
Article 3. Penalty.
§13-3-1. Procedure Cumulative.
(A)
The various procedures for abating nuisances prescribed by this chapter and by other
provisions of law and ordinance shall be cumulative one to the other; and the city may
elect to follow any such procedure which is applicable in abating any particular
nuisance.
§13-3-2. Penalty.
(A)
Any person who violates or fails to comply with any provision of this chapter or any
legal order or regulation made pursuant thereto, shall be guilty of an offense, and upon
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conviction thereof shall be punished by a fine of not more than one hundred dollars
($100.00) plus court costs. Each day upon which a violation continues shall be
deemed a separate offense. (Amended Ord. #534, Nov. 21, 1983.)
Article 4. Stormwater Management
§13-4-1. General
The Federal Government has mandated that municipalities, such as Jenks, implement
certain programs and procedures to regulate illicit runoff discharge into waters and
streams, construction and post-construction runoff, and other matters including
management of stormwater runoff from all sources within the City of Jenks.
This ordinance establishes procedures to regulate the introduction of pollutants to the
City of Jenks' municipal separate storm sewer system and enables the City to comply
with Phase II regulations issued by EPA (64 FR 68722).
The objective of this ordinance is to permit the City of Jenks to:
(A)
Monitor and report to cognizant agencies suspected of illicit runoff discharges
entering the City of Jenks.
(B)
Regulate the introduction into the municipal separate storm sewer system of spills,
dumping or the disposal of materials other than stormwater;
(C)
Prohibit illicit discharges into the municipal separate storm sewer system;
(D)
Implement procedures to determine compliance and noncompliance with this
ordinance.
(E)
Comply with National Pollutant Discharge Elimination System (NPDES) permit
conditions and any other federal or state law or regulation pertaining to stormwater
quality which specifically regulates local government compliance.
The provisions of this Ordinance shall be deemed as additional requirements to
standards required by other City ordinances and supplemental requirements listed
below. In case of conflicting requirements, the most restrictive shall apply.
Floodway Supplemental District
Chapter 8 in Zoning Code Book
Flood Damage Prevention
Jenks City Code, Chapter 16, Article 8
Regulation of Earth Changes
Jenks City Code, Chapter 4, Article 17
Storm Water Maintenance Fee
Jenks City Code, Chapter 18, Article 8
If the provisions of this Ordinance are inconsistent with regulations of the state or
federal government, the more restrictive provision shall control, to the extent
required by law.
§13-4-2. Definitions And Abbreviations
As used in this ordinance, the following terms, phrases and words shall have the meanings
given below:
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Act or "the Act" shall mean the Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251, et seq. Best Management Practice or BMP
shall mean the best available practices or devices that, when used singly or in combination,
eliminate or reduce the contamination of surface waters, ground waters, or both. BMPs shall be
divided into the following categories:
Nonstructural Best Management Practices, which shall mean those which require modified or
additional operational or behavior practices, such as sweeping a parking lot or having spill
response equipment on site; and
Structural Best Management Practices, which shall mean those which require the construction
of a structure of other physical modification on the site.
City shall mean the City of Jenks, Oklahoma, a municipal corporation, and its authorized
officers, agents and employees.
Director shall mean the City Engineer / Director of Public Works, or the person succeeding
to this person's duties and functions, by whatever name known, or this person's duly
authorized representative.
Discharge shall mean any addition or introduction of any pollutant, stormwater, or any other
substance whatsoever into the municipal separate storm sewer system (MS4) or into waters
of the United States.
Environmental Protection Agency or EPA shall mean the United States Environmental
Protection Agency or, where appropriate, the term may also be used as a designation for the
Regional Water Management Division Director or other duly authorized official of the EPA.
Illicit Discharge shall mean any intentional discharge to the municipal separate storm sewer
system (MS4) that is not composed entirely of stormwater, except discharges as otherwise
allowed pursuant to the provisions of this ordinance, or discharges resulting from fire
fighting activities.
Monitoring shall mean the performance of stormwater flow measurements, stormwater
sampling, sample analysis, and like procedures necessary to determine compliance with
stormwater discharge activity.
Municipal Separate Storm Sewer System or MS4 shall mean a conveyance or system of
conveyances, including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, and storm drains that are owned or operated by the City
and are designed or used for collecting or conveying stormwater.
NPDES Permit shall mean the "National Pollutant Discharge Elimination System" Phase II
Permit for Storm Water Discharge Associated with Construction Activities within the State
of Oklahoma," with provisions under the Oklahoma Administrative Code (OAC), § 252:606,
incorporating by reference 40 CFR Part 122.26, as issued by the Oklahoma Department of
Environmental Quality (ODEQ).
Outfall shall mean a point source minimally defined by the Act and regulations pursuant
thereto.
Person shall mean an individual, partnership, co-partnership, firm, company, corporation,
limited liability company, association, joint tock company, trust, estate, governmental entity
or any other legal entity, or their lawful representatives, agents or assignees. This definition
shall include all federal, state, and local governments.
Point Source shall mean any discernible conveyance.
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Pollutant shall mean any dredge spoil, solid waste, incinerator residue, oil, grease, sewage,
garbage, sewage sludge, munitions, medical waste, chemical waste, industrial waste,
biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand,
cellar dirt, agriculture waste, industrial waste, municipal waste and the characteristics of the
wastewater including but not limited to, pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity, and odor.
Premises shall mean any plot or tract of ground, regardless of size or plat, owned by a person
or used by a person and any contiguous plots.
Spills shall mean any release that has negatively or has the potential to negatively impact the
quality of water within, or discharges from the City's municipal separate storm sewer system
(MS4) or causes damaging or deleterious effects to the City's MS4, including all structures or
appurtenances, or creates any violation of this ordinance.
Stormwater shall mean any rainwater run-off, surface run-off, and drainage related to storm
events or snow melt or as otherwise provided this ordinance.
§ 13-4-3. Discharge Requirements
(A)
Allowable and Occasional Incidental Discharges
(1) The following non-storm water sources are allowed and which the City has
determined not to be substantial contributors of pollutants to the MS4:
(a) Water line flushing
(b) Landscape irrigation
(c) Diverted stream flows
(d) Rising ground waters
(e) Residential building wash water without detergents
(f) Uncontaminated pumped ground water
(g) Uncontaminated ground water infiltration
(h) Discharges from potable water sources
(i) Foundation drains
(j) Air conditioning condensate
(k) Irrigation water
(l) Springs
(m) Water from crawl space pumps
(n) Footing drains
(o) Lawn watering
(p) Individual residential car washing
(q) De-chlorinated swimming pool discharges
(r) Street wash water
(s) Fire hydrant flushings
(t) Non-commercial or charity car washes
(u) Discharges from riparian areas and wetlands
(v) Discharges in compliance with a separate Oklahoma Pollutant Discharge
Elimination System (OPDES) or National Pollutant Discharge Elimination
System (NPDES) NPDES permit.
(w) Discharges or flows from emergency fire fighting activities provided that the
Incident Commander, Fire Chief or other on-scene fire fighting official in
charge makes an evaluation regarding potential releases of pollutants from the
scene. Measures will be taken to reduce any such pollutant releases to the
maximum extent practicable subject to all appropriate actions necessary for
public health and safety.
(2) Any discharge that has a current NPDES discharge permit with ODEQ shall be
an allowable discharge, with the following exceptions:
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(a) A discharge that results in the City violating its NPDES Phase II MS4
Permit,
(b) A discharge the Director determines causes contamination of surface water,
stormwater or groundwater within the City; or
(c) A discharge that could block or damage the MS4.
(3) The discharge of stormwater containing pollutants that has been reduced to the
maximum extent practicable by the application of best management practices or
other management measures set forth in the City's Stormwater Management
Program.
(4) Other types of discharges determined allowable by the Director.
(B)
Prohibited Discharges
No person shall discharge to a MS4 conveyance, waterbody, directly or indirectly,
any substance other than stormwater or an exempted discharge. Any person
discharging stormwater shall effectively prevent pollutants from also being
discharged with the stormwater, through the use of best management practices
(BMPs), except as permitted in § 13-4-3 (A).
(1) It is a violation for any Person to improperly dispose of any contaminant into the
MS4. Contaminants include, but are not limited to the following:
(a) Trash or debris;
(b) Petroleum products, including but not limited to oil, gasoline, grease, fuel oil
or hydraulic fluids;
(c) Antifreeze and other automotive products;
(d) Metals in either particulate or dissolved form;
(e) Flammable or explosive materials;
(f) Batteries of any kind;
(g) Paints, stains, resins, lacquers or varnishes;
(h) Pesticides, herbicides, or fertilizers;
(i) Steam cleaning wastes, except as determined by the Director to be de
minimis;
(j) Soaps, detergents or wastewater containing the like;
(k) Heated water, except as determined by the Director to be de minimis;
(l) Animal waste;
(m) Leaking sanitary sewers and connections that have remained uncorrected for
more than 7 days;
(n) Recreational vehicle waste;
(o) Animal carcasses;
(p) Medical wastes;
(q) Collected or loose lawn clippings, leaves or branches;
(r) Silt, sediment or gravel;
(s) Dyes;
(t) Washing of fresh concrete residue;
(u) Junk motor vehicles;
(v) Wastewater to storm drain system from the cleaning of fueling stations, auto
repair garages or other types of auto repair facilities;
(w) Wastewater to the storm drain system from mobile auto washing, steam
cleaning, mobile carpet cleaning, and other mobile commercial and industrial
operations;
(x) Discharge from the washing or rinsing of restaurant mats, roof vents, grease
traps, garbage bins or cans in such a manner that causes nonstormwater to
enter the storm drain system;
(y) Any hazardous material or waste not listed above.
(z) Any spilled pollutants, unless it can be demonstrated that failure to allow the
discharge will result in a greater imminent peril or hazard to the life, health,
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welfare, or safety of the public; or
(aa) Any material that is disposed of or dumped in such a manner that causes
pollutants to be discharged.
(2) It is a violation for any person to place, store or locate any material in such a
manner that causes pollutants to be unreasonably transported by usual atmospheric
conditions into the City's MS4.
§ 13-4-4. Storage of Hazardous or Toxic Material
(A)
Storage or stockpiling of hazardous or toxic material within any drainageway, or in
its associated floodway or floodplain, is strictly prohibited. Storage or stockpiling of
hazardous or toxic material on active construction sites must include adequate
protection and/or containment so as to prevent any such materials from entering any
temporary or permanent stormwater conveyance or drainageway.
§ 13-4-5. Private Property Maintenance Duties
(A)
Every person owning property through which a drainageway passes, or such person's
lessee, except where such drainageway maintenance has been accepted by the public
or others, shall keep and maintain that part of the drainageway located within their
property boundaries, free of trash, debris, excessive vegetation, and other obstacles
that would pollute, contaminate, or significantly retard the flow of water through the
watercourse. In addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures will not become
a hazard to the use, function, or physical integrity of the watercourse.
§13-4-6. Spills
(A)
Spills that have the potential to enter or have entered the City's MS4 shall
contained, and remediation activity will be implemented which will consist
deploying absorbents, chemical neutralizers and/or booms and water skimmers
contain, neutralize and/or remove the chemicals. Such remediation activities shall
the responsibility of the offending party.
be
of
to
be
§ 13-4-7. Illicit Discharge Detection And Elimination
(A)
Episodic incident with no determinable source. This category is pollutants introduced
into the MS4 from individuals in a one-time episode at a point of entry in which the
responsible party or source is not traceable. Examples of these are dumping of yard
waste, motor oil, antifreeze or trash into a creek or storm drain. These types of
pollutants, when discovered in the MS4 or local streams, cannot be effectively
investigated as to the source. Discovery of this type of pollutant will be from incident
reports from citizens, city crews, police and fire workers, businesses, and State and
Federal agency field crews. Prevention of future episodic pollution incidents will rely
upon implementation of the Public Education and Public Participation programs.
(B)
Chronic or frequent incident with a potentially determinable source. This category is
pollutants from sources that are frequently occurring or otherwise traceable through
stream channels and the MS4 system using one or more methods of visual inspections,
use of simple chemical field test kits and/or formal chemical sampling via laboratory
analysis. Pollutants from these sources will be dispersed downstream as a detectable
odor, visual color, increased turbidity, excessive algae growth, or changes in water
chemistry (e.g. pH or conductivity) when compared to uncontaminated water in the
stream or MS4. These potentially traceable pollutants are amenable to "source
tracking" inspections, and the sources are more likely to be found and remediated.
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(C)
Mapping. The Director shall maintain a copy of the City's drainage system which shall
be utilized to show basic system features, major outfalls, and prominent receiving
streams.
(D)
Detection:
(1)
Locate Areas that have the greatest potential to discharge pollutants;
(2)
Collect Illicit Discharge and Pollution Information from citizens and
designated public inspectors;
(3)
Conduct Visual Dry Weather Screening of the City's storm water outfalls;
(4)
Investigate and Take Follow-Up Action, as required, for different types of
pollutants and discharges;
(5)
Source Tracking for frequently occurring or traceable sources will be
conducted through field monitoring of streams and the MS4 system to locate
the pollutant source and, whenever possible, to verify the pollution;
(6)
Remove/Correct Sources of Known Origin by directing the offending
discharger to correct the problem;
(7)
Document Actions Taken with the use of inspection reports.
§13-4-8. Construction Site Stormwater Runoff Control
(A)
Effective stormwater pollution prevention on construction sites is dependent on a
combination of preventing movement of soil from its original position (erosion
control), intercepting displaced soil prior to entering a waterbody (sediment control),
and proper on-site materials handling. The operator of any construction project that
disturbs one acre or more, or is part of the larger common plan of development or sale
which disturbs one acre or more, is required to obtain the proper stormwater permit
from ODEQ and to comply with all terms and conditions of the permit, in addition to a
City Earth Change Permit. The operator shall maintain a copy of the permits onsite for
review by any authorized official upon request.
(B)
Exemptions. Any emergency activity necessary for the protection of life, property, or
natural resources; maintenance and repair work to the City's MS4, permitted
operations, and existing nursery and agricultural operations conducted as a permitted
main or accessory use, provided such activities do not contribute to any on-site
generated erosion, or degradation of lands or water beyond the boundaries of the
property or area are exempt from this ordinance.
§ 13-4-9. Post-Construction Runoff Control
(A)
In addition to the requirements of §13-4-8, the stormwater pollution prevention plan
must also include post-construction stormwater quality measures. These measures are
incorporated as a permanent feature into the site plan and are left in place following
completion of construction activities to continuously filter stormwater runoff from the
stabilized site. Any project located within the City of Jenks that includes clearing,
grading, excavation, and other land disturbing activities, resulting in the disturbance
of 1 acre or more of total land area, is subject to the requirements of this section. This
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includes both new development and re-development, and disturbances of less than
one (1) acre of land that are part of a larger common plan of development or sale if
the larger common plan will ultimately disturb one (1) or more acres of land, within
the MS4 area. To prevent adverse impacts of stormwater runoff, the following
standards must be met:
(1)
All operators of construction activities that disturb one acre or more are
required to develop and implement structural and/or non-structural BMPs.
BMPs shall be appropriate for the local site conditions and shall be selected to
minimize water quality impacts.
(2)
Runoff is to be controlled to the maximum extent practicable and water
quality standards shall be maintained after development of the site.
(3)
Long-term operation and maintenance of the BMPs are required to prevent
erosion and non-stormwater runoff from sites after active construction has
ceased.
(4)
Post-runoff flow rates shall not exceed pre-development runoff flow rates and
shall be consistent with local and regional watershed plans.
§13-4-10. Inspections And Monitoring
(A)
Storm Drainage System
The Director's authorized representative(s) will periodically inspect the portion of the
storm drainage system under the City's control, in an effort to detect and eliminate
illicit discharges into the system. This inspection will include a screening of
discharges from outfalls connected to the system in order to determine if prohibited
flows are being conveyed into the storm drainage system. It could also include spot
testing of waters contained in the storm drainage system itself to detect the
introduction of pollutants into the system by means other than a defined outfall, such
as dumping or contaminated sheet runoff.
(B)
Potential Polluters
If, as a result of the storm drainage system inspection, a discharger is suspected of an
illicit discharge, the City may inspect and/or obtain stormwater samples from
stormwater runoff facilities of the subject discharger, to determine compliance with
the requirements of this Ordinance. Upon request, the discharger shall allow the
City's authorized representative(s) to enter upon the premises of the discharger at all
hours necessary for the purposes of such inspection or sampling. The City's
authorized representative(s) may place on the discharger's property, the equipment or
devices used for such sampling or inspection. Identified illicit discharges shall be
subject to enforcement action as described in § 13-4-1 of this Ordinance.
(C)
New Development and Re-Development
Following approval of final stormwater plans and following the final completion of
construction and the receipt of as-built drawings by the City, new development and
re-development sites shall be inspected by the City's authorized representative(s).
This inspection will be to verify all on-site stormwater conveyances and connections
to the storm drainage system are in compliance.
§ 13-4-11. Administrative Enforcement Remedies
(A)
Notice of Violation
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Whenever the City finds that a person has violated a prohibition or failed to meet a
requirement of this Ordinance, the City Manager's authorized enforcement
representative may order compliance by written Notice of Violation to the
responsible person. Such notice may require without limitation:
(1)
Issuance of a Stop Work Order;
(2)
The performance of monitoring, analyses, and reporting;
(3)
The elimination of illicit connections or discharges;
(4)
That violating discharges, practices, or operations shall cease and desist;
(5)
The abatement or remediation of stormwater pollution or contamination
hazard and the restoration of any affected property; and
(6)
The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must be
completed. Said notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work may be done by a designated
governmental agency or a contractor and the expense thereof shall be charged to the
violator.
(B)
Appeal Director. Any person affected or aggrieved by any administrative enforcement
remedies which have been entered in connection with the enforcement of any
provisions of this ordinance or of any rule or regulation adopted pursuant thereto, shall
be granted a hearing before the Director or his designee. Such a person shall file, with
the office of the Director, a request, stating the grounds for the hearing, within ten (10)
days after the notice or order was served upon the person. Upon receipt of the request,
the Director shall set a time and place for the hearing and shall give the petitioner
written notice. At such hearing, the petitioner shall be given an opportunity to show
why the Director's notice or order should be modified or withdrawn. The hearing shall
be held within fifteen (15) days after the request is filed in the Director's offices,
unless the petitioner requests and shows good cause for postponement. The Director
shall be the sole judge of whether good cause is shown. After the hearing, the Director
may sustain, modify or withdraw the administrative enforcement action(s). The
decision of the Director may be appealed to the City Council by filing notice of appeal
with the City Clerk within ten (10) days of the Director's decision.
§ 13-4-12. Violations, Injunction And Criminal Prosecution
(A)
Injunctive Relief. Whenever a person has violated or continues to violate the
provisions of this ordinance or orders issued hereunder, the City Manager may petition
the District Court for the issuance of preliminary or permanent injunction (or both as
may be appropriate) which restrains or compels the activities on the part of the person.
The City Manager shall have such remedies to collect fees as are available to collect
other utility service charges. A petition for injunctive relief need not be filed as a
prerequisite to taking any other action against a person.
(B)
Criminal Prosecution.
(1)
Any person that has violated or continues to violate this ordinance, or any
order issued hereunder, shall be liable to criminal prosecution by the City of
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Jenks in the Jenks Municipal Court for a maximum penalty of Five Hundred
Dollars ($500) per violation per day.
(2)
(C)
The City of Jenks may recover reasonable attorney's fees, court costs and
other expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the City
of Jenks.
Remedies Nonexclusive. The provisions of §13-4-11 and §13-4-12 are not exclusive
remedies. The City of Jenks reserves the right to take any, all or any combination of
these actions against a violator of the ordinance. Further, the City of Jenks is
empowered to take more than one enforcement action against any violator. These
actions may be taken concurrently. Additionally, the pursuit of any of these remedies
does not preclude reporting of such violations to the ODEQ or EPA for enforcement.
§13-4-13. Confidential Information
(A)
Information and data regarding a person obtained from reports, surveys, NDPES
Stormwater discharge applications or permits, monitoring programs, inspections and
sampling activities may be available to the public in accordance with the Oklahoma
Open Records Act, (51 O.S.1991, § 24.A.1, et seq.) or to other government agencies
unless the person can demonstrate to the Director's satisfaction that the release of
such information would divulge information regarding trade secrets which is entitled
to protection under applicable state law. If, in the opinion of the Director, that
information and data requested may disclose trade secrets or secret processes, then
the information or data will not be made available.
§13-4-14. Documentation
(A)
Records, inspections, and related correspondence will be retained for a period of no
less than five (5) years. This retention period shall be automatically extended for the
duration of any litigation concerning compliance with this ordinance, or where a
person or company has been specifically notified of a longer retention period by the
Director.
(B)
A copy of pollution prevention plans and related documents will be provided to the
Director. (Amended November 5, 2007, Ord. No. 1206)
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Chapter 14
OFFENSES
Article 1. Offenses: General
§14-1-1. Offense; Definition.
(A)
The word "offense" whenever used in this chapter shall be held to mean the unlawful
act of doing, or failing to do, some particular act or thing construed herein to be
detrimental to the general welfare, morals, peace, health or safety of the inhabitants of
the City of Jenks, Oklahoma.
§14-1-2. Offenses; Penalty.
(A)
Except in cases where a different punishment is now or may hereafter be prescribed by
ordinance, any person who commits an offense shall, upon conviction, be fined in any
sum not to exceed two hundred dollars ($200.00), plus costs. Each day upon which a
violation continues shall constitute a separate offense.
§14-1-3. Attempts to Commit an Offense.
(A)
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.
§14-1-4. Aiding in an Offense.
(A)
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 is guilty of an offense and punishable
in the same manner as the principal offender.
Article 2. Offenses against Decency, Morality and Public Policy
§14-2-1. Gambling Prohibited.
(A)
It is unlawful for any person, firm or corporation, or agent or employee thereof, to
play, to open or caused to be opened, or to operate, carry on or conduct, whether for
hire or note, any game or faro, or any device, for money, checks, chips, credit, or any
other thing of value; to set up, operate, or permit to be operated, any slot machine or
other device whatsoever where money, checks, chips, credit, or any other thing of
value are played, when the act of playing the same results in a gain or loss to the party
playing ; or to gamble knowingly in any other manner; or knowingly to permit his or
its premises, houses, lot or other property to be used in connection with, or for any act
declared unlawful in this section.
§14-2-2. Loitering about Place Where Gambling is Going On.
(Repealed Ord. #875, 11/20/95)
Note: As regards to seizure of gambling equipment, see 22 O.S. 1972, §1261 to 1264.
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§14-2-3. Harmful Deception.
(A)
It is unlawful for any person knowingly to deceive another (whether by impersonation,
misrepresentation, or otherwise) when such deception results in or contributes to the
loss, damage, harm, or injury of the person deceived or of a third party, or results in or
contributes to the benefit of the deceiver.
§14-2-4. False or Bogus Checks.
(A)
It is unlawful for any person, with intent to cheat and defraud, to obtain or attempt to
obtain from any person any money, property, or valuable thing of the value of fifty
dollars ($50.00) or less by means of any false or bogus check or by any other written
or printed or engraved instrument or spurious coin. The term "false or bogus check'
shall include checks or orders given for money or property which are not honored on
account of insufficient funds of the maker to pay the same, as against the maker or
drawer thereof. The making, drawing, issuing, or delivering of a check, draft, or order,
payment of which is refused by the draw, shall be prima fade evidence of intent to
defraud and the knowledge of insufficient funds in, or credit with, such bank or other
depository; provided, such maker or drawer shall not have paid the draw the amount
due thereon, together with the protest fees, within five (5) days from the date the same
is presented for payment; and provided, further, that said check or order is presented
for payment within thirty (30) days after same is delivered and accepted.
§14-2-5. Begging Prohibited.
(A)
It is unlawful for any person to beg alms from any person, organization or agency
except an organization or agency, public or private, whose purpose or one of whose
purposes is to aid persons in need.
§14-2-6. Loitering about Public Schools, etc.
(Repealed Ord. #875, 11/20/95)
§14-2-7. False Registration; Unlawful to Make.
(A)
It shall be unlawful and an offense for any person to register or attempt to register
under a false or assumed name to any hotel or rooming house within the City of Jenks,
Oklahoma.
§14-2-8. False Registration; Unlawful to Accept.
(A)
It shall be unlawful and an offense for any person having control or management
thereof or the charge of registering guests in any hotel or rooming house to register or
permit such guests to register under an assumed or false name when such person has
knowledge that the name offered for registration is not the correct name of the party
attempting such registration.
§14-2-9. Immoral Conduct, Consorting.
(A)
It is unlawful for any person to engage in illicit sexual intercourse or any immoral act,
or knowingly to consort with a prostitute or other person of immoral vocation, or to
consort with another for an immoral purpose, or to occupy any room for an immoral
purpose, whether in a public or private place in the city, or to loiter about a house or
place of prostitution or a house or place devoted to lewd or immoral acts.
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§14-2-10. Disorderly House.
(A)
Any person, who shall keep or maintain, or aid, abet or assist in keeping and
maintaining any disorderly house in said city shall be deemed guilty of an offense.
The term disorderly house herein used shall be held to include any brothel, bawdy
house, house of ill fame, gaming house, gambling house, house of assignation, or
house or room where persons congregate or engage in the unlawful use of controlled
drugs as defined by the Oklahoma Statutes, or any other house or place usually
included within the meaning of the term "disorderly house".
§14-2-11. Disorderly House; Leasing Property for.
(A)
Any person who shall lease or let his house or building in the City of Jenks for the
purpose of keeping therein any disorderly house, brothel, bawdy house, house of ill
fame, house of assignation, gaming house, or gambling house, or who knowing or
ascertaining that his house or building is so occupied and used, shall fail or neglect to
immediately oust the occupant thereof, shall be deemed guilty of an offense.
§14-2-12. Disorderly House-Reputation-Presumptive Evidence.
(A)
The general reputation of any such disorderly house, brothel, gaming house, or
gambling house, bawdy house, house of ill fame or house of assignation, shall be
presumptive evidence of character of such houses.
§14-2-13. Residing in a House of Prostitution, etc.
(A)
It is unlawful for any person to be a resident of a house or prostitution or of a house or
place devoted to lewd or immoral acts.
§14-2-14. Pimps, etc.
(A)
It is unlawful for any person to act as a pimp, or procurer, for any house or place of
prostitution or for any prostitute or other person engaged in an immoral vocation, or to
procure, assist in procuring, or attempt to procure any person for another for illicit
sexual intercourse or for any other immoral purpose.
§14-2-15. Nudity, Improper Dress Indecent Exposure.
(A)
It is unlawful for any person to appear in any public place in the city in a state of
nudity or in any offensive, indecent, or lewd dress; or to make an indecent public
exposure of his or her person.
§14-2-16. Unseemly Conduct; Acts Detrimental to Good Morals; Peeping.
(A)
It is unlawful for any person to conduct himself or herself in a lewd or indecent
manner or in a manner offensive to the good morals of the city, in any public or
private place within the city.
(B)
It is unlawful for any person to hide or loiter in the vicinity of any private dwelling
house, apartment, or building with the intent to watch, or gaze or look at, occupants
therein in a clandestine manner; or, while so hiding or loitering, to watch, or gaze or
look at, occupants therein in a clandestine manner.
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§14-2.17. Possession of Intoxicating Liquors, etc.
(A)
It is unlawful for any person to have in his possession or under his control any
intoxicating liquor or beverage of any kind, except as permitted by law, or to transport
or in any manner convey from place to place within the city any such intoxicating
liquor or beverage except as permitted by law.
§14-2-18. Loitering Where Intoxicating Liquor is Sold, etc., Contrary to Law.
(Repealed Ord. #875, 11/20/95)
§14-2-19. Maintaining a Place Where Intoxicating Liquor is Sold Contrary to Law.
(A)
It is unlawful for any person or agent or employee thereof, to keep, maintain, or aid or
abet in keeping or maintaining, a place where intoxicating liquor is sold, bartered,
given away or otherwise furnished in violation of law or the ordinances of the city.
§14-2-20. Drunkenness and Drinking in a Public Place.
(A)
It is unlawful for any person drunk, or in a state of intoxication, to appear or be upon
or in any street, alley, place of business, or other public place; or for any person to
drink intoxicating liquor or beverage upon or in any street, alley, or other public place
within the city.
§14-2-21. Marijuana: Use, Sale, etc.
(A)
It is unlawful for any person under the influence of marijuana to appear or be upon or
in any street, alley, place of business, or other public place; or for any person to loiter
about in a place where marijuana is sold or furnished illegally; or for any person in the
City of Jenks to have in his or her possession or immediate control, any marijuana,
hashish, or any derivative of the hemp plant - cannabis sativa. (Amended, Ord. #269,
August 16, 1976).
(B)
No person shall use or possess drug paraphernalia to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into
the human body a controlled dangerous substance in violation of the Oklahoma
Uniform Controlled Dangerous Substances Act, except those persons holding an
unrevoked license in the professions of podiatry, dentistry, medicine, nursing,
optometry, osteopathy, veterinary medicine or pharmacy.
(C)
No person shall deliver, possess or manufacture drug paraphernalia knowing it will be
used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject,
ingest, inhale or otherwise introduce in the human body a controlled dangerous
substance in violation of the Oklahoma Uniform Controlled Dangerous Substances
Act. (63 O.S.A. §2-405.)
§14-2-22. Furnishing Tobacco Products to Minors.
(A)
Any person who shall furnish to any minor, being defined as a person under the age of
eighteen, by gift, sale or otherwise any cigarettes, or cigarette papers, cigars, snuff,
chewing tobacco, or any other form of tobacco product shall be guilty of an offense.
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(B)
Any tobacco products found in the possession of a minor is deemed contraband and
may be seized by a police officer and disposed of or used as evidence in the
prosecution of a person violating this section. (Added, Ord. #595, Sept.16, 1985.)
Article 3. Offenses Against Peace
§14-3-1. Carrying Certain Concealed Weapons Prohibited.
(A)
It shall be unlawful for any person to carry upon or about his or her person, or in a
purse or other container belonging to the person, any pistol, revolver, shotgun or riflewhether loaded or unloaded, or any dagger, bowie knife, dirk knife, switchblade knife,
spring-type knife, sword cane, knife having a blade which opens automatically by
hand pressure applied to a button, spring, or other device in the handle of the knife,
blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive
weapon, whether such weapon is concealed or unconcealed, except this section shall
not prohibit the proper use of guns and knives for hunting, fishing, educational or
recreational purposes, and shall not prohibit the carrying or any use of weapons in a
manner otherwise permitted by statute or as may be authorized by the Oklahoma SelfDefense Act, when the person possesses a valid handgun license. (Amended Ord. #
883, Feb. 5, 1996).
§14-3-2. Carrying Certain Concealed Weapons Prohibited; Confiscation.
(A)
In addition to the penalty provided herein, the judge of the municipal criminal court
may order and adjudge any weapon or article specified in this article to be an
instrument used in violation of the public safety and in the furtherance of a nuisance,
and may order same to be destroyed by the chief of police of said city in case said
article has no value for a lawful purpose, but if it has any value for a lawful purpose, it
may be ordered by said judge to be held pending a hearing on a date set by the judge
to determine whether such weapon shall be confiscated. Any person known to the
chief of police to be claiming an interest in such weapon shall be notified in writing of
such hearing at least five (5) days prior thereto, provided that notice given in open
court to the person in whose possession of said weapon is found shall be sufficient as
to him. Upon such hearing, the court may order such weapon sold unless it appears to
the court that the owner thereof did not participate in or have knowledge of such
violation or of the intended use of such weapon. Said weapon, if ordered sold, shall be
sold at public auction by the chief of police upon the posting of a notice at the police
station three (3) days prior thereto and the proceeds shall be paid into the general fund
of the City of Jenks and will be used for the sole purpose of police officers training
and the purchase of police equipment.
§14-3-3. Discharging Firearms, Air Rifles, and BB Guns.
(A)
It is unlawful for any person to discharge a firearm in the city except when doing so in
line of duty, when lawfully doing so in defense of oneself, of another person, or of
property, or when otherwise authorized by law or ordinance or as provided herein.
(B)
It shall be unlawful for any person to fire, shoot or discharge any air rifle, air gun,
pellet weapon or CO2 cartridge gun within the limits of the City of Jenks, Oklahoma,
except as otherwise provided herein.
(C)
It shall be lawful to discharge a shotgun, excluding slugs or an air rifle, air gun, pellet
weapon or CO2 cartridge gun, in an AG zoned area, provided such discharge is not
within five hundred (500) feet of any public roadway, public facility or dwelling other
than the owner of the premises.
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§14-3-4. Assembly-Unlawful.
(A)
Any three (3) or more persons who shall in this city assemble together, or shall set in
concert, or do any unlawful act with force or violence against the property of this city,
or the persons or property of another or against the peace or to the terror of others, and
shall make any movement or preparation therefore, and every person present at such
meeting or assembly who shall not endeavor to prevent the commission or
perpetration of such unlawful act, shall be deemed guilty of an offense.
§14-3-5. Assembly on Streets-Permits.
(A)
Permits for the holding of peaceable public and religious discourses may be granted
by the City Manager or his designated representative, revocable at any time to be held
at such times and places, and in such manner upon public thoroughfares, in said city,
as shall not interfere with the general traffic or convenience, and when a permit
therefore shall have been issued, it shall be unlawful and an offense, for any person to
disturb or disquiet such gathering or assembly, or make any loud or unusual noises or
by any rude behavior annoy the speaker or other persons at such meeting.
§14-3-6. Disturbing the Peace of Others; Insulting Others, Disorderly Conduct.
(A)
It is unlawful for any person to disturb the peace of another or others by violent,
obstreperous, or improper conduct or carriage, by loud or unusual noise, or by
unseemly, obscene, offensive, or abusive language; or to insult another or others by
such conduct or language; or to conduct himself in a disorderly manner.
§14-3-7. Disturbing Religious Worship.
(A)
It is unlawful for any person to disturb any congregation or assembly of persons
meeting for religious worship by making noise, by rude, indecent or improper
behavior, by profane, improper or loud language, or in any other manner, either within
the place of assembly or within hearing distance thereof.
§14-3-8. Disturbing Public Assembly.
(A)
It is unlawful for any person to disturb any lawful public gathering or assembly by
making noise, by rude, indecent, or improper behavior, by profane, improper, or loud
language, or in any other manner, either within the place of assembly or within
hearing distance thereof.
§14-3-9. Loud Noise or Music Prohibited.
(A)
It is unlawful for any person to disturb the peace and quietude of any part of the city
by operating, having operated, or permitted to be operated, any contrivance, whether
electric or not, with or without a loud speaker, in such a manner as to emit loud music,
noise, or words. However, this shall not prohibit religious bodies from playing chimes,
bells, carillons, or other religious music.
§14-3-10. Displaying Insulting Signs, etc.
(A)
It is unlawful for any person to display any sign, emblem, badge, flag, or device which
in its common acceptance is insulting, profane, or abusive to the citizens of the city,
and which is calculated or of which the natural consequence, is to cause a breach of
the peace or an assault.
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§14-3-11. Literature or Language Ridiculing Deity. etc.
(A)
It is unlawful for any person to circulate any literature or use any language within the
corporate limits of the city, that casts profane, ridicule on any deity or religion, which
in its common acceptance is calculated to cause a breach of the peace or an assault.
Article 4. Offenses Against Persons
§14-4-1. Assault and Battery: Defined, Prohibited.
(A)
An assault is any willful and unlawful attempt or offer with force or violence to do a
corporal hurt to another.
(B)
A battery is any willful and unlawful use of force or violence upon the person of
another.
(C)
It is unlawful to commit an assault or an assault and battery within the city, and any
person committing an assault or assault and battery within the city is guilty of an
offense.
§14-4-2. Obscene, Threatening or Harassing Telephone Calls.
(A)
(B)
It shall be unlawful for a person who, by means of a telephone, willfully either:
(1)
Makes any comment, request, suggestion, or proposal which is obscene, lewd,
lascivious, filthy, or indecent;
(2)
Makes a telephone call, whether or not conversation ensues, with intent to put
the party called in fear of physical harm or death;
(3)
Makes a telephone call, whether or not conversation ensues, without
disclosing his identity and with intent to annoy, abuse, threaten, or harass any
person at the called number;
(4)
Knowingly permits any telephone under his control to be used for any purpose
prohibited by this section;
(5)
In conspiracy or concerted action with other persons, makes repeated calls or
simultaneous calls solely to harass any person at the called number(s).
Use of a telephone facility under this section shall include all use made of such a
facility between the points of origin and reception. Any offense under this act is a
continuing offense and shall be deemed to have been committed at either the place of
origin or the place of reception. (Added Ord. #874, Nov. 20, 1995)
Article 5. Offenses Against Property
§14-5-1. Petit Larceny: Defined, Prohibited.
(A)
Petit larceny is the taking of personal property of value not to exceed fifty dollars
($50.00) accomplished by fraud or stealth and with intent to deprive another thereof,
when the property is taken from the person, premises or property of another.
(B)
Petit larceny is unlawful, and any person who commits petit larceny is guilty of an
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offense.
§14-5-2. Molesting Automobiles and Other Vehicles.
(A)
It is unlawful for any person to crank, start, otherwise meddle with, molest, enter,
occupy, loiter in, any automobile or other vehicle belonging to another, without the
consent of the owner or person in charge thereof.
§14-5-3. Destroying, Injuring, or Molesting Buildings and Other Property.
(A)
It is unlawful for any person to destroy, injure, deface, besmear, or molest any
structure, building, outbuilding, fence, or any other property real or personal, public or
private, belonging to another; or to use any such property wrongfully to the detriment
of the owner or other person entitled to its use; or to interfere wrongfully with the use
of any such property by its owner or any other person entitled to its use.
§14-5-4. Placing Signs, etc., on Property of Another.
(A)
It is unlawful for any person to place, stick, tack, paste, post, paint, mark, write, or
print any sign, poster, picture, announcement, advertisement, bill, placard, device or
inscription upon any public or private building, fence, sidewalk, bridge, viaduct, post,
automobile, other vehicle, or other property of another, without the consent of the
owner or person in charge thereof.
§14-5-5. Throwing or Shooting at Persons or Property.
(A)
It is unlawful for any person to throw or shoot any stone, shot, or other object into or
across any street or alley, or in any place where he is likely to hit another person
wrongfully or to injure property, or to throw or shoot any stone, shot, or other object at
any person, vehicle, structure, electric light, or other property of another (whether
public or private), except in case where such is done in defense of oneself, or another
person, or of property.
§14-5-6. Tampering with or Damaging Public Utilities, etc.
(A)
It is unlawful for any person to connect or attach any kind of pipe, wire, or other
contrivance to any pipe, line, wire, or other conductor carrying gas, water, sewer, or
electricity and belonging to a public utility (whether publicly or privately owned) or a
public authority, in such a manner as to enable him to consume or use the gas, water,
sewer or electricity without its passing through the meter or in any way so as to evade
payment therefore. It is also unlawful for any person to damage, molest, tamper with,
or destroy any pipe, line, wire, meter or other part of any public authority or public
utility, including telegraph and telephone systems, or cable television systems.
§14-5-7. Unlawful Intrusion Upon Land.
(A)
Every person who intrudes or squats upon any lot or piece of land within the city
without license or authority from the owner thereof, or who erects or occupies thereon
any hut, hovel, shanty, or other structure without such licenses or authority, and every
person who places, erects, or occupies within the bounds of any street, alley or avenue
of the city, any hut, hovel, shanty, or other structure whatever is guilty of an offense.
§14-5-8. Unlawful Entrance.
(A)
Trespassing is hereby declared to be an offense and shall be defined as follows:
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(1)
Each and every actual entry upon the premises of another person's real
property, public or private, without the owner's or occupant's consent thereof,
whether expressed or implied.
(2)
Each and every entry upon any public or private premises which is posted or
where warning has been published to stay out of and off said premises.
(3)
Each and every entry in or upon public property, except at times and upon
conditions when the same is subject to public use.
(4)
The use of any public building, except for the purpose of transacting business
with a public corporation, unless the manner, purpose and extent of its use is
first presented and the consent given by the City Council or the City Manager
of Jenks.
Remaining upon the premises of another, whether public or private, and
refusing to leave said premises forthwith after demand by the owner or
occupant, or the lawful agent thereof.
(5)
(6)
Remaining upon property owned by or in possession of the Jenks Public
School System or any parochial school in the City of Jenks after such person
has been requested to leave and vacate such school premises by any faculty
member, principal or police officer unless permission therefore has been given
by a faculty member, principal or designated school employee. (Amended
Ord. #268, August 16, 1976).
§14-5-9. Failure to Return Leased or Rented Property.
(A)
Any person having any item of personal property in his possession or under his control
by virtue of a lease, rental agreement, or rental-purchase agreement who willfully fails
to return said item of personal property within ten (10) days after the lease, rental
agreement, or rental-purchase agreement has expired, shall be guilty of an offense.
(Enacted Ord. #717, Feb. 19, 1990).
Article 6. Offenses Against Public Authority
§14-6-1. Refusing or Failing to Assist an Officer.
(A)
An officer of the city making or about to make an arrest, or executing or about to
execute a warrant or other process, in accordance with the ordinances of the city or
with state or federal law, or suppressing or about to suppress a riot, affray, or unlawful
assembly, may call upon a person or persons to assist him in making such arrest,
executing such process, or suppressing such riot, affray, or unlawful assembly.
(B)
It is unlawful for any person lawfully called upon thus to assist an officer of the city to
refuse or fail to do so.
§14-6-2. Resisting Officers, etc.
(A)
It is unlawful for any person knowingly or willfully to resist, oppose, or obstruct the
chief of police, any other policeman, the municipal judge, or other officer or employee
of the city in the discharge of his official duties; or, by threats or otherwise, to
intimidate or attempt to intimidate any such officer or employee from the discharge of
his official duties; or to assault or beat, or revile, abuse, be disrespectful to, use
abusive or indecent language toward or about, any such officer or employee while
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such officer or employee is in the discharge of his official duties.
§14-6-3.
(A)
Rescuing Prisoners; Assisting to Escape; Giving Weapons, Alcoholic Beverages,
or Controlled Drugs.
It is unlawful for any person, in any unlawful manner, to set at liberty, rescue, or
attempt to set at liberty or rescue, any prisoner or prisoners, from any officer or
employee of the city having legal custody of the same or from the city jail or other
place of confinement by the city, or to assist such prisoner in any manner to escape
from such prison or custody, or to give such prisoner any weapon or object which
might be used as a weapon or instrument to assist him in escape, or to give such
prisoner any alcoholic beverage or controlled drugs.
§14-6-4. Escape of Prisoners.
(A)
It is unlawful for any person confined in the city jail or other place of confinement by
the city, or working upon the streets or other public places of the city in the pursuance
of any judgment, or otherwise held in legal custody by authority of the city, to escape
or attempt to escape from any such jail, prison, or custody.
§14-6-5. Impersonating an Officer or Employee.
(A)
It is unlawful for any person to impersonate any officer or employee of the city,
falsely represent himself to be an officer or employee of the city, or exercise or
attempt to exercise any of the duties, function, or powers of an officer or employee of
the city without being duly authorized to do so.
§14-6-6. False Representation to an Officer.
(A)
It is unlawful for any person or any agent or employee thereof knowingly to make any
material misrepresentation to any officer, employee or agency of the city government
in any official application to, or official dealing or negotiation with, such officer or
agency; or to commit perjury before any tribunal or officer of the city.
Article 7. Miscellaneous Offenses
§14-7-1. False Fire Alarms.
(A)
It is unlawful for any person to turn in a false fire alarm, or in any manner deceive or
attempt to deceive the fire department or any officer or employee thereof with
reference to any fire alarm or reported fire, or knowingly to cause the fire department
or its officers or employees to make a useless run.
§14-7-2. Insulting Teachers.
(A)
If any parent or guardian or other person from any cause, fancied or real, visits any
school in the city and insults any teacher in the presence of his or her pupils, the
person so offending shall be deemed guilty of an offense.
§14-7-3. Removal of Barricades, etc.
(A)
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.
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§14-7-4. Failure to Pay for Ambulance Service.
(A)
Any person who uses but fails to pay for ambulance service is guilty of an offense.
§14-7-5. Contributing to the Delinquency of Minors.
(A)
Every person who shall knowingly or willfully cause, aid, abet or encourage a minor
to be, to remain, or to become a delinquent child, as hereinafter defined, shall be guilty
of an offense and punishable by a fine not to exceed one-hundred dollars ($100) plus
court costs for such offense. Each such offense shall be deemed a separate offense.
(B)
For purposes of this section, the following definitions shall apply, to-wit:
(1)
"Every person" shall include human beings, without regard to their legal or
natural relationship to such minor, as well as legal or corporation entities.
(2)
"Minor" or "Child" shall include male or female persons who shall not have
arrived at the age of eighteen (18) years at the time of the commission of the
offense.
(3)
"Encourage", in addition to the usual meaning of the words, shall include a
willful and intentional neglect to do that which will directly tend to prevent
such act or acts of delinquency on the part of such minor, when the person
accused shall have been able to do so.
(4)
"Delinquent child" shall include a minor, as herein defined, who shall have
been or is violating any penal statute of this state or ordinance of the City of
Jenks, or who shall have been or is committing any one or more of the
following acts, to-wit:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Associating with thieves, vicious or immoral persons.
Frequenting a house of ill repute.
Frequenting any policy shop, or place where any gambling device is
operated.
Frequenting any saloon, dram shop, still, or any place where intoxicating liquors are manufactured, stored or sold.
Possession, carrying, owning or exposing any vile, obscene, indecent,
immoral or lascivious photographs, drawing, picture, book, paper,
pamphlet, image, device, instrument, figure or object.
Willfully, lewdly or lasciviously exposing his or her person, or private
parts thereof, in any place, public or private, in such manner as to be
offensive to decency, or calculated to excite vicious or lewd thoughts,
or for the purpose of engaging in the preparation or manufacture of
obscene, indecent or lascivious photographs, pictures, figures or
objects.
Possession, transporting, selling or engaging or aiding or assisting in
the sale, transportation or manufacture of intoxicating liquor or the
frequent use of same.
Possession, transporting, selling or consuming non-intoxicating
alcoholic beverages in a manner contrary to the laws of the State of
Oklahoma or the ordinances of the City of Jenks.
Being a runaway from his or her parent or legal guardian.
Violating any penal provision of the Uniform Controlled Dangerous
Substances Act. (Enacted Ord. #662, Dec. 21, 1987)
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§14-7-6. Altered, Counterfeit, or Fictitious Identification Documents.
(A)
(B)
As used herein, identification card, document or certificate is defined as printed forms
which contain:
(1)
The name and photo of a person; or
(2)
The name and physical description of a person; or
(3)
Any combination of the above and which is capable of leading a person to
believe it has been issued for the purpose of identifying the person. It does
not, however, include a printed form which states "Not for Identification" in at
least six-point type.
It is an offense for a person to:
(1)
Purchase, display or knowingly possess any identification document, card, or
certificate which bears altered or fictitious information concerning the date of
birth, sex, height, eye color, weight, or fictitious or forged name or signature
or a photo of any person, other than the person named on the form.
(2)
Display or knowingly possess any counterfeit or fictitious identification or
document, card, or certificate.
(3)
Use the "Great Seal of the State of Oklahoma" or facsimile on any identification document, card, or certificate unless it is issued by the State of
Oklahoma, political subdivision or federal government. (Enacted Ord. #665,
Jan. 18, 1988.)
§14-7-7. Unlawful to Deposit Trash, Litter, etc.
(A)
Any person who deliberately places, throws, drops, deposits or discards any garbage,
trash, waste, rubbish, refuse, debris or other deleterious substances on any public
property or on any private property of another without consent shall be guilty of an
offense.
(B)
Any full-time police officer of the City of Jenks upon investigation of the disposal of
any substance in violation of this section which contains three or more items bearing a
common address in a form which tends to identify the latest owner of the items shall
create a rebuttable presumption that all competent persons residing at such address
committed the unlawful act.
(C)
The operator of a vehicle shall be liable for any act of throwing, dropping, depositing,
or otherwise placing any littler from his vehicle upon highways, roads or public
property unless any other person in the vehicle admits to or is identified as having
committed said act. Any person who admits to or is identified as having committed
said act shall be liable for said act.
(D)
As used in this section, "Litter" means any flaming or glowing substances except those
which by law may be placed upon highway rights-of-way, any substance which may
cause a fire, any bottles, cans, trash, garbage, or debris of any kind. As used in this
section, "Lifter" shall not include trash, garbage, or debris placed beside a public road
for collection by a garbage collection agency, or deposited upon or within public
property designated by the state or by any of its agencies or political subdivisions as
an appropriate place for such deposits if the person making the deposit is authorized to
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use the property for such purpose.
(E)
In addition to the penalty prescribed for a violation of this section, the court may direct
the person to make restitution to the property owner affected; to remove and properly
dispose of the garbage, trash, waste, refuse or debris from the property; to pick up,
remove and properly dispose of garbage, trash, waste, rubbish, refuse, debris and other
non-hazardous deleterious substances from public property; or any combination of the
foregoing which the court, in its discretion, deems appropriate. The dates, times and
locations of such activities shall be scheduled by the Jenks Police Department
pursuant to the order of the court in such a manner as not to interfere with the
employment or family responsibilities of the person. (Amended Ord. 699, Dec. 19,
1988)
§14-7-8. Curfew for Minors; Exceptions.
(A)
It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public
place, either on foot or to cruise about without a set destination in any vehicle in,
about, or upon any place within the city between the hours of 11:00 p.m. and 6:00 a.m.
except Friday and Saturday evening when the curfew will commence at 12:00 a.m.,
unless accompanied by a parent, guardian or other adult person having custody or
control of said minor. This prohibition shall not apply to any minor who is on an
emergency errand or specific activity directed or permitted by their parent, guardian or
other adult person having the care and custody of said minor, or where the presence of
such minor is connected with or required by some legitimate employment, trade,
profession or occupation.
(B)
It shall be unlawful for the parent, guardian or other adult person having custody or
control of any minor under the age of eighteen (18), not otherwise emancipated, to
permit, or by inefficient control to allow such person to be on the streets or sidewalks
or in any public place within the city between the hours of 11:00 p.m. and 6:00 a.m.
except Friday and Saturday evening when the curfew will commence at 12:00 a.m. in
violation of this section. Provided, that the provisions of this section do not apply to a
minor accompanied by their parent, guardian or other adult person having such
custody and control of the minor. Provided, further, that this section shall not apply to
the parents or guardians of children concerning whom a missing person notification
has been made to the police department.
(C)
That if a minor is in attendance at an event within the Jenks City Parks, or in
attendance at an event or activity sponsored by the Jenks Public Schools, which event
or activity does not conclude until after 11:00 p.m., or 12:00 a.m., on Friday or
Saturday evenings, then the curfew imposed herein shall be extended until thirty (30)
minutes after the conclusion of said event or activity.
(D)
That in the case of a special event or activity, an individual or entity may request
modification of the curfew hours in advance through applications to the Chief of
Police and approval by the City Manager. (Enacted, Ord. #758, Sept. 3, 1991.)
Article 8. Penalty.
§14-8-1. Penalty.
(A)
Any person who violates or fails to comply with any provision of this chapter
or legal order or regulation made pursuant thereto, unless said penalty is
specifically provided for such offenses in this chapter, shall be guilty of an
offense; and upon conviction thereof shall be punished by a fine or not more
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than two-hundred dollars ($200.00) plus court costs, except for a violation of
§14-2-21 (A) (Marijuana; use, sale, etc.), §14-4-1 (Assault & Battery), §14-5-1
(Petit Larceny), for which these shall be a punishment of up to thirty (30) days
incarceration and/or a fine or deferral fee in lieu of a fine of not more than five
hundred ($500.00) plus court costs, and except, §14-5-5 (Throwing or Shooting
at Persons or Property), § 14-5-6 (Tampering with or Damaging Public
Utilities, etc.), §14-6-2 (Resisting Officers, etc), §14-6-3 (Rescuing prisoners,
assisting to escape, giving weapons, alcoholic beverages or controlled drugs)
and §14-5-3 (Destroying, injuring or molesting buildings or other property), for
which there shall be a punishment of a fine or a deferral fee in lieu of a fine of
not more than five-hundred dollars ($500.00) plus court costs. (Amended June
15, 2009, Ord. # 1251)
Article 9. Alcohol or Substance Abuse Offenses by Persons
Under 21 Years of Age
§14-9-1. Alcohol or Substance Abuse Offenses ay Persons Under 21 Years of Age
(A)
It is unlawful and punishable as provided in subsection C of this section, for any
person under twenty-one (21) years of age to drive, operate, or be in actual physical
control of a motor vehicle within this state who:
(1)
Has any measurable quantity of alcohol in the person's blood or breath at the
time of a test administered within two (2) hours after an arrest of the person;
(2)
Exhibits evidence of being under the influence of any other intoxicating
substance as shown by analysis of a specimen of the person's blood, breath,
saliva, or urine in accordance with the provisions of Section 752 and 759 of
Title 47 of the Oklahoma Statutes; or
(3)
Exhibits evidence of the combined influence of alcohol and any other
intoxicating substance.
(B)
As used in this section, the term "other intoxicating substance" means any controlled
dangerous substance as defined in the Uniform Controlled Dangerous Substances Act,
Section 2-101 et seq. of Title 63 of the Oklahoma Statutes, or any other substance,
other than alcohol, which is capable of being ingested, inhaled, injected or absorbed
into the human body and is capable of adversely affecting the central nervous system,
vision, hearing, or other sensory or motor function.
(C)
Any person under twenty-one (21) years of age who violates any provision of this
section shall, upon conviction, be guilty of driving under the influence while under
age.
(1)
A violator shall be punished for a first offense by a fine of not less than One
Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00), or
by completion of twenty (20) hours of community service, or by requiring the
person to attend and complete a treatment program, or by any combination of
fine, community service, or treatment.
(2)
Any violator, upon a second or subsequent conviction, shall be punished by a
fine of not less than One Hundred Dollars ($100.00) nor more than Two
Hundred Dollars ($200.00), or by completion of forty (40) hours of
community service, or by requiring the person to attend and complete a
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treatment program, or by any combination of fine, community service, or
treatment.
(3)
The Court may assess additional community service hours in lieu of any fine
specified in this section.
(4)
In addition to any penalty imposed pursuant to the provisions of this section,
the person may be subject to:
(a)
(b)
(c)
The cancellation or denial of driving privileges as ordered by the
Court pursuant to Section 6-107.1 of Title 47 of the Oklahoma
Statutes;
The seizure of the driver's license at the time of arrest or detention,
and the administrative revocation of driving privileges by the
Department of Public Safety pursuant to Section 754 of Title 47 of the
Oklahoma Statutes, and
The mandatory revocation of driving privileges pursuant to Section 6205.1 of Title 47 of the Oklahoma Statutes, which revocation period
may be modified as provided by law.
(D)
When the Municipal Court has determined that a person under the age of eighteen (18)
years has committed any offense described in subsection F, or that a person eighteen
(18), nineteen (19), or twenty (20) years of age has committed an offense described in
Section A, the Court shall notify the Department of Public Safety on a form prescribed
by the Department.
(E)
The notice shall include the name, date of birth, physical description and, if known,
the drivers license number of the person. The notice shall contain a recommendation
to the Department to cancel or deny driving privileges for a specified period of time,
in the discretion of the Court, except as otherwise provided by law, as follows:
(1)
For a period not to exceed six (6) months; or
(2)
For a period not to exceed one (1) year; or
(3)
For a period not to exceed two (2) years; or
(4)
Until the person attains twenty-one (21) years of age.
The Court shall send a copy of the notice to the person first class, postage prepaid.
(F)
In addition to the administrative revocation of driving privileges, and the mandatory
revocation of driving privileges, this section applies to any crime, violation, infraction,
traffic offense or other offense involving or relating to the possession, use, sale,
purchase, transportation, distribution, manufacture, or consumption of beer, alcohol,
or any beverage containing alcohol and to any crime, violation, infraction, traffic
offense or other offense involving or relating to the possession, use, sale, purchase,
transportation, distribution, manufacture, trafficking, cultivation, consumption,
ingestion, inhalation, injection, or absorption, of any controlled dangerous substance
as defined by paragraph 8 of Section 2-101 of Title 63 of the Oklahoma Statutes or
any substance which is capable of being ingested inhaled, injected or absorbed into the
human body and is capable of adversely affecting the central nervous system vision,
hearing, other sensory or motor functions. (Added Ord. 908, Jan. 20, 1997).
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289
CHAPTER 15
PARKS AND RECREATION
Article 1. Administration and Control
§15-1-1. Rules for Use of Recreational Facilities.
(A)
The Jenks City manager may from time to time implement rules, regulations and other
requirements, as deemed necessary or expedient in connection with the use of all
recreational facilities owned or operated by the City of Jenks. Such rules shall only be
implemented pursuant to the rule making authority of the City Manager as set forth in
Section 1-2-1(B) of the Code, unless approved earlier by motion of Council.
§15-1-2. Fees to be Determined.
(A)
The Jenks City Manager shall provide by rules, from time to time, the fees to be
charged for various uses of the parks and recreational facilities Owned or operated by
the City of Jenks. Such fees are to be implemented pursuant to the rule making
authority of the City Manager pursuant to Section 1-2-1(B) of the Code, unless
approved earlier by motion of Council.
§15-1-3. Use of Parks and Public Areas Prohibited Without Consent.
(A)
The use of the parks and public areas within the corporate limits of the City of Jenks,
for overnight camping is prohibited without the consent of the city manager or upon
his denial on appeal to the mayor and city council.
§15-1-4. Fine.
(A)
Any person, firm or association using the areas above defined in a prohibited manner
shall be subjected to a fine of not more than one hundred dollars ($100.00) plus court
costs, and each day shall constitute a new and separate offense.
§15-1-5. Mayor and Council May Waive.
(A)
The foregoing prohibition and penalty may be waived by the city manager or on
appeal to the mayor and council at any regular or special meeting in favor of any
organized group or association, for such time as specified, not to exceed five (5) days
and nights, consecutively.
§15-1-6. Presumptive Evidence.
(A)
The being on premises of any trailer, tent, or shelter one (1) hour after sundown in the
areas described in Section 15-1-3 shall constitute presumptive evidence of the breach
of this code.
§15-1.7. Unlawful Use of Motor Vehicles in Park.
(A)
It shall be unlawful for any person to drive any truck, automobile, motorcycle, motor
scooter, or other motor vehicle or to ride any horse, pony or other animal in or upon
the public parks within the limits of the City of Jenks except upon clearly defined
public roadways or public parking areas in such parks or except in cases of public
interest when authorized and directed to do so by the city manager of the City of
Jenks, Oklahoma.
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Article 2. Parks & Recreation Supervisor
§15-2-1. Parks and Recreation Supervisor Authorized; Duties.
(A)
The responsibility for parks and recreation for the City of Jenks is the primary
responsibility of the city manager who may delegate such authority to a parks and
recreation supervisor.
(B)
It shall be the duty of the city manager or parks and recreation supervisor to carry out
the rules and regulations as are promulgated by the mayor and city council and to
recommend additional regulatory measures for adoption by the mayor and city council
for the orderly use of recreational facilities by the public
(C)
It shall be the further duty of the city manager or parks and recreation supervisor to
recommend additional facilities to the mayor and city council to insure orderly
development of additional recreational facilities as the need arises.
Article 3. Penalty
§15-3-1. Penalty.
(A)
It shall be unlawful for any person to use any of such recreational facilities owned or
operated by the City of Jenks, Oklahoma, without having complied with the rules and
regulations promulgated by the city council of the City of Jenks, Oklahoma, in
connection therewith; and anyone violating any of the rules and regulations, or failing
to comply with such, shall be guilty of an offense, and on conviction thereof, shall be
fined in an amount not to exceed one hundred dollars ($100.00) plus court costs. Each
day upon which a violation continues shall be deemed a separate offense. (Amended
Ord. #534, Nov. 21, 1983)
Article 4. Residential Development Recreational Fee
§15-4-1. Purpose.
(A)
As land is developed for residential use, a need for additional or upgraded recreational
facilities is created to serve these new residents. In order to enable the City of Jenks to
provide these new facilities, a fee is hereby imposed on all residential development
within the City. The proceeds of this fee are to be set aside exclusively for the
acquisition, development, or improvement of public recreational facilities within the
City except as may be rebated pursuant to the provisions of Article 12 of Chapter 7.
(Amended Ord. 722, May 21. 1990)
§15-4-2. Amount of Fee.
(A)
Before any person is issued a building permit to construct or locate any dwelling unit
within the City of Jenks, a recreational development fee shall be paid to the City
Clerk.
(B)
The fee shall be determined, based on the following formula:
Single family lots or mobile home spaces
Duplex lots
Multi-family lots or PUDs
(Amended Ord. 568, Nov. 5, 1984)
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$250 per dwelling unit or mobile
home lot or space
$500 per lot
$250 per dwelling unit
§15-4-3. Exemption to Fees.
(A)
The fees imposed above shall not apply to the following types of construction:
(1)
Reconstruction of a dwelling unit which has been damaged or destroyed by
fire, flood or other causes over which the owner had no control; or
(2)
Expansion, remodeling and/or alteration of an existing dwelling unit where no
additional dwelling units are created.
§15-4-4. Mobile Homes.
(A)
In the case of mobile home parks, the $250.00 per unit charge will be assessed per lot
at the platting stage of development. The appropriate fee will be required before the
final plat is signed and recorded.
§15-4-5. Refund of Fee.
(A)
Any fee paid to the City under this Article for any dwelling unit which is not
constructed, or for any mobile home park plat which is vacated, shall be refunded if
written application is made within six (6) months of the payment of the fee for
construction of a dwelling or if made within 18 months of the platting of a mobile
home park. The refund shall be less a $10 per dwelling unit service charge, or a $10
per lot service charge in the case of mobile home parks. Upon application of the
applicant and a showing to the satisfaction of the Building Inspector that the dwelling
unit has not been constructed and that the building permit issued has been cancelled or
surrendered or otherwise does not authorize the construction of the dwelling unit, or
that the mobile home park has been vacated, a refund shall be issued.
§15-4-6. Park and Recreation Capital Fund.
(A)
Creation. There is hereby created and established a Park and Recreation Capital Fund.
All fees collected under this Article shall be placed in this account to be used
exclusively for the uses herein described, except as may be placed in Jenks New
Home Rebate Program account to be rebated pursuant to the provision of Article 12 of
Chapter 7 of the Jenks City Code.
(B)
Use of funds. All fees collected under this Article shall be used and expended for the
acquisition, purchase, developing, improving and equipping of public parks,
playgrounds and recreational facilities located in the corporate limits of the City of
Jenks, except as may be rebated under the provisions of Article 12 of Chapter 7.
(C)
Fees collected under this Article may also be used for the development of any of the
above described facilities constructed or installed within or upon public property
owned by the City of Jenks or property in which the City has a leasehold interest or
where the City is given a right to use the same for public playground or recreational
purposes. The principal and interest deposited, and kept in the Park and Recreation
Capital Fund shall be used solely for the purposes as above stated. Funds collected but
placed in the Jenks Hew Home Rebate Program Fund shall be used for the rebate
program but any funds remaining after the termination of the Jenks New Home Rebate
program shall be deposited to the Park and Recreation Capital Fund in the amounts
and as per the provisions of Article 12 of Chapter 7. (Amended Ord. 722, May 21,
1990.)
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Chapter 16
PLANNING AND ZONING
Article I. Planning Commission
§16-1-1. City Planning Commission: Created; Membership.
(A)
A City Planning Commission is hereby created for this city. It shall consist of seven
(7) appointive members, all of whom shall be electors of the city. The seven (7)
appointive members shall be nominated by the mayor and appointed by the council,
and serve for terms of three (3) years, the terms to end at 7:30 o'clock p.m. on the first
Monday in May. Vacancies shall be filled for the unexpired terms. The members shall
serve without compensation. The council may remove members of the City Planning
Commission for cause. (Amended Ord. #569, Nov. 5, 1984)
§16-1-2. Same: Organization; Meetings; Officers and Employees.
(A)
The City Planning Commission shall elect a chairman, a vice-chairman, and a
secretary, who shall serve until 7:30 o'clock p.m. on the first Monday of the next May
after their appointment. The secretary need not be a member of the commission. The
commission shall determine the time and place of its regular meetings; and the
chairman, the mayor, or any three (3) members may call special meetings of the
commission. The commission may employ engineers, attorneys, clerks, and other help
deemed necessary, subject to the approval of the council. Their salaries and
compensation shall be fixed by the council, and shall be paid out of the city treasury as
other salaries and compensation are paid. The necessary legal expenses shall be paid
out of the city treasury as other legal expenses of the city government are paid.
§16-1-3. Same: Powers and Duties.
(A)
The City Planning Commission shall have all the powers and duties prescribed for it
by 11 O.S.A. §45-101-104 and all other powers and duties now or hereafter prescribed
by any other provision of state law.
§16-1-4. City Planning Commission to Have Power of a Zoning Commission.
(A)
The City Planning Commission heretofore created by this code is hereby appointed the
zoning commission of the city; and the city planning commission shall have the
powers of a zoning commission as provided by state law. Whether exercising the
powers of a planning commission or the powers of a zoning commission, it shall be
legally one (1) board, known as the City Planning Commission.
(B)
Exercising the powers of a zoning commission, the City Planning Commission shall
recommend the boundaries of the various zones and appropriate zoning regulations to
be enforced therein.
Article 2. Zoning Ordinance
§16-2-1.
(A)
Zoning Ordinance Adopted.
There is hereby adopted by the council of the City of Jenks, Oklahoma, for the purposes of
promoting the health, safety, peace, morals, comfort, convenience, prosperity, order, and
general welfare; to reduce the danger and congestion of public transportation; to provide
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adequate light and air, public utilities, facilities and service, and other public requirements;
to promote productive and enjoyable harmony between man and his environment; to
achieve a balance between population and resource use which will permit high standards
of living and a wide sharing of amenities; to prevent overcrowding of land and undue
encroachment thereon; to promote efforts which will prevent or eliminate damage to the
environment and biosphere; to stimulate and assure for all citizens safe, healthful,
productive, aesthetically and culturally pleasing surroundings; to encourage the residential,
commercial, and industrial growth of the community as well as the most appropriate use
of land; and to encourage the development of the community in accordance with a
comprehensive plan hereinafter to be adopted by the council of the City of Jenks,
Oklahoma, a zoning code known as the Jenks Zoning Code of 2010, containing Chapter 1,
Title, Purposes, Interpretation, and Jurisdiction; Chapter 2, General Provisions; Chapter 3,
Agriculture District Provisions; Chapter 4, Residential District Provisions; Chapter 5,
Office District Provisions; Chapter 6, Commercial District Provisions; Chapter 7,
Industrial District Provisions; Chapter 8, Floodplain Overlay District; Chapter 9, Planned
Unit Development; Chapter 10, Use Units; Chapter 11, Off-Street Parking and Off-Street
loading; Chapter 12, Nonconformities; Chapter 13, Board of Adjustment; Chapter 14,
Enforcement; Chapter 15, Amendments; Chapter 16, Appearance Review Districts;
Chapter 17, Specific Use Permits; Chapter 18, Definitions; Appendix "A", Jenks Major
Street Plan and Comprehensive Plan; and the whole thereof, not less than three (3) copies
of which have been and are now on file in the office of the city clerk of the city, and the
same are hereby adopted and incorporated as fully as if set out at length herein and from
and after the effective date of this ordinance and all provisions thereof shall be controlling,
as set out therein, and as later amended, within the corporate limits of the city. Chapters 118 of the Zoning Code and Appendix "A" of said Zoning Code is hereby adopted as the
Zoning Code of the City of Jenks, Oklahoma. (Amended Ord. #1288, Dec. 10, 2010)
§16-2-2. Zoning Clearance Permit Required.
(A)
I t shall be unlawful for any person to erect, move, add to, or structurally alter any
building or structure, or to use or change the use of any building or land or to permit
the aforementioned actions, until a zoning clearance permit has been issued by the
planning official or other designee of the city manager.
(B)
(B) An application for a zoning clearance permit shall be accompanied by a legal
description of the lot and plans in duplicate, drawn to scale in black line or blueprint,
showing the actual shape and dimension of the lot; the location, size and height of any
buildings or structures to be erected or altered; the existing and intended use of each
building or structure and portion of the lot; the number of dwellings the building is
intended to accommodate, if any; and such other information with regard to the lot and
neighboring lots as may be necessary to determine and provide for the enforcement of
this code.
(C)
The planning official shall act upon each application for a zoning clearance permit
within three (3) working days after it is filed in compliance with the provisions herein.
The planning official shall return one copy of the plans and issue a zoning clearance
permit or notify the applicant, in writing, of said official's refusal to issue a permit
setting forth the reasons therefore.
(D)
No Zoning Clearance Permit shall be issued until appropriate fees have been paid.
Fees shall be as follows:
Single-Family Residence or Duplex
Multiple Building Complex
All other single building or structure
$ 20.00
$ 40.00
$ 20.00
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Change of Occupancy to include Required Inspections
$ 38.00
(Amended Ord. #1288, Dec. 10, 2010)
§16-2-3. Existing Buildings and Uses Not Affected.
(A)
Any building, structure or use lawfully existing at the time of enactment-of this
ordinance may be continued, even though such building, structure or use does not
conform with the provisions of this ordinance.
§16-2-4. Repeal of Conflicting Ordinances.
(A)
Where this zoning ordinance imposes a greater or more stringent restriction upon the
use of land than is imposed or required by any other ordinance or regulation, the
provision of this zoning ordinance shall govern.
§16-2-5. Validity.
(A)
Should any article, section, or provision of this zoning ordinance be decided by the
courts to be unconstitutional or invalid, such decision shall not affect the validity of
the ordinance as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
§16-2-6. Official Zoning Map Established.
(A)
The locations and boundaries of the various districts as defined herein shall be
established by ordinance and shall be shown and delineated on the official zoning map
of the City of Jenks, Oklahoma. The official zoning map shall be maintained by the
planning official, and may be divided into parts, and such parts may be separately
employed for identification purposes when adopting or amending the official zoning
map or for any reference to the official zoning map.
§ 16-2-7. Limitation of Land Use.
(A)
No land or building shall be used and no building, structure or improvement shall be
made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed,
arranged, or intended to be used or maintained for any purpose or in any manner
except in accordance with the use, height, area, yard, space, and other requirements
established in the district in which such land, building, structure, or improvement is
located except as provided by Chapter 12 of the Jenks Zoning Code. In order to avoid
undue hardship:
(1)
Nothing in this code shall be deemed to require a change in the plans,
construction, or designated use of any building, where a building permit was
lawfully issued prior to the effective date of this code, and pursuant to such
permit construction is diligently carried to completion. Upon completion such
building or use shall be deemed nonconforming and may continue as
regulated by Chapter 12 of the Jenks Zoning Code.
(2)
At any time within two (2) years after the effective date of the Jenks Zoning
Code, a building permit and zoning clearance permit may be issued or a use of
land commenced in accordance with the terms and conditions of a special
exception or variance by the board of adjustment prior to the effective date of
the Jenks Zoning Code.
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§16-2-8. Amendments to the Zoning Text and Zoning Map.
(A)
The regulations, restrictions, prohibitions, and limitations imposed and the districts
created by the zoning code may from time to time be amended, supplemented,
changed, modified, or repealed by ordinance, but no change shall be made until the
planning commission, after notice and public hearing, files with the city a report and
recommendation on the proposed change. In addition to the procedural provisions
hereinafter set out, the planning commission shall adopt procedural rules for the
conduct of zoning public hearings.
(B)
Amendments will be adopted to recognize changes in the comprehensive plan, to
correct errors, or to recognize changed or changing conditions in a particular area or in
the jurisdictional area generally. (Ord. 205, §1410)
(C)
The planning commission, upon its own motion, may, or at the direction of the city
council shall hold a public hearing, giving notice thereof, of a proposed text
amendment. After holding the public hearing, the planning commission shall within
thirty (30) days transmit its report and recommendation to the city council.
(D)
An amendment to the Zoning Map shall be initiated by the filing of an application
with the planning official. An application shall be in such form and content as the
Planning Commission may establish and shall be accompanied by a fee as hereinafter
provided:
(E)
(1)
Low Intensity Districts, AG, RE, RS-1, RS-2, RS-3, RD. - $35.00 for tracts of
five acres or less, and $3.00 for each additional acre, with a maximum zoning
application fee of $100.00.
(2)
Medium Intensity Districts, RM-1, RM-2, OL, OM, RMH, CS- $50 for tracts
of five acres or less, plus $5.00 for each additional acre, with a maximum
filing fee of $150.00.
(3)
High Intensity Districts, CG, CH, IL, TM, IH- $100.00 for tracts of five acres
or less, plus $10.00 for each additional acre, with a maximum filing fee of
$300.00.
(4)
Multiple Zoning Application: Request for zoning a single tract of property
under a zoning classification provided in a low intensity district and a zoning
classification provided in a medium intensity district for separate portions of
the tract may be combined in one application and a fee of $50.00 for tracts of
five acres or less, plus $5.00 for each additional acre, to a maximum fee of
$300.00, shall accompany each application.
(5)
Planned Unit Development: Planned Unit Development: Application for
planned unit development shall be accompanied by a fee of $250.00 for tracts of
five acres or less, plus $1.00 for each additional acre. (Amended Ord. #1288,
Dec. 10, 2010)
The Planning Commission shall give at least fifteen (15) days notice of a public
hearing on a proposed map amendment by publication in a newspaper of general
circulation. In addition, at least twenty (20) days notice of public hearing shall be
given by written notice by the Secretary of the Planning Commission to all owners of
property within a three hundred foot (300') radius of the exterior boundary of the
subject property. A copy of the published notice may be mailed in lieu of written
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notice. The City Planner will obtain the names and mailing addresses of all owners of
property within a three hundred foot (300') radius of the exterior boundary of the
subject property and mail the notices herein provided. (Amended Ord. 923, June 16,
1997)
(1)
(F)
In addition to the notice required in §16-2-8 (E), if the zoning change
requested permits the use of treatment facilities, multiply family
facilities, transitional living facilities, halfway houses and any housing
or facility that may be used for medical or nonmedical detoxification,
the Planning Commission shall mail a written notice within thirty (30)
days of the hearing to all real property owners within one-quarter (1/4)
of a mile where the area to be affected is located. The processing fee
shall be $200.00 or at actual cost whichever is greater. Such fee shall
not include publication and sign costs, which shall be billed to the
applicant.
Written and published notice shall contain:
(1)
Legal description of the property and street address or approximate location in
the municipality;
(2)
Present zoning and classification of the property and the classification sought
by the applicant; and
(3)
Date, Time and Place of the public hearing.
(G)
(Deleted 7/06/93, Ord. #805)
(H)
(Deleted 7/06/93, Ord. #805)
(I)
Notice of a proposed RM-2 rezoning shall confer jurisdiction on the Planning
Commission and the City Council to consider and act upon RM-2, RM-1, RD, RS-3,
RS-2, RS-1 and RE, or combination thereof in the disposition of the application, and
in like manner notice of any R District, including RMH, shall confer jurisdiction to
consider any less dense R District, except RMH.
(J)
Notice of a proposed CH rezoning shall confer jurisdiction on the Planning
Commission and the City Council to consider and act upon CH, CG, CS, OM, and OL
or combinations thereof in the disposition of the application, and in like manner,
notice of any C District shall confer jurisdiction to consider any less intense C District
or any 0 District, and notice of any 0 District shall confer jurisdiction to consider any
less intense 0 District.
(K)
Notice of a proposed IH rezoning shall confer jurisdiction on the Planning
Commission and the City Council to consider and act upon IH, IM, IL, or combination
thereof, in the disposition of the application, and in like manner, notice of any I
District shall confer jurisdiction to consider any less I district.
(L)
Specific notice of a proposed AG to RMH District shall be required to confer
jurisdiction on the Planning Commission and the City Council to consider such AG or
RMH District. (Amended Ord. #384, May 5, 1980)
(M)
After notice and public hearing, the Planning Commission shall vote to:
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(1)
Recommend to the City Council that the application be approved as
submitted, or as amended, or be approved subject to modification, or,
(2)
Recommend to the City Council that the application be denied.
(N)
An application recommended for approval or approval subject to modification shall be
transmitted, with the report and recommendations of the Planning Commission, to the
City Council within fifteen (15) days from the date of Planning Commission action.
(O)
An application recommended for denial shall not be considered further unless the
applicant within fifteen (15) days from the date of the Planning Commission action
files a written request with the City Clerk for a hearing by the City Council. The
request for hearing shall be accompanied by the payment of a twenty-five dollar
($25.00) fee. Upon notice of such request, the Planning Commission shall forthwith
transmit the application and its report and recommendations to the City Council.
(P)
In the event the Planning Commission arrives at a tie vote, the application shall be
transmitted, with a report and notation of the tie vote, to the City Council within
fifteen (15) days from the date of the Planning Commission action.
(Q)
Prior to the submission to the City Council, all data, materials, recommendations, and
other pertinent information transmitted to the City Council from the actions taken by
the Planning Commission at a public hearing shall be approved for accuracy by the
chairman, or in his absence, the secretary of the planning commission. The City
Council shall hold a hearing on each application regularly transmitted, and on each
application transmitted to a written request for further hearing, and shall approve the
application as submitted, supplemented, or as amended, or approve the application
subject to modification, or deny the application.
Provided, however, in case of proposed amendment, change, or repeal of the code or
any part thereof, if written public protests against such proposed amendment, change
or repeal shall have been filed a minimum of three (3) days prior to a public hearing,
signed by the owners of twenty per cent (20%) or more of the area of the lots included
in such proposed change, or by fifty per cent (50%) or more of the owners of the area
of the lots immediately abutting any side of the territory included in such proposed
change, or separated there from only by an alley or street less than three hundred feet
(300') wide, such amendment, change, or repeal shall not become effective except by
the favorable vote of three-fifths (3/5ths) of all the members of the City Council.
(Amended Ord. #282, September 19, 1977)
(R)
At the time of making application for a zoning request, in addition to the application
fee provided for in Section D, the applicant shall pay two-hundred dollars ($200.00) to
cover the costs of the City obtaining names and addresses for mailing notices, the
mailing of notices, publication fees for the notice of hearing on the zoning request and
publication fees for the Ordinance rezoning property, if the zoning request is
approved. In the event the zoning request is denied by the City or withdrawn by the
applicant, there will be no refund of any of the fee paid hereunder. (Amended Ord.
#923, June 16, 1997).
(S)
In addition to the notice provided by this section for hearings before the Planning
Commission, in a case of a proposed amendment, change or repeal of the Code, or any
part thereof, on a request for a hearing before the City Council by an applicant in a
zoning application that has previously been recommended for denial by the Planning
Commission, or that was previously recommended for approval by the Planning
Commission, and written protest against such amendment, change or repeal shall have
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been filed pursuant to the terms of this section of the City Code, the City Council shall
be required to give ten (10) days notice of said public hearing by publication in a
newspaper of general circulation in the City of Jenks. In addition, ten (10) days notice
of a Public Hearing before the City Council shall be given by posting the property
sought to be re-zoned, and by mailing notice to all owners of property within a 300
foot radius of the exterior boundary of the property as listed on current tax rolls. The
notice shall contain: (a) date, time and place of public hearing; (b) legal description of
the property and the street address or approximate location of the property; (c) present
zoning district classification of the property and proposed zoning re-classification.
(Enacted Ord. #293, December 5, 1977)
Article 3. Subdivision Regulations
§16-3-1. Subdivision Regulations Adopted; Administration.
(A)
The city council of the City of Jenks, Oklahoma, by passage of Ordinance No. 422 on
January 18, 1982, adopted subdivision regulations for the city and said regulations are
now in full force and effect for the jurisdictional area of the city and no less than three
(3) copies of said regulations are on file in the office of the city clerk. The subdivision
regulations, as part of the Jenks Zoning Text, are continued as adopted with any
amendments thereto as if published herein in full, and such regulations will govern all
subdivision development within the City of Jenks, Oklahoma.
(B)
The city manager of the City of Jenks, Oklahoma, or his duly authorized
representative, shall be responsible for the administration of the subdivision regulations adopted in (A) above. As authorized herein, the city manager may delegate to
the building inspector or building official, zoning officer, planning official, or other
appropriate official, as will best suit the needs of the City of Jenks, to administer the
day-to day enforcement of said subdivision regulations. (Amended, Ord. #422, Jan.
18, 1982)
§16-3-2. Subdivision Plat Required.
(A)
For the purposes of providing a proper arrangement of streets and assuring the
adequacy of open spaces for traffic, utilities, and access of emergency vehicles,
commensurate with the intensification of land use customarily incident to a change of
zoning, a platting requirement is established as provided in Ordinance No. 422 and
shall be governed by the requirements set forth therein.
(B)
A fee of $50.00 is hereby established for the filing of a preliminary plat submitted for
consideration by the Jenks Planning Commission and City Council. A filing fee of
$100.00, plus $1.00 per lot for additions in excess of ten (10) lots is hereby established
and shall accompany a final plat requested for approval by the Jenks Planning
Commission and City Council. A re-submittal of a final plat shall not be accepted for
review if not accompanied by a re-submittal fee of $100.00. (Enacted Ord. #336, Jan.
2, 1979)
Article 4. Major Street Plan
§16-4-1. Major Street Plan Adopted.
(A)
The Mayor and City Council of the City of Jenks did on the 2nd day of July, 1973,
adopt by Ordinance No. 232, a major street plan for the City of Jenks, Oklahoma. The
plan included those incorporated areas within the city limits of Jenks, Oklahoma, and
those unincorporated areas within the perimeter fence line. In addition, the Mayor and
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City Council classified street types together with the standards styled "traffic ways
cross-section minimum standards" and the mapping thereof.
(B)
The major street plan initiated in (A) above was given a public hearing on the 24th day
of May, 1973, by the Jenks Planning Commission and recommended the adoption of
said major street plan to the City Council for adoption as the Jenks Major Street Plan.
It was found by the Mayor and City Council to be in the best interests of the City of
Jenks to adopt said major street plan as part of the comprehensive plan for the City of
Jenks and said adoption is continued in full force and effect as if printed in full herein
and will form the basis for that part of the comprehensive plan for the City of Jenks,
Oklahoma, and as later amended through the Jenks Planning Commission and the City
Council.
(C)
Three (3) copies of the major street plan are on file in the office of the City Clerk of
the City of Jenks and are available to the general public upon request.
Article 5. Board of Adjustment
§16-5-1. Created, Authority.
(A)
There is hereby created a zoning board of adjustment consisting of five (5) members,
each to be appointed for a term of three (3) years and removable for cause by the
appointing authority, upon written charges and after public hearing. Vacancies shall be
filled for the unexpired term of any member whose term becomes vacant.
§16-5-2. Procedure.
(A)
The zoning board of adjustment shall elect one (1) of its members as chairman, who
shall serve for the duration of his term. The board shall appoint a secretary who may
be an officer of the municipality. The board shall adopt rules in accordance with the
provisions of this article. Meetings of the board shall be held at the call of the
chairman and at such other times as the board may determine. The chairman, or in his
absence the acting chairman, may administer oaths and compel the attendance of
witnesses by subpoena. The board shall keep the minutes of its proceedings, showing
the vote of each member upon each question, or if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the board and shall be a public
record. All meetings of the board shall be open to the public.
§16-5-3. Powers of Zoning Board of Adjustment.
(A)
The zoning board of adjustment shall have the following powers:
(1)
Administrative review. To hear and decide appeals where it is alleged there is
an error in any order, requirement, decision or determination made by the city
manager, planning officer or building inspector in the enforcement of this
article.
(2)
Variances. To authorize upon appeal in specific cases such variances from the
terms of this article as will not be contrary to the public interest where, owing
to special conditions, a literal enforcement of the provisions of this article
will, in any individual case, result in unnecessary hardship, so that the spirit of
this article shall be observed, public safety and welfare secured, and
substantial justice done. Such variances may be granted in such individual
case of unnecessary hardship upon a finding by the board of adjustment that:
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(a)
(b)
(c)
(d)
(3)
There are extraordinary and exceptional conditions pertaining to the
particular piece of property in question because of its size, shape, or
topography;
The application of this article to this particular piece of property
would create an unnecessary hardship;
Such conditions are peculiar to the particular piece of property
involved; and,
Relief, if granted, would not cause substantial detriment to the public
good, or impair the purposes and intent of the ordinance or the
comprehensive plan. Provided that the board in granting a variance
shall prescribe appropriate conditions and safeguards, and shall
require such evidence and guarantee or bond as it may deem
necessary to enforce compliance with the conditions attached.
Special exceptions. To grant upon appeal in specific cases a special exception
after finding that the special exception will be in harmony with the spirit and
intent of the code, and will not be injurious to the neighborhood or otherwise
detrimental of the public welfare. Provided that the board in granting a special
exception shall prescribe appropriate conditions and safeguards, and may
require such evidence and guarantee or bonds as it may deem necessary to
enforce compliance with the conditions attached.
(B)
In exercising the above powers, the Board of Adjustment shall have the concurring
vote of at least three (3) of its members in order that it may reverse wholly, or partly,
or may modify the order, requirement, decision, or determination, and to that end shall
have all the powers of the administrative office.
(C)
An application for an appeal from the building inspector, variance or special exception
shall be accompanied by the payment of a $35.00 fee. (Ord. #333, Jan. 2, 1979).
§16-5-4. Public Hearing Required; Exceptions.
(A)
The Board of Adjustment shall give notice and conduct a public hearing before acting
on any appeal from a determination of the building inspector which was made before
the issuance of a building permit, or before granting any special exception or variance.
Notice of a public hearing before the Board of Adjustment shall be given by
publication in a newspaper of general circulation in Jenks and by mailing written
notice by the City Planner or his designee to all owners of property within a three
hundred foot (300') radius of the exterior boundary of the subject property. A copy of
the published notice may be mailed in lieu of written notice. Publication and written
notices shall be published and mailed at least ten (10) days prior to the hearing. The
City Planner or his designee shall furnish the names and mailing addresses of all
owners of property within a three hundred foot (300') radius of the exterior boundary
of the subject property and provide the required mailings. Upon filing of an appeal
from a determination of the building inspector in regard to a matter raised before the
issuance of a building permit, or a request for a variance or special exception, the
applicant shall pay the City Clerk a fee of $125.00 to cover the costs incurred in
researching the names and addresses for mailings, mailing costs, and publication fees
when necessary.
A fee of only $50.00 shall be paid to the City Clerk upon an application for a minor
variance or minor special exception. (Amended 7/6/93, Ord. #805) (Amended Ord.
#925, July 21, 1997)
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(B)
(C)
The notice, whether by publication or mail, of a public hearing before the Board of
Adjustment shall contain:
(1)
Legal description of the property and the street address or approximate
location in the municipality;
(2)
Present zoning classification of the property and the nature of the appeal,
variance or exception requested; and
(3)
Date, time and place of the hearing.
On hearings involving minor variances or exceptions, notice shall be given by the
clerk of the Board of Adjustment by mailing notice to all owners of property adjacent
to the subject property. The notice shall be mailed at least ten (10) days prior to the
hearing and shall contain the facts listed in subsection (B) of this section. The Board
of Adjustment shall set forth in a statement of policy what constitutes minor variances
or exceptions, subject to approval or amendment by the Jenks City Council. The
applicant shall furnish the names and mailing addresses of all owners of adjacent
property as well as postage for the written notice. (Ord. #378, May 5, 1980)
§16-5-5. Minor Variances and Minor Special Exceptions.
(A)
The Board of Adjustment, upon application, which application shall require no notice
of public hearing, subject to procedural and substantial standards in this article, may
grant minor special exceptions and minor variances, as set forth in a statement of
policy adopted by the Board of Adjustment and approved by the City Council.
(B)
A request for a minor special exception or minor variance shall be initiated by the
filing of application with the city clerk and shall be set for hearing by the secretary in
accordance with the rules established by the board and said application shall require
no notice of public hearing.
(C)
The Board of Adjustment shall hold the public hearing and upon the concurring vote
of three (3) members may grant the minor special exception or minor variance after
finding that the minor special exception or minor variance will be in harmony with the
spirit and intent of the code, and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare. Provided, that the board, in granting a minor special
exception or minor variance, shall prescribe appropriate conditions and safeguards and
may require such evidence and guaranty or bonds that may be necessary to enforce
compliance with the conditions attached.
(D)
Provided nothing herein shall preclude the Board of Adjustment from requiring the
giving of a public notice of hearing on a minor variance or minor special exception
should the board deem such notice necessary.
§16-5-6. Time Limitation Variances, Special Exceptions, Minor Variances
Special Exceptions.
(A)
and Minor
A variance, special exception, minor variance or minor special exception, which has
not been utilized within two (2) years from the date of the order granting the same,
shall thereafter be void. For the purpose of this provision, utilization shall mean the
actual use of the issuance of a building permit, when applicable, providing
construction is diligently carried to completion. (Amended Ord. #382, May 5, 1980)
§16-5-7. Appeal to District Court.
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(A)
An appeal from any action, decision, ruling, judgment, or order of the Board of
Adjustment may be taken by any person or persons, jointly or severally, or any
taxpayer, or any officer, department, board or bureau of the city to the district court by
filing notice of appeal with the city clerk and with the Board of Adjustment within
sixty (60) days from the filing of the decision of the board, which notice shall specify
the grounds of such appeal. Upon filing of the notice of appeal as herein provided, the
said board shall transmit forthwith to the court clerk of the county the original or
certified copy of all the papers constituting the record in the case, together with the
order, decision or ruling of the board.
(B)
An appeal to the district court from the Board of Adjustment stays all proceedings in
furtherance of the action appealed from, unless the chairman of the Board of
Adjustment, from which the appeal is taken, certified to the court clerk, after the
notice of appeal shall have been filed, that by reason of the facts stated in the
certificate a stay in his opinion would cause imminent peril to life or property. In such
case, proceedings shall not be stayed otherwise than by a restraining order which may
be granted by the district court upon application or notice to the administrative officer
in charge of the enforcement of the terms and provisions of the article, and upon
notice to the chairman of the Board of Adjustment from which the appeal is taken,
and, upon due cause being shown, the court may reverse or affirm, wholly or partly, or
modify the decision brought up for review.
Article 6. Administration
16-6-1. Zoning Officer.
(A)
The provisions of this article shall be administered and enforced by the city manager
or his authorized representative, who shall have the right to enter upon any premises
for the purpose of making inspection of buildings or premises necessary to carry out
his duties hereunder.
(B)
The Planning Commission shall supervise the official zoning map, and the city
manager shall keep the same up-to-date with all changes and amendments.
Article 7. Lot Splits
§16-7-1. Lot Splits.
(A)
Any person desiring to divide a tract by splitting a lot shall comply with all the
guidelines for the same as set forth in the Jenks Sub-Division Regulations.
(B)
An Application for a lot split shall be accompanied by a fee of One Hundred Dollars
($100.00), to the City of Jenks, at the time of filing such application. (Ord. #596, Sept.
16, 1985)
Article 8 Flood Damage Prevention – Authorization, Findings of Fact,
Purpose and Methods
§ 16-8-1. Statutory Authorization
The Legislature of the State of Oklahoma has in (statutes) 82 O.S. §§1601-1620
delegated the responsibility of local governmental units to adopt regulations designed
to minimize flood losses. Therefore, the City of Jenks, Oklahoma City Council does
ordain as follows:
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§ 16-8-2. Findings of Fact
(A)
The flood hazard areas of the City of Jenks are subject to periodic inundation
that results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, and extraordinary public expenditures
for flood protection and relief, all of which adversely affect the public health,
safety and general welfare.
(B)
These flood loses are created by the cumulative effect of obstructions in
floodplains which cause an increase in flood heights and velocities, and by the
occupancy of flood hazards areas by uses vulnerable to floods and hazardous to
other lands because they are inadequately elevated, floodproofed or otherwise
protected from flood damage.
(C)
Articles 8, 9, 10, 11, 12 and 13 shall be referred to as the Jenks Flood Damage
Prevention Ordinance.
§ 16-8-3 Statement of Purpose
(A)
It is the purpose of this ordinance to promote the public health, safety and
general welfare and to minimize public and private losses due to flood
conditions in specific areas by provisions designed to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood control projects;
(3)
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
floodplains;
(3)
Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize
future flood blight areas, and;
(7)
Insure that potential buyers are notified that property is in a flood area.
§ 16-8-4. Methods of Reducing Flood Loss
(A)
In order to accomplish its purposes, this ordinance uses the following methods:
(1)
Restrict or prohibit uses that are dangerous to health, safety or property
in times of flood, or cause excessive increases in flood heights or
velocities;
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(2)
Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
(3)
Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation of
flood waters;
(4)
Control filling, grading, dredging and other development which may
increase flood damage;
(5)
Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards to
other lands.
Article 9 Flood Damage Prevention - Definitions
§ 16-9-1. Definitions
(A)
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted to give them the meaning they have in common usage and
to give this ordinance its most reasonable application.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an
alluvial fan or similar landform which originates at the apex and is characterized by
high-velocity flows; active processes of erosion, sediment transport, and deposition;
and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform below which the flow
path of the major stream that formed the fan becomes unpredictable and alluvial fan
flooding can occur.
AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater
annual chance of flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given year.
The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM).
After detailed ratemaking has been completed in preparation for publication of the
FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE
or V.
BASE FLOOD - means the flood having a one percent chance of being equaled or
exceeded in any given year.
BASE FLOOD ELEVATION – means the elevation above mean sea level of the base
flood.
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BASEMENT - means any area of the building having its floor sub-grade (below
ground level) on all sides.
BOARD – means the Oklahoma Water Resources Board.
CRITICAL FEATURE - means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire system
would be compromised.
DEVELOPMENT - means any man-made change in improved and unimproved real
estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations or storage of equipment or
materials.
ELEVATED BUILDING - means a non-basement building (i) built, in the case of a
building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the
elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the
bottom of the lowest horizontal structure member of the elevated floor elevated above
the ground level by means of pilings, columns (posts and piers), or shear walls parallel
to the floor of the water and (ii) adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of the base flood. In the
case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also
includes a building elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of flood waters. In the case
of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise
meeting the definition of "elevated building," even though the lower area is enclosed
by means of breakaway walls if the breakaway walls met the standards of Section
60.3(e)(5) of the National Flood Insurance Program regulations.
EXISTING CONSTRUCTION - means for the purposes of determining rates,
structures for which the "start of construction" commenced before the effective date of
the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing
construction" may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION- means the preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
FLOOD OR FLOODING - means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
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1.
The overflow of inland or tidal waters.
2.
The unusual and rapid accumulation or runoff of surface waters from any
source.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community,
on which the Federal Emergency Management Agency has delineated both the areas
of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, water surface
elevation of the base flood, as well as the Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to
being inundated by water from any source (see definition of flooding).
FLOODPLAIN ADMINISTATOR – means a person accredited by the Board and
designated by a floodplain board or community, to administer and implement laws and
regulations relating to the management of the floodplains.
FLOODPLAIN MANAGEMENT - means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but not
limited to emergency preparedness plans, flood control works and floodplain
management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances
(such as a floodplain ordinance, grading ordinance and erosion control ordinance) and
other applications of police power. The term describes such state or local regulations,
in any combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
FLOOD PROTECTION SYSTEM - means those physical structural works for which
funds have been authorized, appropriated, and expended and which have been
constructed specifically to modify flooding in order to reduce the extent of the areas
within a community subject to a "special flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes hurricane tidal barriers, dams,
reservoirs, levees or dikes. These specialized flood modifying works are those
constructed in conformance with sound engineering standards.
FLOOD PROOFING - means any combination of structural and non-structural
additions, changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary facilities, structures
and their contents.
FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river or
other watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation
more than a designated height.
FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its
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intended purpose unless it is located or carried out in close proximity to water. The
term includes only docking facilities, port facilities that are necessary for the loading
and unloading of cargo or
passengers, and ship building and ship repair facilities, but does not include long-term
storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior;
or
(4) Individually listed on a local inventory or historic places in communities with
historic preservation programs that have been certified either:
a) By an approved state program as determined by the Secretary of the
Interior or;
b) Directly by the Secretary of the Interior in states without approved
programs.
LEVEE - means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or
divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system, which consists of a levee, or
levees, and associated structures, such as closure, and drainage devices, which are
constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking or
vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor; provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirement of
Section 60.3 of the National Flood insurance Program regulations.
MANUFACTURED HOME - means a structure transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
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permanent foundation when connected to the required utilities.
"manufactured home" does not include a "recreational vehicle".
The term
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or
contiguous parcels) of land divided into two or more manufactured home lots for rent
or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base
flood elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later, and includes
any subsequent improvements to such structures. For floodplain management
purposes, "new construction" means structures for which the "start of construction"
commenced on or after the effective date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to such
structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective date of
floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE - means a vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections;
(3) Designed to be self-propelled or permanently towable by a light duty truck;
and
(4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes
substantial improvement and means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit date. The actual
start means either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for basement, footings, piers
or foundations or the erection of temporary forms; nor does it include the installation
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on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external
dimensions of the building.
STRUCTURE - means a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage
occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before "start of construction" of the
improvement. This includes structures, which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not, however, include
either:
(1) Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary conditions or
(2) Any alteration of a "historic structure" provided that the alteration would not
preclude the structure's continued designation as a "historic structure."
VARIANCE - is a grant of relief to a person from the requirement of this ordinance
when specific enforcement would result in unnecessary hardship. A variance,
therefore, permits construction or development in a manner otherwise prohibited by
this ordinance. (For full requirements see Section 60.6 of the National Flood
Insurance Program regulations.)
VIOLATION - means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure or
other development without the elevation certificate, other certifications, or other
evidence of compliance required in Articles 8, 9, 10, 11 and 12 of Chapter 16 of the
Jenks City Code is presumed to be in violation until such time as that documentation is
provided.
WATER SURFACE ELEVATION - means the height, in relation to the National
Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of
floods of various magnitudes and frequencies in the floodplains of coastal or riverine
areas.
Article 10 Flood Damage Prevention – General Provisions
§ 16-10-1. Lands to Which This Ordinance Applies
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(A)
The ordinance shall apply to all areas of special flood hazard within the
jurisdiction of the City of Jenks, Oklahoma.
§ 16-10-2. Basis for Establishing the Areas of Special Flood Hazard
(A)
The areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled, “The Flood
Insurance Study for Tulsa County, Oklahoma and Incorporated Areas” dated
August 3, 2009, with accompanying Flood Insurance Rate Map (FIRM) are
hereby referenced to be effective on August 3, 2009 and before along with any
future revisions thereof that are individually adopted by the Jenks City Council
are hereby adopted by reference and declared to be a part of this ordinance.
(B)
That all provisions of the flood management regulations of Section 60.3(d) of
the National Flood Insurance Program (44CFR 59 et seq.) as amended are
hereby incorporated by reference and will determine standards for development
unless existing Jenks ordinances or state requirements impose a higher
standard, in which event the higher or restrictive standard shall apply.
§ 16-10-3. Establishment of Development Permit
(A)
A Development Permit shall be required to ensure conformance with the
provisions of this ordinance.
§ 16-10-4. Compliance
(A)
No structure or land shall hereafter be located, altered, or have its use changed
without full compliance with the terms of this ordinance and other applicable
regulations.
§ 16-10-5. Abrogation and Greater Restrictions
(A)
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance and
another ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
§ 16-10-6. Interpretation
(A)
In the interpretation and application of this ordinance, all provisions shall be:
(1)
Considered as minimum requirements;
(2)
Liberally construed in favor of the governing body; and
(3)
Deemed neither to limit nor repeal any other powers granted under
State statutes.
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§ 16-10-7. Warning and Disclaimer of Liability
(A)
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. On rare occasions greater floods can and will occur and flood
heights may be increased by man-made or natural causes. This ordinance does
not imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This ordinance
shall not create liability on the part of the community or any official or
employee thereof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
Article 11 Flood Damage Prevention - Administration
§ 16-11-1. Designation of the Floodplain Administrator
(A)
The City Engineer is hereby appointed the Floodplain Administrator to
administer and implement the provisions of this ordinance and other
appropriate sections of 44 CFR (National Flood Insurance Program
Regulations) pertaining to floodplain management.
§ 16-11-2. Duties and Responsibilities of the Floodplain Administrator
(A)
Duties and responsibilities of the Floodplain Administrator shall include, but
not be limited to, the following:
(1)
Become accredited by the Board in accordance with Title 82 O.S. 16011618, as amended
(2)
Maintain and hold open for public inspection all records pertaining to
the provisions of this ordinance.
(3)
Review permit application to determine whether proposed building site,
including the placement of manufactured homes, will be reasonably
safe from flooding.
(4)
Review, approve or deny all applications for development permits
required by adoption of this ordinance.
(5)
Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, State or local
governmental agencies (including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from
which prior approval are required.
(6)
Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazards (for example, where
there appears to be a conflict between a mapped boundary and actual
field conditions) the Floodplain Administrator shall make the necessary
interpretation.
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(7)
Notify, in riverine situations, adjacent communities and the State
Coordinating Agency that is the Oklahoma Water Resources Board,
prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Emergency Management
Agency.
(8)
Assure that the flood carrying capacity within the altered or relocated
portion of any watercourse is maintained.
(9)
When base flood elevation data has not been provided in accordance
with Article 10, § Section 16-10-2, the Floodplain Administrator shall
obtain, review and reasonably utilize any base flood elevation data and
floodway data available from a Federal, State or other source, in order
to administer the provisions of Article 12.
(10)
When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial
improvements, or other development (including fill) shall be permitted
within Zones A1-30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more than
one foot at any point within the community.
(11)
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Program regulations, a community may
approve certain development in Zones A1-30, AE, AH, on the
community's FIRM which increases the water surface elevation of the
base flood by more than one foot, provided that the community first
applies for a conditional FIRM revision through FEMA (Conditional
Letter of Map Revision).
§ 16-11-3. Permit Procedures
(A)
Application for a Development Permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include, but not be
limited to, plans in duplicate drawn to scale showing the location, dimensions,
and elevation of proposed landscape alterations, existing and proposed
structures, including the placement of manufactured homes, and the location of
the foregoing in relation to areas of special flood hazard. Additionally, the
following information is required:
(1)
Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
(2)
Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(3)
A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the flood proofing
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criteria of Article 12, Section 16-12-2 (2);
(B)
(4)
Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development.
(5)
Maintain a record of all such information in accordance with Article 11,
Section 16-11-2(1).
Approval or denial of a Development Permit by the Floodplain Administrator
shall be based on all of the provisions of this ordinance and the following
relevant factors:
(1)
The danger to life and property due to flooding or erosion damage;
(2)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(3)
The danger that materials may be swept onto other lands to the injury of
others;
(4)
The compatibility of the proposed use with existing and anticipated
development;
(5)
The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(6)
The costs of providing governmental services during and after flood
conditions
including maintenance and repair of streets and bridges, and
public utilities and
facilities such as sewer, gas, electrical and water
systems;
(7)
The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site;
(8)
The necessity to the facility of a waterfront location, where applicable;
(9)
The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(10)
area.
The relationship of the proposed use to the comprehensive plan for that
§ 16-11-4. Variance Procedures
(A)
The Jenks City Council shall act as the Appeal Board and shall hear and render
judgment on requests for variances from the requirements of this ordinance.
(B)
The Appeal Board shall hear and render judgment on an appeal only when it is
alleged there is an error in any requirement, decision, or determination made
by the Floodplain Administrator in the enforcement or administration of this
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ordinance. Such Appeal shall be in writing in care of the City Clerk and filed
within thirty (30) days of the decision or determination appealed from.
(C)
Any person or persons aggrieved by the decision of the Appeal Board may
appeal such decision in the courts of competent jurisdiction.
(D)
The Floodplain Administrator shall maintain a record of all actions involving
an appeal and shall report variances to the Federal Emergency Management
Agency upon request.
(E)
Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State
Inventory of Historic Places, without regard to the procedures set forth in the
remainder of this ordinance.
(F)
Variances may be issued for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the base flood level,
providing the relevant factors in § Section 16-11-3 (2) of this Article have been
fully considered. As the lot size increases beyond the one-half acre, the
technical justification required for issuing the variance increases.
(G)
Upon consideration of the factors noted above and the intent of this ordinance,
the Appeal Board may attach such conditions to the granting of variances as it
deems necessary to further the purpose and objectives of this ordinance
(Article 8, Section 16-8-3).
(H)
Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result. If a variance is
granted for construction within a floodway it shall only be upon approval of the
City Council and in compliance with all requirements of the City Engineer.
(I)
Variances may be issued for the repair or rehabilitation of historic structures
upon a determination that the proposed repair or rehabilitation will not
preclude the structure's continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic character and
design of the structure.
(J)
Prerequisites for granting variances:
(1)
Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
(2)
Variances shall only be issued upon:
(a)
Showing a good and sufficient cause; and
(b)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant, and
(c)
A determination that the granting of a variance will not result in
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increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with existing local
laws or ordinances.
(3)
(K)
Any applicant receiving a variance shall be notified in writing that the
structure permitted with the lowest floor elevation constructed below
the base flood elevation, the cost of flood insurance will be
commensurate with the increased risk resulting from the lowest floor
elevation constructed below the BFE.
Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a
functionally dependent use provided that:
(1)
The criteria outlined in Article 11, Section 16-11-4 (1)-(9) are met, and
(2)
The structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional
threats to public safety.
Article 12 Flood Damage Prevention – Provisions For Flood Hazard Reduction
§ 16-12-1. General Standards
(A)
In all areas of special flood hazards the following provisions are required for
all new construction and substantial improvements:
(1)
All new construction or substantial improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse or
lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
(2)
All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage;
(3)
All new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
(4)
All new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(5)
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(6)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and
discharge from the systems into flood waters; and,
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(7)
On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
§ 16-12-2. Specific Standards
(A)
In all areas of special flood hazards where base flood elevation data has been
provided as set forth in (i) Article 10, § Section 16-10-2, (ii) Article 11, §
Section 16-11-2 (8), or (iii) Article 12, § Section 16-12-3 (3), the following
provisions are required:
(1)
Residential Construction - new construction and substantial
improvement of any residential structure shall have the lowest floor
(including basement), elevated one foot above the base flood elevation.
A registered professional engineer, architect, or land surveyor shall
submit a certification to the Floodplain Administrator that the standard
of this subsection as proposed in Article 11, Section 16-11-3 (1) a., is
satisfied.
(2)
Nonresidential Construction - new construction and substantial
improvements of any commercial, industrial or other nonresidential
structure shall either have the lowest floor (including basement)
elevated to the base flood level or together with attendant utility and
sanitary facilities, be designed so that below the base flood level the
structure is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A registered professional engineer or architect shall develop
and/or review structural design, specifications, and plans for the
construction, and shall certify that the design and methods of
construction are in accordance with accepted standards of practice as
outlined in this subsection. The Floodplain Administrator shall
maintain records of all certifications including the specific elevation (in
relation to mean sea level) to which any structure is floodproofed. Also,
the minimum development criteria for projects outside the levee and
within the boundaries of the Arkansas River Floodplain, but not within
the river channel or floodway, is all structures shall be built at a height
one foot above the 1986 flood event (approximately 350 year
floodplain or a 306,000 cfs release from Keystone Dam) along with the
requirement for zero rise to the 100 year floodplain allowing the same
conveyance for floodwaters.
(3)
Enclosures - new construction and substantial improvements, with fully
enclosed areas below the lowest floor that are usable solely for parking
of vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
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a) A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding shall be provided.
b) The bottom of all openings shall be no higher than one foot above
grade.
c) Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(4)
Manufactured Homes a) Require that all manufactured homes to be placed within Zone A on
a community's FHBM or FIRM shall be installed using methods
and practices, which minimize flood damage. For the purposes of
this requirement, manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement. Methods
of anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind
forces.
b) Require that manufactured homes that are placed or substantially
improved within Zones A1-30, AH, and AE on the community's
FIRM on sites (i) outside of a manufactured home park or
subdivision, (ii) in a new manufactured home park or subdivision,
(iii) in an expansion to an existing manufactured home park or
subdivision, or (iv) in an existing manufactured home park or
subdivision on which a manufactured home has incurred
"substantial damage" as a result of a flood, be elevated on a
permanent
c) foundation such that the lowest floor of the manufactured home is
elevated to or above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
d)
Require that manufactured homes be placed or substantially
improved on sites in an existing manufactured home park or
subdivision with Zones A1-30, AH and AE on the community's
FIRM that are not subject to the provisions of paragraph (4) of this
section be elevated so that either:
e) The lowest floor of the manufactured home is at the base flood
elevation, or
f) Placed on reinforced piers or other foundation elements of at least
equivalent strength that are no less than 36 inches in height above
grade and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement
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support the manufactured home chassis.
(5)
Recreational Vehicles - Require that recreational vehicles placed on
sites within Zones A1-30, AH, and AE on the community's FIRM
either:
a) Be on the site for fewer than 180 consecutive days,
b) Be fully licensed and ready for highway use, or
c) Meet the permit requirements of Article 11, Section 16-11-3 (1),
and the elevation and anchoring requirements for "manufactured
homes" in paragraph (4) of this section. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.
§ 16-12-3. Standards for Subdivision Proposals
(A)
All subdivision proposals including the placement of manufactured home parks
and subdivisions shall be consistent with Article 8, Sections 16-8-2 through 4
of this ordinance.
(B)
All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Development Permit
requirements of Article 10, Section 16-10-3; Article 11, Section 16-11-3; and
the provisions of Article 12 of this ordinance.
(C)
Base flood elevation data shall be generated for subdivision proposals and
other proposed development including the placement of manufactured home
parks and subdivisions which is greater than 50 lots or 5 acres, whichever is
lesser, if not otherwise provided pursuant to Article 10, Section 16-10-2 or
Article 11, Section 16-11-2 (8) of this ordinance.
(D)
All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have adequate drainage provided to reduce exposure to
flood hazards.
(E)
All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize or eliminate
flood damage.
§ 16-12-4. Standards for Areas of Shallow Flooding
(A)
Located within the areas of special flood hazard established in Article 10,
Section 16-10-2, are areas designated as shallow flooding. These areas have
special flood hazards associated with base flood depths of 1 to 3 feet where a
clearly defined channel does not exist and where the path of flooding is
unpredictable and where velocity flows may be evident. Such flooding is
characterized by ponding or sheet flow; therefore, the following provisions
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apply:
(1)
(2)
All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified in
feet on the community's FIRM (at least two feet if no depth number is
specified).
All new construction and substantial improvements of non-residential
structures;
a) Have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified
in feet on the community's FIRM (at least two feet if no depth
number is specified), or;
b) Together with attendant utility and sanitary facilities be designed so
that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads of effects of buoyancy.
(3)
A registered professional engineer or architect shall submit a
certification to the Floodplain Administrator that the standards of this
Section, as proposed in Article 11, Section 16-11-3 (1) a., are satisfied.
(4)
Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide floodwaters around and away from
proposed structures.
§ 16-12-5. Floodways
(A)
Floodways - located within areas of special flood hazard established in Article
10, Section 16-10-2, are areas designated as floodways. Since the floodway is
an extremely hazardous area due to the velocity of floodwaters that carry
debris, potential projectiles and erosion potential, the following provisions
shall apply:
(1)
Encroachments are prohibited, including fill, new construction,
substantial improvements and other development within the adopted
regulatory floodway unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result in
any increase in flood levels within the community during the occurrence
of the base flood discharge.
(2)
If Article 12, Section § 16-12-5 (1) above is satisfied, all new
construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of Article 12.
(3)
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
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National Flood Insurance Regulations, a community may permit
encroachments within the adopted regulatory floodway that would result
in an increase in base flood elevations, provided that the community
first applies for a conditional FIRM and floodway revision through
FEMA.
Article 13 Flood Damage Prevention – Enforcement and Penalties For Noncompliance
§ 16-13-1 Fine Imposed
(A)
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this ordinance
and other applicable regulations. Any person, firm, corporation or other legal
entity violating the requirements of this ordinance, or any conditions made
pursuant thereto, shall be guilty of an offense and, upon conviction thereof,
shall be fined not more than $100 and each day’s violation thereof shall
constitute a separate offense, plus applicable court costs.
§ 16-13-2 Fine Not Exclusive Remedy
(A)
In addition to fine, the City may institute appropriate actions or proceedings at
law or equity for the enforcement of the provisions of this ordinance or to
correct the violations thereof. The conviction and punishment of any person
hereunder shall not relieve such person from the responsibility to correct
prohibited conditions or to remove prohibited buildings, structures,
obstructions, or improvements, nor prevent the enforcement, corrections or
removal thereof.
§ 16-13-3 Certification
(A)
It is hereby found and declared by the City of Jenks City Council that severe
flooding has occurred in the past within its jurisdiction and will certainly occur
within the future; that flooding is likely to result in infliction of serious
personal injury or death, and is likely to result in substantial injury or
destruction of property within its jurisdiction; in order to effectively comply
with minimum standards for coverage under the National Flood Insurance
Program; and in order to effectively remedy the situation described herein, it is
necessary that this ordinance become effective immediately. (Amended June
15, 2009, Ord. #1250)
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CHAPTER 17
PRIVATE PROPERTY
Article 1. Unclaimed Property
§17-1-1. Complete Record Required.
(A)
All personal property which comes into the possession of any police officer, which has
been found or stolen or taken off the person or out of the possession of any prisoner or
person suspected of, or charged with, being a criminal, and which is not known to
belong to some person laying claim thereto shall be, by the officer securing possession
thereof, delivered into the charge of the chief of police. The chief shall, in a permanent
record book kept for that purpose, make a record sufficient to identify the property,
with the date and circumstances of tile receipt thereof, the name of the person from
whom it was taken and the place where it was found, and the record shall also disclose
the subsequent disposal thereof, giving the date of sale, name and address of the
purchaser, and the amount for which it was sold. (Code 1972, §14-1.)
§17-1-2. Disposition of Unclaimed Property.
(A)
Any unclaimed personal property, other than animals, which remains in the possession
of the chief of police, unclaimed, or the ownership of which is not to him satisfactorily
established, for a period of thirty (30) days, shall be sold, and the proceeds of the sale
shall be paid over to the city clerk, who shall issue his receipt therefore, and deposit
the same to the credit of the general fund of the city, except such personal property as
in the opinion of the city manager can be more advantageously used by some
department or office of the city government. Ten (10) days before a sale of such
unclaimed property, the chief of police shall sign and have posted in at least three (3)
public places in the city, notices of the time, place, and manner of such sale, and a
general description of the property to be sold. Provided that, if in the opinion of the
city manager, all or any portion of the personal property may be more advantageously
used by any city department or office, he shall so instruct the chief of police in
writing, and the chief shall thereupon deliver the personal property designated to that
department or office of city government and make a permanent record of its
disposition. (Code 1972, §14-2.)
§17-1-3. Property Found by a Private Person.
(A)
Any personal property found by a person other than a public official or employee,
which is delivered to any police officer for identification, if not claimed or identified
within thirty (30) days, shall, within ten (10) additional days thereafter, if requested by
the finder, be returned to him, and a record of such disposal made thereof. If the finder
does not request return of the property to him within such additional ten (10) days,
then the chief of police shall sell the property as if it had been found by a public
official or employee, or on instruction by the city manager deliver it to some
department or office of the city government for its use. (Code 1972, §14-3.)
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§17-1-4. Recovery by Owner.
(A)
If any property is sold as herein provided, and the owner thereof takes and recovers
possession of same from the purchaser, the amount paid therefore shall be returned to
the purchaser, upon verified claim being submitted and approved by the city council.
(Code 1972, §14-4.)
Note: For state law relating to finders of lost goods, see 15 O.S. 1971, §511 et seq.
As regards disposal of stolen or embezzled property coming into hands of policemen,
see 22 O.S. 1971, §1321 et seq.
As regards disposal of liquor and gambling equipment seized by policemen, see 22
O.S. 1971, §1261 et seq.
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Chapter 18
PUBLIC UTILITIES
Note: See rules and regulations of Jenks Public Works Authority, (a public trust) for additional
regulations pertaining to public utilities.
Article 1. Water Service
§18-1-1. City Clerk and Public Works Department; Their Respective Duties.
(A)
The city clerk, or a designated representative, shall have charge of all ordinary
financial operations of the water system as a business enterprise, including billing for
water rents; collection of fees for taps, materials, line extension, water deposits, water
rents, penalties, and any other money payable to the city in the ordinary financial
operations of the water system; together with the keeping of proper accounts. The city
clerk, or the designated representative, shall not have any functions regarding the
control, operation, repair, maintenance, and improvement of the physical plant of the
water system. The city manager shall regulate the relationship between the city clerk,
or the designated representative, and the public works department where the same is
not regulated otherwise.
§18-1-2. Application for Service Connections.
(A)
Any person, firm or corporation desiring to connect a premises with the water supply
system of the City of Jenks shall make application therefore at the Jenks Water
Department Office. The application shall contain the location of the premises where
such water is to be used and such other reasonable information as the water
department may require. Tap charge in effect at time of application must be paid at
time application is made, and no work will be started by the city until same is done.
(Code 1972, §15-2.)
§18-1-3. Contract for Water Service.
(A)
The application for water service shall be considered a contract with the city and the
person making the application agrees:
(1)
To pay for the water consumed at the rate prescribed by ordinance at the time
the water is consumed.
(2)
To recognize the right of the city to change the rate by ordinance at any time.
(3)
To recognize the right of the city to temporarily discontinue water service at
any time without notice to the consumer, to install, repair or remove a water
meter, or for any other proper cause.
(4)
That the contract is subject to all the ordinances in effect at the time of making
the contract and which may be passed and become effective thereafter.
(5)
That the city shall not be responsible for damage by water or other cause
resulting from defective plumbing or appliances, and the fact that an agent of
the city has inspected any such plumbing or appliances shall not be pleaded as
a basis for recovery in case of damages to the premises from defective
326
plumbing or appliances installed by the owner or occupant of such premises.
(6)
That the city shall not be liable for damages resulting from the interruption or
failure of the supply of water, regardless of the cause thereof; and that such
failure for any reasonable period of time shall not be held to constitute a
breach of contract on the part of the city nor relieve the consumer from
performing the obligations of his contract. (Code 1972, §15-3.)
§18-1-4. Utility Deposit.
(A)
Residential.
1.
2.
3.
Own home
$50.00
Rent home
$75.00
Dwelling units using a master meter; rooming or boarding houses, motels,
hotels, rest homes, apartment complexes:
a.
b.
c.
d.
e.
(B)
2
3-5
6-8
9-11
12 and over units
$50.00
$60.00
$75.00
$90.00
$ 8.00 per unit
Commercial.
(1)
Business (2" water meter or smaller) $100.00
(2)
Large business (greater than 2" water meter) $150.00
The following are hereby exempted from the deposit requirements: The
United States, the State of Oklahoma, Tulsa County, the City of Jenks, the
Jenks Public Works Authority, and School Districts.
Deposits are to be made with the Revenue Collections office, upon making
application for such utility service. In cases of repeated non-payment, it may
be determined by the City Treasurer to raise the deposit required. Upon
request after November 1, 1998, a refund of deposit will be made to owners
after five (5) years of established service, if there has been no disconnection of
service due to non-payment. (Amended, Ord. #609, Jan 6, 1986 and Ord.
#626, Oct. 20, 1986.)
§18-1-5. Water Service Connections.
(A)
When application is made for water service, after payment of the connection fees, the
owner shall employ a water service installation contractor for the service installation.
The contractor shall meet qualifications established by the City of Jenks and be
included on a list of approved plumbers and contractors.
(B)
All water service installations can be set and connected to the city mains by approved
plumbers or contractors or by employees of the City of Jenks. (Amended Ord. # 1146,
Nov. 21, 2005).
§18-1-6. Fees for Water Service Connection.
(A)
Any person, firm or corporation desiring water service from the City of Jenks and
327
having made application for such water service at the Jenks Revenue Collections
Office, shall pay to the City of Jenks the meter setting and connection or tap fee
hereinafter set forth.
(1)
Contractor installed meter
All components (with the exception of the water meter) would be supplied and
installed by a contractor on an approved list by the City of Jenks.
¾-inch meter
1-inch meter
2-inch meter
(2)
$408.00
$515.00
$922.00
City installed meter
At times, the builder may not be able to utilize an approved plumber or
contractor to install the meter. In these situations, the city may provide the
entire installation.
¾-inch meter
1-inch meter
2-inch meter
$825.00
$1,133.00
$2,275.00
(*Plus cost of road bores and extra materials and labor for cross-street
connections.)
(3)
Connections in excess of 2-inches shall be determined on a case-by-case basis.
(Amended Ord. # 1146, Nov. 21, 2005).
§18-1-7. Premises More than 100 Feet from Main.
(A)
Where the premises to be connected are over one hundred (100) feet from the city
water main, the applicant for service shall pay the entire cost of running the pipe any
additional distance to the property to be served, providing the designated service has
been approved. (Code 1972, §15-7.)
§18-1-8. One Service to a Remises: One Remises to a Service.
(A)
No premises shall be allowed more than one (1) service connection unless for good
cause shown a special permit therefore shall be given on approval of the City Manager
and on appeal to the governing body if such an appeal is requested. Every separate
premises supplied by the city water must have its own separate service connection and
meter with the city main; and the premises so supplied shall not allow water to be
supplied to any other premises.
§18-1-9. Previous Amounts Due to be Paid.
(A)
Should any water consumer cease to be a water consumer by reason of moving or
leaving the area wherein the city has jurisdiction, and be indebted to the city for water
in any amount, and should the same consumer again become a user of water or seek
again to have a water connection, the water department shall enforce collection for any
sum due the city for water not having been paid, and refuse the connection until all
such claims are paid. (Code 1972, §15-9).
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§18-1-10. Service Line: Maintenance.
(A)
All service lines between the main and the meter, shall be maintained by and at the
expense of the city. If a meter is not set at the end of the lead service, the service lines
and connections between the end of the lead service and the meter shall be maintained
by the city. (Code 1972, §15-10).
§18-1-11. Meter Required.
(A)
It is unlawful for a plumber or any other person to make a connection to or use water
from the city water system until a meter has been set. All meters installed by the city
shall belong to the city. (Code, 1972, 15-11)
§18-1-12. Size of Pipe.
(A)
All water service lines connected with the city water system shall be standard
galvanized pipe and/or PVC Schedule 40 up to and including two (2) inches in size.
All pipes shall be laid not less than two (2) feet below the surface of the ground,
except in ungraded streets where the grade is already established, the pipes shall be
laid at least two (2) feet below the established grade.
§18-1-13. Injuring a Meter, etc.; Estimate of Bill.
(A)
In all cases where meter or boxes are lost, injured or broken by willful action or as a
result of carelessness or negligence of owners or occupants of premises, the same shall
be replaced or repaired at the expense of the owner or occupant. In case of nonpayment, the water shall be cut off and shall not be turned on until such charges are
paid. In the event a meter becomes out of order or fails to register properly, the
consumer shall be charged on an estimate made by the city of the average monthly
consumption during the last three (3) months said meter was in good condition or from
what he may consider to be the most reliable data at his command.
(B)
It is unlawful for any person, unless duly authorized by the city manager, to disturb,
displace, interfere with, cover up, damage or destroy any water mains, water pipes,
meter box, machinery, tool, building, fire hydrant, curbcock, curb box, or any other
property belonging to, connected with, or under control of the municipal water supply
system of the City of Jenks, Oklahoma. (Code 1972, 15-14).
(C)
Meter can/box replacement charge of $36.00 will be assessed for damages inflicted or
loss of meter can/box.
(D)
Meter can/box deposit. Contractors and builders only. Deposits are to be paid at time
permit is issued and will be refunded upon completion of final inspection. The meter
can must be in good condition and at proper ground level The deposit is $25.00 per
can, but no contractor or builder shall be required to deposit more than $100.00).
(Amended Ord. #626, Oct. 20, 1986).
§18-1-14. Private Lines.
(A)
All private lines shall be maintained by and at the expense of owner. When the water
department notifies the owner of a leak in his private line, the owner shall have the
same repaired immediately, and in case of failure to do so within a reasonable time,
such user's service may be cut off until the line has been repaired. (Code 1972, 15-14)
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§18-1-15. Keys for Curbcocks.
(A)
The city manager may permit any licensed plumber to have a service key, which he
shall keep in his possession and with which he may shut off the curbcock for the
purpose of making repairs on the premises. No person other than a licensed plumber
shall use this key, and plumbers shall leave a curbcock in the condition in which it was
found.
§18-1-16. Officers and Employees May Inspect; Credentials.
(A)
Officers and employees of the City, whose duty it may be to enter upon private
premises to make inspection of pipes, and fixtures, or attachments used in connection
with the city's water lines, shall be provided with a badge or other credential to
identify them as officers and employees of the city. Any officer or employee of the
city shall, upon presentation of his badge or other credential provided for in this
section, have free access at all reasonable hours to any premises supplied with city
water, for the purpose of making any inspection of a water connection or line upon the
premises. In case any employee is refused admittance to any premises or is prevented
from making such inspection, the city manager may cause the water service to be
discontinued at the premises forthwith.
(B)
No person who is not an officer or employee of the city shall have, wear or exhibit any
badge or credentials of the city. It shall be the duty of every officer or employee of the
city upon resignation or dismissal from the city, forthwith to surrender and deliver to
the city all badges and credentials of the city in his possession. (Code 1972, 15-16)
§18-1-17. Water Turned on Only on Authority of City Manager.
(A)
When water service has been discontinued at any premises by application of the owner
thereof or for the non-payment of water charges or for any other cause, it shall be
unlawful for any person to again connect such premises with water service except
when authorized to do so by the city manager or his delegate. When water is so
reinstated without such authority, the city manager or his delegate may turn off the
water at the main, or remove a portion of the service connection at the cock; and if the
water was turned on thus by the consumer or by his authority, he shall be charged the
actual cost of discontinuing and reinstating the water supply. (Code 1972, 15-17)
§18-1-18. Service for Fire Protection.
(A)
Water service for fire protection shall be fitted for such fixtures as are needed for fire
protection and entirely disconnected from those used for other purposes. (Code, 1972
15-18)
§18-1-19. Use of Another Water Supply; Cross Connections Prohibited.
(A)
No service connection shall be allowed to the city water mains for any premises
supplied by water from any other source unless the city manager grants permission.
The city manager may terminate such permission at any time. The city manager shall
have power to prescribe reasonable regulations for the use of water from another
source on premises having a connection with the water system.
(B)
It is unlawful for any person, firm or corporation to cause a connection to be made or
to allow one to exist for any purpose whatsoever between the city water supply and
any other supply upon his or its premises, and where another supply exists upon any
premises, the owner shall be required to make a customer's declaration of
330
nonexistence of cross connection upon a form supplied by the city before he or it shall
be permitted to obtain, or continue to use, water from the city water system. City water
service shall be discontinued upon any premises upon which there is found to be a
connection between the city water supply and another water supply; and such service
shall not be restored until such cross connection has been discontinued. (Code 1972,
15-19).
§18-1-20. Interference with Fire Hydrants.
(A)
It is unlawful for any person not duly authorized by the city manager or a member of
the fire department in the City of Jenks to open, turn on or off, interfere with, attach
any pipe or hose to, or, connect anything with, any fire hydrant or stop cock belonging
to the city.
(B)
It is unlawful for any person to obstruct access to any fire hydrant in any manner
whatsoever.
(C)
It is unlawful to park within fifteen (15) feet of any fire hydrant.
§18-1-21. Water Shortage.
(A)
In case of emergency caused by a shortage of water in the city water system it shall be
the duty of the city manager to give immediate notice by publication to the water
consumers of the system restricting use of water obtained from the system for any
purpose other than domestic use, and such other use as he may designate, for so long
as such water shortage shall last. Thereafter, and until the city manager proclaims the
emergency at an end, it shall be unlawful for any person, firm, or corporation, during
the existence of the emergency, to use water obtained from the city water system for
the purpose of watering or sprinkling a lawn, flowerbed, park, hedge or garden, or to
use said water for any purpose other than domestic use and such other uses as the city
manager may designate. (Code 1972, 15-21)
§18-1-22. Main Extensions.
(A)
All water main extensions must first be approved by the city engineer, state health
department, the city manager and council. A plat must be filed with the city clerk
showing exact location of extensions, size of line that is proposed to be laid, and the
number of services that the line is to serve. No line smaller than four (4) inches shall
be considered a water main. The City of Jenks may alter the plans of any proposed
extensions that are to be connected with the water systems of the City of Jenks, and
they shall be laid under the supervision of the city manager or his designated
representatives from the department. When a main extension has been approved, laid
and tested to the satisfaction of the city, it shall become a part of the system and will
be owned, operated and maintained by the city; and the city shall have full authority to
operate same as any other part of the system under existing ordinances. The city shall
be absolved of all personal or property damage during time of construction, and the
contractor laying the extension shall file proper bond and insurance to the satisfaction
of the city.
(B)
Where a water main extension is requested outside the city limits of the City of Jenks
by any person, firm or corporation, the foregoing policy will be in effect, with the
following exception: the party making the request will enter into a contract with the
city prior to the time of construction if the city approves, and the city shall have full
authority over such construction.
331
(C)
All material used in any water main extension shall meet City of Jenks design criteria
and technical specifications.
(D)
All water lines and connections must be in place before asphalt street surfacing is
applied.
(E)
That all water supplied for the purpose of flushing, pressurizing, or otherwise testing
new water lines, shall be charged at the prevailing rate which the City pays to its
source of supply. (Amended Ord. #371)
(F)
Inspections requested by contractors and builders after working hours and on
weekends and holidays, may be provided by the city, however, in addition to the
normal inspection fee the inspection charge will be based on hourly rate of inspector at
two (20) times the base hourly pay rate.
§18-1-23. Service Charges to be Charged Against Applicant or Consumer.
(A)
All charges for water and sewer shall be charged against the applicant or consumer.
(Code 1972, 15-23)
(B)
All initial connect charge shall be charged against the applicant or consumer,
including transfer of service at $10.00. Exception is builders and/or contractors
working on new construction.
(C)
A charge of $10.00 shall be levied when customer requests more than two (2) meter
checks per year and the problem, if one exists, is not the responsibility of the City.
Emergency turn-offs are excluded from charges. A charge of $25.00 will be levied if
meter checks are done between the hours of 4:30 P.M. and 8:00 A.M.
(D)
Insufficient check charge - $15.00.
§18-1-24. Separate Minimums Charged for Separate Buildings, Apartments, etc.
(A)
When more than one building of any kind, or more than one residential or singlefamily living area in any building is served through one water meter, each such
building, apartment or area shall be deemed a separate water service, and a separate
minimum charge shall be made therefore and collected by the city clerk. In any such
case, such minimum charge shall be the regular minimum charge at the current rates in
effect at the time of billing. (Code 1972, 15-24)
§18-1-25. Water Rates.
(A)
The following shall constitute the established rates within and outside the corporate
limits of the City of Jenks, Oklahoma, to the users of water from the water system of
the City of Jenks, Oklahoma, for each billing cycle:
(1)
There shall be a minimum charge for which the consumer shall receive a
maximum of 1,000 gallons: $12.66 commencing Oct. 2012, $12.85
commencing Oct. 2013.
(2)
From 1,001 gallons to 8,000 gallons, the rate per thousand gallons shall be
$4.78 commencing Oct. 2012, $4.97 commencing Oct. 2013.
(3)
From 8,001 gallons to 12,000 gallons, the rate per thousand gallons shall be
$4.83 commencing Oct. 2012, $5.02 commencing Oct. 2013.
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(4)
From 12,001 gallons to 18,000 gallons, the rate per thousand gallons shall be
$4.98 commencing Oct. 2012, $5.17 commencing Oct. 2013.
(5)
From 18,001 gallons to 25,000 gallons, the rate per thousand gallons shall be
$5.27 commencing Oct. 2012, $5.46 commencing Oct. 2013.
(6)
All in excess of 25,001 gallons (per 1,000 gallons) shall be $5.62 commencing
Oct. 2012, $5.81 commencing Oct. 2013
(Previously Amended by Ord. #413, 9/12/81; Ord. #425, 4/5/82; Ord. #520, 6/20/83;
Ord. #551, 5/7/84; Ord. #584, 5/20/85; Ord. #617, 4/2/86; Ord. #645, 6/1/87; Ord.
#691, 9/6/88; Ord. #726, 6/18/90 effective 10/1/90; Ord. #765, 10/17/91; Ord. #800,
4/19/93; Ord. #858, 6/19/95; Ord. #895, 6/17/97; #958, June 1, 1998; Ord. #997, June
19,2002; Ord. #1101, June 21, 2004; Ord. #1158, June 19, 2006, Ord. #
1249Amended June 15, 2009, Ord.# 1317 June 4, 2012.).
(B)
The month of the billing cycle is the month the billing is due, which represents the
water usage during the preceding days since the last billing. A late payment penalty
not to exceed ten percent (10%) of the unpaid billing will be assessed for delinquent
payments. Any adjustment to a billing must be made in writing within ninety (90)
days of receipt of the questioned billing.
§18-1-26. Pollution of Water Supply.
(A)
It is unlawful for any person, firm or corporation to deposit excrement or foul or
decaying matter in, or in any manner to corrupt, any reservoir or other source of water
used for domestic purposes, or to aid or abet in any such act. (Code 1972, §15-26).
§18-1-27. Charge for Turning Off and Reconnect of Water Service.
(A)
(B)
In case water service is cut-off from a customer because of failure to pay water bill,
the following charges will be assessed:
(1)
Turn-off for non-payment, disconnect for non-payment, or lock meter: $15.00
(2)
Reconnect for delinquent account, turn on or unlock meter between 4:30 p.m.
and 8:00 a.m., weekends or holidays: $25.00
(3)
Reconnect for delinquent account, between 8:00 a.m. and 4:30 p.m.,
weekdays: $15.00.
In cutting water off to a customer, sufficient notice will have been given by mail to the
residence being furnished water. (Amended Ord. #409, 7/20/81; Amended Ord. #520,
6/20/83; Amended Ord. #626, 10/20/86.)
§18-1-28. Required Looping or Cross Connections of Newly Installed Water Lines.
(A)
All newly installed water lines used for service shall be looped to provide circulation
and pressure equalization. In the event that the main line terminates at a location
which will be extended in the future, a four inch return line shall be constructed to
provide temporary circulation and pressure equalization. All newly installed lines in
cul-de-sacs shall be looped with a four inch return line. Newly installed lines used
exclusively for fire hydrants shall be looped. (Added 2/4/91, Ord. #738)
Article 2. Water Use Regulation
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§18-2-1. Definitions.
(A)
The following terms, whenever used or referred to in this Article, shall, unless
different intent clearly appears from the context, be construed to have the following
meaning:
(1)
Outside watering: Shall mean any use of City water outside a structure or
building.
(2)
Water or watering: Shall mean water furnished by the City of Jenks,
Oklahoma.
(3)
Watering system: Shall mean the entire means of capturing, storing,
transporting, and distributing water owned by the City of Jenks, Oklahoma.
§18-2-2. Authorizing Director of Jenks Public Works Authority to Make Conservation
Measures.
(A)
The director of the Jenks Public Works Authority is hereby authorized and directed to
implement conservation measures by increasing more restrictive conservation means
as hereinafter established by ordering the restricted use or absolute curtailment of the
use of water for certain outside purposes for the duration of the water shortage in the
manner hereinafter set out by filing an order in the Office of the City Clerk of the City
of Jenks, which will establish therein an effective time and date of such restrictive
conservation measures. The said order shall be accompanied by a written report and
order issued by the Commissioner of Water Works and Sewage of the City of Tulsa,
which shall be the sole criteria utilized and data relied upon in making such order.
Each order shall be promptly filed with the City Clerk of the City of Jenks, who shall
make the same available for public inspection and forthwith transmit a copy of each
order to the City Council of the City of Jenks. The Director of the Jenks Public Works
Authority may give such other notice of the order to the public as determined
necessary or desirable.
§18-2-3. City Divided into Five (5) Components.
(A)
For the purpose of mandatory water rationing hereinafter set forth, the City of Jenks
shall be divided into five (5)components based on the last digit of the address. Each of
these components shall be identified on a calendar filed with the City Clerk of the City
of Jenks by geometric symbol as follows:
Last Digit of Address
0 and 1
2 and 3
4 and 5
6 and 7
8 and 9
(B)
Symbol
Circle
Triangle
Diamond
Square
Star
The appropriate watering days as provided herein shall be and are those days
represented by the geometric symbol as shown by the said calendar. Apartments,
office building complexes or other property in the City, containing multiple addresses
will be identified by the lowest address number. Where there are no address numbers
or where it is unfeasible to use an address number, then a number will be assigned by
the Director of the Jenks Public Works Authority.
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§18-2-4. Conditions for Imposing Restrictions and Conservation Measures.
(A)
That upon a determination by the Director of the Public Works Authority of the
existence of certain hereinafter stated conditions, the Director of the Public Works
Authority shall take the necessary action as hereinafter provided.
§18-2-5. Stage 1.
(A)
When the water supply level and distribution capacity is adequate with demands being
low, as determined by the City of Tulsa, the Director of the Jenks Public Works
Authority shall call upon the general population to employ prudent restraints in water
usage, and to conserve water voluntarily by every method available.
§18-2-6. Stage 2.
(A)
(B)
The conditions for this stage shall exist upon notification by the City of Tulsa of the
occurrence of any one of the following conditions:
(1)
One (1) day's use of water of 130 m.g.d. or more; or
(2)
Two (2) consecutive day's use of water of 125 m.g.d. or more; or
(3)
When the pressure in any component part of the water system remains below
five (5) p.s.i. for twenty -four (24) consecutive hours; or
(4)
Any equipment fails which would reduce the pumping or treatment capacity
of the City of Tulsa or any other occurrence that would limit distribution of
water by more than ten percent (10%),
Upon the occurrence of Stage 2, the following restrictive conservation measures be
and are hereby established:
(1)
Commencing with the effective date of the Director of the Public Works
Authority's Order as provided for in §18-2-2 of this Ordinance, the following
use of outdoor watering shall be restricted to every fifth day according to the
schedule set forth in §18-2-3 of this ordinance between the hours of twelve
o'clock (12:00) midnight and twelve o'clock (12:00) noon and between six
o'clock (6:00) p.m. and twelve o'clock (12:00) midnight, as follows:
(a)
(b)
(c)
(d)
(2)
The watering of shrubbery, trees, lawns, grass, plants or other
vegetation of any kind, except commercial nurseries, commercial
landscaping companies and commercial sod farmers with water
obtained from their own immediate premises.
The washing of automobiles, trucks, trailers, boats, airplanes or other
type of mobile equipment, except upon the immediate' premises of
commercial car washes, commercial service stations and upon
commercial motor vehicles used in the transportation of foods, food
products and perishables and upon commercial garbage pickup motor
vehicles.
The washing or sprinkling of foundations of homes and apartments.
The refilling or adding of water to swimming and/or wading pools.
The following uses shall be and are absolutely prohibited:
(a)
The operation of any ornamental fountain or other structure making a
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(b)
similar use of water.
The washing or sprinkling of streets, driveways, parking lots or
service station aprons except to alleviate fire hazards.
(3)
No watering of shrubbery, trees, lawns, grass, plants or other vegetation of
any kind upon the property of the City shall occur more than once every seven
(7) days.
(4)
The following uses shall not be prohibited:
(a)
(b)
(c)
(5)
The watering as listed in §18-2-6B.1.(a), (b), and (c) by bucket not
exceeding a capacity of five (5) gallons filled without the use of a
hose; water previously used for bath water, dish water, laundry water
and water previously used or derived from air conditioners.
The use of water for construction, commercial, manufacturing or
processing purposes shall not be prohibited, however, all such
establishments shall be subject to the provisions of §18-2-6 B.1. and
2. of this ordinance.
The use of water for golf greens.
The watering for the installation of shrubbery, trees, lawn, grass, plants or
other vegetation by commercial nurseries, commercial landscaping companies
and commercial sod farmers shall be allowed by permit during installation and
for a period of ten (10) days following the completion of the installation. The
commercial nursery, commercial landscaping company or commercial sod
farmer responsible for the installation shall make an application for a permit to
the City Clerk of the City of Jenks upon a form provided therefore. Said
application shall state the name of the person or company making the installation, the name of the owner of the premises on which said installation shall
occur, the address of the premises as calculated and determined by the
provisions of §18-2-3 of this ordinance, a description of the type, number, or
nature of the vegetation installed and the date on which the installation shall
commence and the date on which said installation shall be completed, which
dates shall be no more than five (5) calendar days apart. The Clerk of the City
of Jenks shall charge and receive a fee of thirty five dollars ($35.00) to cover
the cost of processing and issuing said permit.
If it shall be determined by the City Clerk of the City of Jenks that
the facts stated in the application are correct, he shall cause to be issued a
permit of a size and composition sufficient to allow the same to be placed or
posted in a conspicuous place on the premises. The permit shall show the date
of issue, the date, the installation is to commence, the date the installation is to
be completed, the date of the expiration of the permit, the address for which
the permit is issued and the nature, number or types of the new vegetation
being installed.
(6)
Stage 2 shall terminate and Stage 1 shall become operative when the Director
of the Jenks Public Works Authority shall file an Order with the City Clerk of
the City of Jenks finding that all conditions listed under §l8-2-5A. of this
ordinance have ceased to exist for a period of thirty (30) consecutive days.
§18-2-7. Stage 3.
(A)
The conditions of this Stage shall exist upon the notification by the City of Tulsa of
the occurrence of any one of the following conditions:
336
(1)
After Stage 2 action, two (2) consecutive day's use of water of 130 m.g.d. or
more; or
(2)
After Stage 2 action, the diminishing useable water in Spavinaw to or below
thirty-five thousand (35,000) acre feet of water, or if the City of Tulsa is
denied use of water from either Oologah or Hudson Lakes, or if the useable
water in its terminal storage lakes is diminished to or below elevation six
hundred and three feet (603') above mean sea level at Yahola Lake or six
hundred sixty-four (664') feet above mean sea level at Lynn Lane Lake.
(3)
After Stage 2 action, water useage at any time greater than the treatment
capacity of the City of Tulsa; or
(4)
After Stage 2 action, water usage at any time greater than the water pumping
capacity of the City of Tulsa; or
(5)
After Stage 2 action, when the pressure in any component part of the water
system of the City of Tulsa or the City of Jenks remains below five (5) p.s.i.
twenty-four (24) consecutive hours.
(B)
Upon the occurrence of Stage 3, the components of Stage 2 mentioned in §18-2-6B.1.,
2., 3., 4., and 5. of this ordinance shall remain in full force and effect in Stage 3,
except that watering mentioned in §18-2-6B.1. shall be allowed only by use of a
handheld hose in addition to those mentioned in §18-2-6B.4.
(C)
Stage 3 shall terminate and Stage 2 shall become operative when the Director of the
Jenks Public Works Authority shall file an Order with the City Clerk finding that all
conditions listed under §18-2-7A of this ordinance have ceased to exist for a period of
five (5) consecutive days.
§18-2-8. Stage 4.
(A)
The conditions of this Stage shall exist upon the notification by the City of Tulsa of
the occurrence of any one of the following situations:
(1)
After Stage 3 action, daily use of water continues at 130 m.g.d. or more for
two (2) consecutive days; or
(2)
After Stage 3 action, the diminishing of useable water in Spavinaw to or
below thirty-five (35,000) acre feet of water, or if the City of Tulsa is denied
use of water from either Oologah or Hudson Lakes, or if the useable water in
its terminal storage lakes is diminished to or below elevation six hundred and
three feet (603') above mean sea level at Yahola Lake or six hundred sixtyfour (664') feet above mean sea level at Lynn Lane Lake.
(3)
After Stage 3 action, water usage is at anytime greater than the treatment
capacity of the City of Tulsa; or
(4)
After Stage 3 action, water is at anytime greater than the water pumping
capacity of the City of Tulsa; or
(5)
After Stage 3 action, when the pressure in any component part of the water
system of the City of Tulsa or the City of Jenks, remains below five (5) p.s.i.
for twenty-four (24) consecutive hours.
337
(B)
Upon the occurrence of Stage 4, the components of Stage 2 and Stage 3 mentioned in
§18-2-6.(B) and Section 18-2-7. of this Ordinance shall remain in full force and effect
in Stage 4, except that watering as mentioned in §18-2-6B.1.(a), (b) and (c) shall only
be allowed by use of a handheld hose between the hours of 6:00 o'clock (6:00) p.m.
and twelve o'clock (12:00) midnight on the prescribed days of each week in addition
to that mentioned in §18-2-6(b); that the filling, refilling or adding to swimming pools
or wading pools be and is hereby prohibited; and that watering of vegetation by
commercial nurseries, commercial landscaping companies and commercial sod
farmers with water obtained from their immediate premises as mentioned in §18-26B.1.a and the washing of vehicles upon the immediate premises of commercial car
washes, commercial service stations, and upon commercial motor vehicles used in the
transportation of foods, food products and perishables and upon commercial garbage
pickup motor vehicles as mentioned in §18-2-6B.1.(b) shall be allowed between the
hours of twelve o'clock (12:00) noon and six o'clock (6:00)p.m. That no permits shall
be issued pursuant to the provisions of §18-2-6B.5.
(C)
Stage 4 shall terminate and Stage 3 shall become operative when the director of the
Jenks Public Works Authority shall file an Order with the City Clerk of the City of
Jenks finding that all conditions listed under §18-2-8A of this ordinance have ceased
to exist for a period of five (5) consecutive days.
§18-2-9. Stage 5.
(A)
(B)
The conditions of this State shall exist upon the notification by the City of Tulsa of the
occurrence of any one of the following conditions:
(1)
After Stage 4 action, daily use of water continues at 130 m.g.d or more for
two (2) consecutive days.
(2)
After Stage 4 action, the diminishing of useable water in Spavinaw to or
below thirty five thousand (35,000) acre feet of water, or if the City of Tulsa
is denied use of the water from either Oologah or Hudson Lakes, or if the
useable water in its terminal storage lakes is diminished to or below elevation
six hundred and three feet (603') above mean sea level at Yahola Lake or six
hundred sixty four feet (664') above mean sea level at Lynn Lane Lake.
(3)
After Stage 4 action,-water usage is at anytime greater than the treatment
capacity of the City of Tulsa; or
(4)
After Stage 4 action, water usage is at anytime greater than water pumping
capacity of the City of Tulsa; or
(5)
After Stage 4 action, when pressure in any component part of the water
system in the City of Tulsa or the City of Jenks remains below five (5) p.s.i.
for twenty four (24) consecutive hours.
Upon the occurrence of Stage 5, the following restrictive conservation measures are
established:
(1)
All outside watering, except as mentioned in §18-2-6 shall be and is
absolutely prohibited except foundation watering, by a handheld hose
according to the schedule in §18-2-3 during the permitted hours set forth in
§18-2-6B.1. of this ordinance.
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(C)
(2)
All restaurants shall be and are absolutely prohibited from serving water to its
customers except when specifically requested by customer.
(3)
All watering of vegetation as mentioned in §18-2-6B.1.(a) by commercial
nurseries, commercial landscaping companies and commercial sod farmers
shall be and is hereby prohibited, except upon their immediate premises.
(4)
All washing of automobiles, trucks, trailers, boats, airplanes or types of motor
equipment, whether commercial or residential, by any means shall be and is
absolutely prohibited.
Stage 5 shall terminate and Stage 4 shall become operative when the director of the
Jenks Public Works Authority shall file an order with the City Clerk of the City of
Jenks finding that all conditions listed under §18-2-8A of this ordinance have ceased
to exist for a period of five (5) consecutive days.
§18-2-10. Penalty.
(A)
Any individual, person, firm, corporation, association or other individual violating
any portion of this ordinance shall be deemed guilty of an offense, and upon
conviction, shall be punished by a fine in any amount not exceeding one hundred
dollars ($100.00) plus court costs, and/or imprisonment not exceeding a term of thirty
(30) days and the cost of the proceeding. The violation of each provision, and each
separate violation thereof, shall be deemed a separate offense and shall be punished
accordingly. (Enacted Ord. #408, July 6, 1981)
Article 3. Sewer System
§18-3-1. Sewer Tapping Fee.
(A)
There is hereby created a sewer tapping fee in the sum of fifty dollars ($50.00) per
inch, for tapping of any sewer main or lateral, which fee shall be paid by the applicant
at the time of and in addition to securing the necessary permit for such improvement,
and no part of such fee or cost shall be refunded.
§18-3-2. Sewer Bond Fee.
(A)
A sewer bond fee of two dollars fifty cents ($2.50) per month shall be assessed upon
the users of said sanitary sewer system, or those connected to city water, or both. Said
fee shall be billed by the clerk monthly or with the user's water bill, and shall be
payable to the city clerk. (Code 1972, §15-29.)
Note: The above section was approved by the voters at an election in 1966.
§18-3-3. Sanitary Sewer Fees.
(A)
The mayor and city council may adjust sanitary sewer fees as they deem it to be in the
best interest of the city and shall do so by motion or resolution.
Article 4. Sewer Use.
§18-4-1. Definitions.
(A)
Unless the context specifically indicates otherwise, the meaning of terms used in this
ordinance shall be as follows:
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(B)
"Sewage Works" shall mean all facilities for collecting, pumping, treating, and
disposing of sewage.
(C)
"Superintendent" shall mean the Superintendent of Public Works of the City of Jenks,
or his authorized deputy, agent or representative.
(D)
"Sewage" shall mean a combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together with such
ground, surface, and storm waters as may be present.
(E)
"Sewer" shall mean a pipe or conduit for carrying sewage.
(F)
"Public Sewer" shall mean a sewer in which all owners of abutting properties have
equal rights, and is controlled by public authority.
(G)
"Private Sewer" shall mean a sewer in which one owner has the rights, and is not
controlled or maintained by the City.
(H)
"Sanitary Sewer" shall mean a sewer which carries sewage and to which storm,
surface, and ground waters are not intentionally admitted.
(I)
"Storm Sewer" or "Storm Drain" shall mean a sewer which carries storm and surface
waters and drainage, but excludes sewage and polluted industrial wastes.
(J)
"Sewage Treatment Plant" shall mean any arrangement of devises and structures used
for treating sewage.,
(K)
"Industrial Wastes" shall mean the liquid wastes from industrial processes as distinct
from normal domestic strength sanitary sewage.
(L)
"Garbage" shall mean solid wastes from the preparation, cooking, and dispensing of
food, and from the handling, storage, and sale of produce.
(M)
"Properly shredded garbage" shall mean the wastes from the preparation, cooking, and
dispensing of food that have been shredded to such degree that all particles will be
carried freely under the flow conditions normally prevailing in public sewers, with no
particle greater than 1/2 inch in any dimension.
(N)
"Building Drain" shall mean that part of the lowest horizontal piping of a drainage
system which receives the discharge from soil, waste, and other drainage pipes inside
the walls of the building and conveys it to the building sewer, beginning 5 feet outside
the inner face of the building wall.
(O)
"Building Sewer" shall mean the extension from the building drain to the public sewer
or other place of disposal.
(P)
"B.O.D." (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard laboratory
procedure in 5 days at 20 degrees C., expressed in parts per million by weight.
(Q)
"pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in
grams per liter of solution.
(R)
"Suspended Solids" shall mean solids that either float on the surface or, are in
340
suspension in water, sewage, or other liquids; and which are removable by laboratory
filtering.
(S)
"Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
(T)
"Watercourse" shall mean a channel in which a flow of water occurs, either
continuously or intermittently.
(U)
"Person" shall mean any individual, firm, company, association, society, corporation,
or group.
(V)
"Shall" is mandatory; "May" is permissive.
§18-4-2. Use of Public Sewers Required.
(A)
It shall be unlawful for any person to place, deposit, or permit to be deposited in an
unsanitary manner upon public or private property within the City of Jenks, or in any
area under the jurisdiction of said City, any human or animal excrement, garbage, or
other objectionable waste.
(B)
It shall be unlawful to discharge to any natural outlet within the City of Jenks, or in
any area under the jurisdiction of said City, any sanitary sewage, industrial wastes, or
other polluted waters, except where suitable treatment has been provided in
accordance with subsequent provisions of this ordinance.
(C)
Except as hereinafter provided in subsequent sections, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or
used for the disposal of sewage.
(D)
The owner of all houses, buildings or properties used for human occupancy,
employment, recreation, or other purpose, situated within the City and abutting on any
street, alley or right-of-way in which there is now located or may be located in the
future be located a public sanitary sewer of the City, is hereby required at his expense
to install suitable toilet facilities therein. If an existing private sewage disposal system
is in use and is not operating properly (as determined by the Tulsa County Health
Department), the owner shall be required to connect such facilities directly within the
proper public sewer in accordance with the provisions of this ordinance, within ninety
(90) days after the date of official notice by the City to do so, provided that said public
sewer is within two hundred fifty (250) feet of the house, building or structure used for
human occupancy, employment, recreation or other purpose. If an existing private
sewage disposal system is in use and is operating satisfactorily (as determined by the
Tulsa County Health Department), the owner will not be required to connect such
facilities to the public sewer. However the owner of any structure connected to a
private sewage disposal system, provided the structure is located within 250 feet of a
public sewer, shall be required to pay the normal sewer user charge (based on metered
water usage), regardless of whether he elects to tie on to the public sewer or to
continue using a properly operating sewage disposal system.
§18-4-3. Private Sewage Disposal.
(A)
Where a public sanitary sewer is not available under the provisions of §18-4-2(D), the
building sewer shall be connected to a private sewage disposal system complying with
the provisions of this article.
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(B)
Before commencement of construction of a private sewage disposal system, the owner
shall first obtain a written permit from the Tulsa City-County Health Department.
(C)
A permit for a private sewage disposal system shall not become effective until the
installation is completed to the satisfaction of the Tulsa City-County Health
Department.
(D)
The type, capacities, location, and layout of a private sewage disposal system shall
comply with all recommendations of the Oklahoma State Department of Health. No
septic tank or cesspool shall be permitted to discharge to any public sewer or natural
outlet.
(E)
At such time as a public sewer becomes available to a property served by a private
sewage disposal system, as provided in §18-4-2(D), a direct connection shall be made
to the public sewer in compliance with this ordinance, and any septic tanks, cesspools,
and similar private sewage disposal facilities shall be abandoned and filled with
suitable material.
(F)
The owner shall operate and maintain the private sewage disposal facilities in a
sanitary manner at all times, at no expense to the City.
(G)
No statement contained in this article shall be construed to interfere with any
additional requirements that may be imposed by the Health Officer.
§18-4-4. Permits for Construction of Sewerage Facilities.
(A)
No person, company, corporation, institution, or other municipality shall let a contract
or contracts for, or commence the construction of any sanitary sewerage system,
extensions, or sewage facilities, either in whole or in part, or place or permit to be
placed or discharge or permit to flow into the existing City sanitary system any
sewage, unless said person, company, corporation, institution or other municipality
has first obtained a written permit signed by the City Superintendent of Public Works.
The application for permission to connect to the City sewer facilities shall be made by
written request to the City and shall be supplemented by complete plans,
specifications, engineering reports, and other information as are deemed necessary by
the City Council and the Oklahoma State Department of Health. Two or more copies
of the plans, specifications, engineering report, and other pertinent information shall
be forwarded by the City to the Oklahoma State Department of Health for review,
approval, and the issuance of a permit for construction as required by State Law.
(B)
Plans and specifications forwarded to the Oklahoma State Department of Health shall
be accompanied by an application for permit to construct (Oklahoma State
Department of Health Form No. 534), properly executed and signed by the responsible
City Official where the City plans to accept the new sewerage facilities upon
completion of construction. In the event the City does not plan to accept responsibility
for the facilities after construction has been completed, the application for permit to
construct must be signed by the party or parties who will be responsible for the upkeep
and maintenance of the proposed sewerage facilities.
(C)
A permit to connect any new sanitary sewerage system, extensions or sewerage
facilities to existing sewerage facilities shall not become effective until the new
installation is completed to the satisfaction of the Superintendent of Public Works, and
is in accordance with the requirements of the Oklahoma State Department of Health.
The Superintendent of Public Works shall be allowed to inspect the work at any stage
of construction and, in any event, the applicant for the permit shall notify the
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Superintendent of Public Works when the work is ready for final inspection, and
before any underground portions are covered.
§18-4-5. Building Sewers and Connections.
(A)
No unauthorized person shall uncover, make any connections with or opening into,
use, alter or
disturb any public sewer or appurtenance thereof without first obtaining a
written permit from
the Superintendent of Public Works.
(B)
There shall be two (2) classes of building sewer permits: (1) for residential and
commercial service, and (2) for service to establishments producing industrial wastes.
In either case, the owner or his agent shall make application on a special form
furnished by the City. The permit application shall be supplemented by any plans,
specifications, or other information considered pertinent in the judgment of the
Superintendent of Public Works. A permit inspection fee of $3.00 for a residential or
commercial building sewer permit and $1.00 for a tapping fee and $10.00 permit and
inspection fee and a $1.00 tapping fee shall be charged for Industrial connections, at
the time the application is filed. The tapping fee of $1.00 shall apply to any person
desiring to tie on to the public sewer system for a period of one (1) year from the date
of final acceptance by the City of EPA Project No. C-40-0918-11. After this date, the
connection fee for residential, commercial and industrial sewer connections shall be
$50.00 per inch of sewer tap diameter.
(C)
Should any major sewer line extensions be constructed in the future there shall be a
$1.00 tapping fee to any person with a structure currently able to be served by the
extension for a period of one year from the date the extension line becomes operable.
(D)
All costs and expense incident to the installation and connection of the building sewer
shall be borne by the owner. The owner shall indemnify the City from any loss or
damage that may directly or indirectly be occasioned by the installation of the building
sewer.
(E)
A separate and independent building sewer shall be provided for every building;
except where one building stands at the rear of another or an interior lot and no private
sewer is available or can be constructed in the rear building through an adjoining
alley, court, yard, or driveway. The building sewer from the front building may be
extended to the rear building and the whole considered as one building sewer.
(F)
Old building sewers may be used in connection with new buildings only when they are
found, on examination and testing by the Superintendent of Public Works to meet all
requirements of this ordinance.
(G)
All construction shall be in accordance with the BOCA (Building Officials and Code
Administrators) Basic Plumbing Code currently being used by the City of Jenks.
§18-4-6. Use of the Public Sewers.
(A)
No person shall discharge or cause to be discharged any storm water, surface water,
ground water, roof runoff, subsurface drainage, cooling water or unpolluted process
waters to any sanitary sewer.
(B)
Storm water and all other unpolluted drainage shall be discharged to such storm
sewers, or to a natural outlet approved by the Superintendent of Public Works. Industrial cooling water or unpolluted process waters may be discharged, upon approval of
the Superintendent of Public Works, to a storm sewer or natural outlet.
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(C)
Except as hereinafter provided, no person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewer:
(1)
Any liquid or vapor having a temperature higher than (150°F.).
(2)
Any water or waste which may contain more than (100) parts per million, by
weight, of fat, oil, or grease.
(3)
Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive
liquid, solid or gas.
(4)
Any garbage that has not been properly shredded.
(5)
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, paunch manure, or any other solid or viscous substance
capable of causing obstruction to the flow in sewers or other interference with
the proper operation of the sewage works.
(6)
Any waters or wastes having a pH lower than (5.5) or higher than (9.0), or
having any other corrosive property capable of causing damage or hazard to
structures, equipment and personnel of the sewage works.
(7)
Any waters or wastes containing a toxic or poisonous substance in sufficient
quantity to injure or interfere with any sewage treatment process, constitute a
hazard to humans or animals or create any hazard in the receiving waters of
the sewage treatment plant.
(8)
Any waters or wastes containing suspended solids of such character and
quantity that unusual attention or expense is required to handle such materials
at the sewage treatment plant.
(9)
Any noxious or malodorous gas or substance capable of creating a public
nuisance.
(10)
Any salts of the heavy metals, in solution or suspension, in concentrations,
toxic to biological wastewater treatment processes, or adversely affect sludge
digestion or any other biochemical, biological, or other wastewater treatment
process, or to the biota of the receiving stream to which the effluent of
wastewater treatment facility discharges, or exceeding the following, the
analytical results to be expressed in terms of the elements indicated:
TOXIC SUBSTANCES
Chromium (Total)
Chromium (Trivalent)
Chromium (Hexavalent)
Copper
Zinc
Nickel
Cadmium
Arsenic
2.0 mg/1
1.0 mg/l
0.1 mg/1
0.4 mg/1
0.6 mg/1
1.0 mg/1
0.2 mg/1
0.1 mg/1
Barium
Lead
Manganese
Silver
Boron
Mercury
Selenium
1.0 mg/1
0.1 mg/1
1.0 mg/1
.05 mg/1
1.0 mg/1
.01 mg/1
.05 mg/1
or other elements which will damage collection facilities or are detrimental to
the treatment processes or are detrimental to the biota of the receiving stream
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to which the effluent of the wastewater treatment facility discharges.
(11)
Any Cyanides or cyanogen compounds capable of liberating hydrocyanic gas
or acidification in excess of 0.8 mg/l as CN in the wastes from any outlet into
the public sanitary sewers.
(12)
Any Radioactive materials exceeding the existing standards of the Oklahoma
State Department of Health, or unless they comply with the Atomic Energy
Commission Act of 1954, (68 O.S. 919 as amended and Part 20, SubPart DWaste Disposal, Subsection 20.303, of the Regulations issued by the Atomic
Energy Commission, or amendments, thereto).
(13)
Any wastewaters containing phenols or other taste producing substances in
such concentrations as to produce odor or taste in the effluent or to affect the
taste and odor of the receiving waters; nor any phenols in excess of 0.l mg/l.
(D)
Grease, oil, and sand interceptors shall be provided when, in the opinion of the
Superintendent of Public Works, they are necessary for the proper handling of liquid
wastes containing grease in excessive amounts, or any flammable wastes, sand, and
other harmful ingredients; except that such interceptors shall not be required for
private living quarters or dwelling units. All interceptors shall be of a type and
capacity approved by the Superintendent of Public Works and shall be located as to be
readily and easily accessible for cleaning and inspection.
(E)
Grease and oil interceptors shall be constructed of impervious materials capable of
withstanding abrupt and extreme changes in temperature. They shall be of substantial
construction, watertight, and equipped with easily removable covers which when
bolted in place shall be gastight and watertight.
(F)
Where installed, all grease, oil and sand interceptors shall be maintained by the owner,
at his expense, in continuously efficient operation at all times.
(G)
The admission into the public sewers of any waters or wastes having (a) 5-Day
Biochemical Oxygen Demand greater than (250) parts per million by weight, or (b)
containing more than (250) parts per million by weight of suspended solids, or (c)
containing any quantity of substances having the characteristics described in Section
(C), or (d) having an average daily flow greater than (2%) of the average daily sewage
flow of the City, shall be subject to the review and approval of the Superintendent of
Public Works. Where necessary in the opinion of the Superintendent of Public Works,
the owner shall provide, at his expense, such preliminary treatment as may be
necessary to, (a) reduce the Biochemical Oxygen Demand to (250) parts per million
and the suspended solids to (250) parts per million by weight, or (b) reduce
objectionable characteristics or constituents to within the maximum limits provided
for in (C), or (c) control the quantities and rates of discharge of such waters or wastes.
Plans, specifications and any other pertinent information relating to proposed
preliminary treatment facilities shall be submitted for the approval of the
Superintendent of Public Works and of the Water Pollution Control Commission of
the State of Oklahoma, and no construction of such facilities shall be commenced until
said approvals are obtained in writing.
(H)
Where preliminary treatment facilities are provided for any waters or wastes, they
shall be maintained continuously in satisfactory and efficient operation, by the owner
at his expense.
(I)
When required by the superintendent of Public Works, the owner of any property
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served by a building sewer carrying industrial wastes shall install a suitable control
manhole in the building sewer to facilitate observation, sampling and measurement of
the wastes. Such manhole, when required, shall be accessible and safely located, and
shall be constructed in accordance with plans approved by the Superintendent of
Public Works. The manhole shall be installed by the owner at his expense, and shall
be maintained by him so as to be safe and accessible at all times.
(J)
All measurements, tests, and analyses of the characteristics of waters and wastes to
which reference is made in Sections (C) and (G) shall be determined in accordance
with "Standard Methods for the Examination of Water and Sewage," and shall be
determined at the control manhole provided for in Section (I), or upon suitable
samples taken at said control manhole. In the event that no special manhole has been
required, the control manhole shall be considered to be the nearest downstream
manhole in the public sewer to the point at which the building sewer is connected.
§18-4-7. Protection from Damage.
(A)
No unauthorized person shall maliciously, willfully, or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance or equipment
which is a part of the municipal sewage works. Any person violating this provision
shall be subject to immediate arrest under charge of disorderly conduct.
§18-4-8. Powers and Authority of Inspectors.
(A)
The superintendent and other duly authorized employees of the city bearing proper
credentials and identification shall be permitted to enter upon all properties for the
purpose of inspection, observation, measurement, sampling and testing, in accordance
with the provisions of this ordinance.
§18-4-9. Penalties.
(A)
Any person found to be violating any provision of this ordinance except § 18-4-7 shall
be served by the city with written notice stating the nature of the violation and
providing a reasonable time limit for the satisfactory correction thereof The offender
shall, within the period of time stated in such notice, permanently cease all violations.
(B)
Any person who shall continue any violation beyond the, time limit provided for in
section (A) hereof shall be guilty of an offense, and upon conviction thereof: shall be
fined in an amount not exceeding $100.00 for each violation. Each day in which any
such violation shall continue shall be deemed a separate offense.
(C)
Any person violating any of the provisions of this ordinance shall become liable to the
city for any expense, loss, or damage occasioned the city by reason of such violation.
(Enacted Ord. #416, Jan. 18, 1982).
Article 5. Sewer User Charge System
§18-5-l. Potential Users-Base Rate
(A)
All potential users of the municipally owned or operated wastewater treatment system
with access to a public sewer (structure within 250 feet of the public sewer) shall be
charged a minimum base rates commencing Oct. 2010, of $5.46 per month for the first
1,000 gallons of metered water usage; $1.77 per 1,000 gallons for the next 11,000
gallons of metered water usage; $1.93 per 1,000 gallons of the next 13,000 gallons of
metered water usage; and, $2.08 per 1,000 gallons in excess of 25,000 gallons of
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metered water usage. Commencing Oct. 2011, potential users will be charged a
minimum base rate for the first 1,000 gallons of metered water usage of $5.73; $1.86
per 1,000 gallons for the next 11,000 gallons; $2.03 for the next 13,000 gallons; and,
$2.18 per 1,000 gallons in excess of 25,000 gallons. In the case of users not on a
metered basis, the utility superintendent shall establish an estimated water
consumption based on comparison of the non-metered use with a metered user of a
similar class.
(Amended June 2, 2008, Ord. No. 1225) (Amended June 21, 2010, Ord. No. 1272)
(B)
The sewer charges to a single family residential users during the summer months
billing cycles of July, August and September will be calculated using their metered
water usage as reflected on the prior billing statement received during the preceding
month of June. Shopping centers, apartment complexes, or other multi-unit residences,
and commercial business where there is outside watering may make written
application with the Jenks City Manager to have their sewer user charge limited in the
same fashion as single family residential users as specified above. If the City Manager
determines that the applicant's average of water consumption reflected in billings
received during the months of July, August and September exceeds by fifty percent
(50%) the water consumption as reflected on the billing received in June, and the City
Manager determines that the bulk of said excess water usage is not going into the
sanitary sewer system, such sewer user charges may be adjusted. Such application
must be made within thirty (30) days of receipt of the September billing. Where
separate meters are utilized for lawn sprinkling (or outside watering) only, but not for
swimming pools, the water usage from these meters will be excluded from a sewer
user charge. (Amended Ord. #801, 4/19/93).
(C)
For residential users, the sewer user charge shall be based on their water usage per
month but not to exceed 12,000 gals. monthly water usage. (Added Ord. #618,
4/21/86; Amended Ord. #646, 6/1/87)
(D)
The Public Works Director shall allow an evaporation allowance against water usage
of a commercial customer for their sewer user charge when adequate documentation
has been provided to the director to demonstrate that a substantial volume of water
consumed has evaporated prior to discharge into the wastewater treatment system. The
credit allowed shall be in the discretion of the Public Works Director but shall not
exceed ten per cent (10%) of water usage unless there is compliance with the
following section. (Added Ord. #705, 6/19/89)
(E)
Any user may, at his sole cost, install metering or measuring devices of a type and
installed in a manner approved by the Public Works Director to measure the actual
volume of discharge into the wastewater treatment system. Billings thereafter will be
based upon the actual usage so measured in accordance with the schedule of rates for
the sewer user charge as set forth in this article. (Added Ord. #705, 6/19/89)
§18-5-2. User Charge Schedule.
(A)
As the BOD. suspended solids and other pollutant concentrations discharged shall be
approximately equal for all domestic users, users shall be charged on a volume basis
in accordance with the following formula:
CU=Cb=CtNt (Vu)
Based on Model #l, 40 CFR 35. (Appendix B)
(B)
Symbols and definitions:
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Cu=
Cb=
Ct=
Vt=
Vu=
A user's charge per unit of time.
A user's base minimum charge (for debt retirement, billing administration,
etc.) per unit of time.
Total operation and maintenance (O&M) costs per unit of time.
Total volume contribution from all users per unit of time (may include
extraneous flows)
Volume contribution from a user per unit of time.
§18-5-3. Excessive Strength Charges.
(A)
For any user, when the BOD exceeds *250 mg/1., the suspended solids exceeds *250
mg/1., or when other pollutants in normal domestic sewage, a surcharge shall be added
to the basic charge. This surcharge shall be calculated by the following formula:
Cs=
[Bc(B) + Sc(S) + Pc(P)l Vu
*Maximum limit for average domestic waste. (Based on Model No. 2, 40 CFR35, Appendix
B)
(B)
Symbols and definitions:
Cs +
Bc =
B =
Sc =
S =
Pc =
P =
Vu =
A surcharge for wastewaters of excessive strength.
O&M cost for treatment of a unit of biochemical oxygen demand. (BOD)
Concentration of BOD from a user above a base level.
O&M cost for treatment of a unit of suspended solids (SS).
Concentration of SS from a user above a base level.
O&M cost for treatment of a unit of any pollutant
Concentration of any pollutant from a user above a base level
Volume contribution from a user per unit of time.
§18-5-4. Review and Revision.
(A)
The user charge ordinance shall be reviewed not less often than every two years
regarding the wastewater contribution of users and user classes, the total of the
operation and maintenance of the treatment works, and its approved user charge
system. The charges for users or user classes shall be revised to accomplish the
following:
(1)
Maintain the proportionate distribution of operation and maintenance costs
among users and user classes.
(2)
Generate sufficient revenue to pay the total operation and maintenance costs
necessary to the proper operation and maintenance (including replacement of
the treatment works). Amended Ord. #554, June 18, 1984.
§18-5-5. Toxic Pollutants Charges
(A)
Each user that discharges any toxic pollutants which cause an increase in the cost of
management the effluent or the sludge of the treatment works shall pay for such
increased costs.
§18-5-6. Notification.
(A)
Each user shall be notified at least annually, in conjunction with the regular bill, of the
sewer use rate. Amended Ord. #554, June 18, 1984.
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§18-5-7. Charges for Extraneous Flows.
(A)
The costs of operation and maintenance for all flows not directly attributable to users
(such as infiltration/inflow) shall be distributed among users on the same basis as
operation and maintenance charges.
§18-5-8. Records.
(A)
A record keeping system shall be established and maintained by the City of Jenks to
document compliance with federal regulations pertaining to the user charge ordinance.
§18-5-9. Validity.
(A)
The user charge system shall take precedence over any terms or conditions or
agreements or contracts between the City of Jenks and any of the users which are
inconsistent with applicable federal regulations regarding user charge systems.
§18-5-10. Billing.
(A)
Users will be billed on a monthly basis with payment due by the tenth (10th) of each
month. Users on metered water service will be billed on the same notice as water
charges and wastewater service will be designated as a separate entry. Users of the
wastewater system not on metered water service will be billed monthly on an
individual notice for wastewater service at the rate established by the utility
superintendent. Users with delinquent accounts will be notified in writing by the
utility superintendent that water and/or wastewater services will be terminated unless
the account is paid in full. The utility superintendent will utilize the law enforcement
agency to assist as required in the control and management of the user charge system.
(Enacted Ord. #417, Jan. 18, 1982).
§18-5-11. Penalty.
(A)
Any person who performs any unlawful act as defined in this chapter, or who
otherwise violates any provisions of this chapter, upon conviction thereof shall be
punished by a fine of not more than two hundred dollars ($200.00) plus court costs.
Each day upon which a violation continues shall be deemed a separate offense.
(Amended Ord. #534, Nov. 21, 1983) (Amended Ord #1180, Oct. 16, 2006).
Article 6. Reserved.
Article 7. Plant Development Charge.
§18-7-l. Waste Water Development Charge.
(A)
A plant development charge shall be applied to the building permit fees for
construction on any platted lot within the Jenks City Limits.
(B)
Said charge shall be $315.00 per dwelling unit, and the equivalent for other nondwelling unit type facilities to be adjusted by ratio of projected waste water flow of
said facility to the normal waste water flow from normal dwelling units.
(C)
All monies received from these charges shall be dedicated for improvement and/or
expansion of the waste water treatment plant facility, except as may be rebated
pursuant to the provisions of Article 12 of Chapter 7 of the Jenks City Code.
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(Amended Ord. #723, May 21, 1990)
Article 8. Storm Water Management Fee
§18-8-l. Purpose
(A)
To provide funding for implementation of federal mandates to regulate storm water
runoff and to assist in providing maintenance of drainage facilities to reduce the
adverse effects of overflows from existing water courses and drainage facilities.
§18-8-2. Fee.
(A)
A monthly fee of $2.00 shall be assessed against each residential lot or dwelling, and
for each commercial, office or industrial use parcel, or school or church parcel, or
utility fee is to be modified to provide a fee rate structure based upon the amount of
impervious surface areas, and other factors, contributing to runoff.
§18-8-3. Collection of Fee.
(A)
(B)
The fee provided for herein shall be billed monthly along with any bill for water,
sanitary sewer, solid waste collection or other utility service provided by the City. In
the event any person, firm or corporation shall tender as payment of water service,
sanitary sewer service, solid waste services and/or this fee an amount insufficient to
pay in full all of the charges so billed, credit shall be given first to this fee, second to
the charges for collection of solid waste, third to the charge for sanitary sewer services
and last to the charges for water service.
In the event that any utility account shall become delinquent, water services may be
terminated until all delinquent charges have been paid in full.
(C)
In the case of users real estate who are not billed for water, sanitary sewer collection
of solid waste by the City, the owner of the real estate or the agent of the owner shall
be billed monthly for the storm water maintenance fee.
(D)
The City may enter into contracts with other public, quasi public or private utility
companies for the cooperative collection of any or all of the City's utility charges
including this fee.
§18-8-4. Effective Date:
(A)
The storm water management fee shall commence on the November l, 2002, billing
statement for the previous water Wage period. (Enacted Ordinance #1044, June 17,
2002)
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Chapter 19
STREETS, SIDEWALKS, AND OTHER PUBLIC AREAS
Article 1. Use and Obstruction
§19-1-1. Trees and Shrubbery to be Trimmed.
(A)
The owner of any premises abutting on any street of this city shall trim all trees and
shrubbery growing in the parking, between sidewalk and roadway, of any such street,
and all trees and shrubbery growing on any part of the premises adjacent to the
sidewalks or any street or alley, in such manner that the boughs or limbs thereof will
not obstruct free and convenient passage and travel along the sidewalks, streets, and
alleys. When such premises are occupied by some person other than the owner, such
occupant shall trim the trees and shrubbery in the same manner as hereinbefore
required of the owner. Such trees and shrubbery shall be trimmed so that the lowest
branches or foliage will not be lower than ten (10) feet above the roadway of a street
or alley, nor lower than eight (8) feet above the sidewalk. (Code 1972, §16-1.)
§19-1-2. Penalty for Violation of Above Section.
(A)
Any owner or occupant who fails, refuses, or neglects to trim trees and shrubbery as
provided in § 19-1 above, after receiving five (5) days notice from the city manager or
director of public works to do so, shall be guilty of an offense against the city. Every
day on which the owner of occupant fails, refuses, or neglects, to trim such trees or
shrubbery, after the expiration of the five (5) days notice shall be a separate offense.
(Code 1972, §16-2.)
§19-l-3. Unlawful to Injure Trees and Shrubbery.
(A)
It is unlawful for any person to injure any tree or shrubbery on a street or alley in the
city; provided that this shall not prohibit the lawful and proper care and removal of
such trees and shrubbery. (Code 1972, §16-3.)
§19-1-4.
etc.
(A)
Unlawful to Obstruct Sidewalks, Parkways, Streets and Alleys with Merchandise,
It is unlawful for any person, firm, or corporation to place upon or permit to be placed
upon the streets or alleys of the city any goods, wares, articles of merchandise, or any
other obstruction, and leave same thereon. (Code 1972, §16-4.)
§19-l-5. Unlawful to Obstruct Unduly Sidewalks and Streets.
(A)
It is unlawful for any person to use or obstruct the sidewalks of the city in any manner
so as to interfere unduly with pedestrian traffic thereon, or to use or obstruct the streets
or alleys of the city in any manner so as to interfere unduly with lawful traffic and
parking thereon. (Code 1972, §16-5.)
§19-1-6.
Repealed Ord. #699. September 19, 1988.
Now see §14-7-7.
352
§19-1-7. Unlawful to Play in Streets and Alleys.
(A)
It is unlawful for any person to play on the streets and alleys of the city, except as may
be authorized by ordinance. (Code 1972, §16-7.)
§19-l-8. Water, etc., from Filling Stations and Other Businesses.
(A)
It is unlawful for any owner or operator of a filling station or other place of business,
or any agent or employee thereof, to cause or allow water, grease, or other fluid to
flow or drain into, upon, over or across any sidewalk, parking, street, alley, or other
public way. (Code 1972, §16-8.)
§19-1-9. Sidewalks to be Kept in Good Condition.
(A)
The owner or other person in charge of real property which adjoins a sidewalk or
sidewalk area, shall keep the adjoining sidewalk or sidewalk area in good condition
and safe for pedestrian use; and it is unlawful for such owner or person in charge to
fail to do so. (Code 1972, §16-9.)
Article 2. Installation of Sidewalks and Driveways and Cuts in Streets
§19-2-1. Installation of Driveways and Sidewalks.
(A)
It is unlawful for any person to construct a paved sidewalk, driveway, or other paved
or permanent structure in the public right-of-way without first securing a permit from
the building official of the City of Jenks, Oklahoma, to make such construction;
provided this requirement shall not apply to any person repairing or replacing a
sidewalk or driveway to its original condition.
§19-2-2. Cutting Streets or Sidewalks.
(A)
It is unlawful for any person to cut, alter, mutilate, or change in any manner for any
purpose, any paved or traveled portion of any street or alley, or any curb, gutter, catch
basin, or any other appurtenance of any street or alley or any sidewalk in the City of
Jenks, Oklahoma, without first securing a permit from the building official of the City
of Jenks, Oklahoma, to make such cut, alteration or change; provided this requirement
shall not apply to any person repairing or replacing a sidewalk under a sidewalk
permit, provided such person changes only the sidewalk. (Code 1972, §16-10.)
§19-2-3. Permits.
(A)
Any person desiring to cut, alter, mutilate, or change in any manner for any purpose,
any paved or traveled portion of any street or alley, or any curb, gutter, catch basin, or
any other appurtenances of any street or alley; or who shall construct new driveways
or sidewalks in the public right of way shall apply to the building official of the City
of Jenks, Oklahoma for a permit therefore, and pay to the City Clerk the permit fee
required as follows:
Twenty five dollars ($25.00) for each curb cut or driveway installation or sidewalk
installation and twenty five dollars ($25.00) for each additional curb cut, or other
change to the pavement in the City's right-of-way on the same lot. When the curb cut
or driveway installation or sidewalk installation is applied for at the same time as a
building permit for a new structure, the permit fee shall be waived for the one curb cut
and related driveway installation and/or sidewalk installation only.
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(B)
Upon payment of said fee, or as waived under provisions of (A) above, the building
official shall issue to such applicant a permit in accordance with the application
therefore.
(C)
In determining the number of separate permits required, when a sidewalk and driveway and curb cuts are to be done contemporaneously as a unit, only one (1) permit
need be applied for.
(D)
The City Manager shall cause design criteria to be enforced by rule for purposes of
this section and the building official is authorized to enforce same by revocation of
this permit for non-compliance. Reasonable notice will be given by the permit
applicant to the building official for inspection of forms in place prior to paving.
§19-2-4. Cutting of Pavement.
(A)
Previous to the removal of pavement for the installation or repair of subsurface
utilities, all sides of the proposed cut shall be sawed with an approved concrete saw to
a depth of not less than one and one-half (1 1/2) inches. Where it is necessary to cut
paving for emergency repairs, paving may be removed without sawing, provided any
damaged sections of paving are removed prior to making of repairs; and if it is further
necessary to remove additional paving, the sawing process shall be repeated, covering
the outer edges of the pavement to be replaced and the replacement of all paving cut
shall be done by the applicant at his cost, but under the direction supervision of the
city manager of the City of Jenks, Oklahoma. (Code 1972, §16-13.)
§19-2-5. Maintenance Bond.
(A)
Prior to the issuance of a permit to any person to cut any street or roadway within the
city limits of the City of Jenks, Oklahoma, such person shall post with the City of
Jenks, Oklahoma a three (3) year maintenance bond running to the city, and to be in
full force and effect beginning with the day said road or street shall have been restored
to its original condition by such applicant in the manner required by ordinance, and
said bond continuing in force for three (3) years after said street has been accepted by
said City of Jenks, Oklahoma. This bonding requirement shall not apply to curb cuts,
driveway installation and sidewalk construction where catch basins, other special
appurtenances, or overall design of the street and alley shall not be adversely affected
or substantially altered. The City Manager is authorized to make this determination.
§19-2-6. Backfill of Trenches, Service, New Subdivisions (Also see City Design Criteria).
(A)
All trenches excavated across or along any paved street or alley and across any
traveled portion of unpaved streets or alleys shall be backfilled and compacted to the
same density as the existing soil adjacent to the side of the trench, but shall not be less
than ninety percent (90%) standard proctor density; provided the excavated materials
consist of soil that can be readily compacted at the optimum moisture. If the excavated
material consists of a majority of clay or silt and contains an excess of moisture, such
excavated material shall be removed from the site of the work and the trench filled
with sand or other materials that will meet the soil classification of A-2 or better. In
the backfilling compaction, all of the material shall be removed and hauled from the
job site and the trenches refilled with material as specified above. All trenches
excavated along unpaved streets may be backfilled and compacted by flooding,
providing that an excessive water pressure is not used and that the method of flooding
to be used meets with the approval of the City Manager.
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(B)
All service lines and sleeves for the same on the opposite side of the street from the
main must be in place, backfilled and compacted before street surfacing is laid. In the
event the City or its agents have authorized surfacing and it is later discovered that
either no service lines or sleeves or an inadequate number of service lines or sleeves
were in place prior to the street surfacing, the costs for future installation of service
lines and/or sleeves shall be the sole responsibility of the applicant for such service.
(Amended 3/7/94, Ord. ##828)
§19-2-7. Danger Signals.
(A)
It shall be the duty of any person doing any type of constructing or excavating work
upon or adjacent to any street, alley, sidewalk, or public ground in the City of Jenks,
Oklahoma, to maintain substantial guard rails and barriers around such work or
excavation in such a manner as to protect pedestrians, animals, and vehicles using
such street, alley or walk. Similar barriers shall be placed around any materials or
equipment with which contact would be dangerous to pedestrians, animals or vehicles.
It shall be the duty of all such persons to display and maintain lighted lanterns with red
globes, lights, or lighted signal flares from sundown to sunup during the time such
work, excavation, or obstruction exists. Such lanterns, flares, or lights shall be of a
type approved by the City Manager, and shall be placed on or sufficiently near such
place in a number and manner sufficient to warn the traveling public from any
direction; and if such obstruction is more than ten (10) feet long, one of such danger
signals shall be placed at each end and additional ones placed along such obstruction
not more than twenty (20) feet apart. It is an offense for any person to fail to provide
such safeguards, and each day of such omission shall constitute a separate offense.
(Code 1972, §16-5)
§19-2-8. Removal of Danger Signals.
(A)
It is unlawful for any person to remove or destroy any barrier or danger ' signal placed
or erected under the provisions of the preceding section, unless such act is done at the
direction of the person in charge of such work or the City Manager. (Code 1972, §1619).
§19-2-9. Protection of New Pavement.
(A)
It shall be the duty of any person constructing a sidewalk, curb, or street or alley
pavement in the City of Jenks, Oklahoma, to place barriers around such work
sufficient to prevent any traveling upon the same until it is ready to use. It is unlawful
for any person to remove, displace, tear down or destroy any barricades placed upon
or along the streets, alleys or sidewalks of the City of Jenks, Oklahoma for the
protection of any pavements or sidewalks while they are in the course of construction
and before they are opened for traffic; and it is unlawful for any person or persons to
enter into or upon such street, pavement, or sidewalk, or to permit any person or thing
under their control to do so before such pavement, street, or sidewalk is opened for
general traffic. (Code 1972, §16-17)
§19-2-10. Removal of Street or Sidewalk.
(A)
It is unlawful for any person to dig, remove, or carry away any earth, sand, rock,
gravel, or sod, or cut out any trees or bush from any street, alley, land, or other public
thoroughfare, to remove any portion of any sidewalk or any support from any
sidewalk or any support from any sidewalk crossing, or to loosen or remove any plant,
stringer, or other support from any culvert or bridge, without permission of the city
manager. (Code 1972, §16-18)
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§19-2-11. Credit or Refund.
(A)
The city manager shall credit or refund any permit fees charged under the old Article
2, Section 19-11(a) from July 7, 1982, and prior to the enactment of this ordinance
which shall be in excess of those provided hereinabove in Section 19-2-3. The
applicant must make written application to the city manager for any such credit or
refund. Said credit or refund shall not be allowed unless applied for prior to June 30,
1983.
Article 3. Penalty
§19-3-1. Penalty
(A)
Any person who violates or fails to comply with any provision of this chapter or any
legal order or regulation made pursuant thereto, shall be guilty of an offense, and upon
conviction thereof shall be punished by a fine of not more than two hundred dollars
($200.00) plus court costs. Each day upon which a violation continues shall he
deemed a separate offense. (Code 1972; Amended Ord. #443, August 16, 1982 and
Ord. #534, Nov. 21, 1983.) (Amended Ord. #1180, Oct. 16, 2006).
Article 4. Jenks Street-Naming and Property-Numbering Systems
§19-4-1. Street-Naming and Property Numbering Systems.
(A)
The property numbering maps entitled "Property Numbering Maps" dated October 17,
1988, Jenks, Oklahoma are hereby adopted as the official property numbering maps of
the City of Jenks, Oklahoma, and all property numbers assigned shall be assigned in
accordance with this numbering map, and no other property numbers shall be used or
displayed after assigned in accordance with the official numbering map.
(B)
On the property-numbering map, Main Street is hereby designated as the North-south
axis and 1st Street is hereby designated as the East-West axis and all streets running
generally north and south shall be numbered from the East-West axis consecutively to
the corporate limits of the extremity of such street. Streets running generally east and
west shall be numbered from the North-South axis in the same manner. Whenever
possible 100 numbers shall be allowed to each block so-that the number of each
consecutive block shall commence with consecutive hundreds and one.
(C)
One whole number shall be assigned for every 20 feet of ground whether improved
property or vacant lot on every street within the corporate limits. Odd numbers shall
be assigned to the east side of the street on all north-south streets, and even numbers to
the west side. On east-west streets, even numbers shall be assigned to the south side of
the street and odd numbers to the north side.
(D)
All residence and business buildings erected after the adoption of this ordinance shall
be assigned a number in accordance with the property-numbering maps.
(E)
Grid lines shall appear on the map perpendicular and parallel to the base lines. These
lines indicate the point where block numbers change from one hundred to the next
higher hundred. Grid lines are used to standardize the numbering of paralleled blocks
at the same distance from the base lines.
(F)
The hundred-number interval, called the block interval, is the distance between grid
lines, or the point when the next higher number is used. This will be 400' as this is the
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number that has always been used in east/west computations - 528' will be the
north/south interval.
(G)
A Street running in one direction should have one name only and should have the
same name throughout its entire length. However if the street jogs 60 degrees or more
and continues for 500 or more feet after the angle in the new direction, the street shall
be renamed.
Permanent voids or streets broken by intervening land uses that are unlikely to be
connected in the future, such as streets not continued across a stream or railroad track,
will still use the same street name regardless.
(H)
Definitions of Thoroughfare Designations
The use of thoroughfare designations as a locational devise is probably the simplest
method of street naming. In such a system, thoroughfares with specific physical
characteristics are defined and certain street-name suffixes are consistently applied.
(I)
(1)
Boulevard. A street divided by a landscaped center island and generally is
designated by a name, not a number used as a name.
(2)
Court. Cul-de-sac or permanent dead-end road.
(3)
Drive. A curvilinear street of more than 500 feet length, generally designed
by a name.
(4)
Highway. Designated state or federal highway.
(5)
Interstate. Roads of the highest order, characterized by limited access and
wide right-of-way.
(6)
Loops and circles. Loops are short drives that begin and end on the same
street. Circles are short streets that begin and circle back to terminate on the
same road.
(7)
Place. A cul-de-sac or permanent dead-end road. Also indicates a minor or
dead-end street lying between numbered thoroughfares.
(8)
Streets and Avenues. Avenues are north-south roads longer than 500 feet.
Streets are east-west roads longer than 500 feet.
(9)
Lane. Minor or dead-end street that lies between numbered thorough-fares.
Theme Names and Alphabetical Sequencing.
(1)
The North-South streets west of 1st follow a tree/shrub motif in alphabetical
sequence. After the tree starting with "W", the system switches to famous
American names starting with "A" and proceeding west. The North-South
streets east of 1st street are numerical beginning with East 2nd, 3rd, and so on.
(2)
When there are more streets than can be named using the system above,
names will be used in the west depicting trees/shrubs or famous persons using
the same alphabetical letter in which it falls, and in the east, using some form
of the subdivision name in which it is located.
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(J)
(K)
The frontage interval of 20 feet is used to assign a progression of numbers to
properties, working out from the base lines. Individual buildings, lots and blocks are
disregarded because they do not have a standard size. Jenks is using the Equal Interval
System using grid lines perpendicular and parallel to the base lines at 400 foot
intervals.
(1)
The grid overlay is only a reference point; its principal purpose is to determine
a range of numbers on a particular portion of land in relation to the principal
street of access.
(2)
When assigning numbers, start at the grid or base line and allow hypothetical
numbers for each frontage interval. Streets, utility easements, railroads and
streams will not be skipped, because if time brings change, there will be
numbers available to assign. Vacant property is not to be assigned a number
until there is something built upon it.
(3)
The same criteria as stated above in changing street names will determine if
the numbering is changed to reflect the orientation with a different base line.
Streets Starting from Different Points on the Same Cross Street
(1)
(L)
Diagonal Streets
(1)
(M)
When a street does not begin at the same location as a parallel street, the
numbers should begin with the same number measured from the base line as
on the parallel street. Buildings facing streets that do not extend to the base
line at present are assigned numbers as if they were extended. See Figure 1 for
the example.
Treat the street as either a north-south or an east-west street it is not a perfect
diagonal. If it is a perfect diagonal, an arbitrary decision is made to treat it as a
north-south or an east-west street.
Group Housing Projects/Private Drives
(1)
A number will be assigned to the property where a driveway adjoins the
street; this becomes the street address of all upon that interior court. See units
which face figure 2.
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FIGURE 2. PROPERTIES ALONG THE PARKING BAY ARE
ASSIGNED ONE NUMBER AND ALPHABETICAL DESIGNATIONS.
The separate apartments or building interior to that would have a subnumber.
(N)
(2)
Mobile home parks should be treated like other multifamily developments.
The property as a whole should be assigned one number and each mobile
home should receive numerical designations such as Lot 1, Lot 2, in addition
.to the general number. However, if the development is a mobile home
subdivision, following normal subdivision regulations on lot sizes and streets,
the properties should be treated as individual residences.
(3)
Private drives are not usually considered for numbering purposes. If access to
a business or industrial establishment is not approached on any public street,
the address is assigned using the interval where the drive joins the street. If the
structure's principal access is from the private drive but is hidden behind other
structures or is located on the interior of the block, the centerline of the
driveway is used to assign the numbers.
Duplex Buildings
(1)
(0)
Rear Houses and Buildings on Interior Lots
(1)
(P)
Separate numbers should be assigned to the entrances of a duplex house.
For landlocked parcels with rear dwellings, a subordinate designation can be
assigned. The subordinate designation shall be in the form of an alphabetical
suffix. The only exception to the rule that separate entrances should have
separate numbers is if a structure is hidden or plainly subsidiary or auxiliary in
nature to a primary structure, or when there are two or more entrances to a
separate unit of the same structure.
Numbering on Circle Streets and Horseshoes
(1)
Circle streets or horseshoe-shaped streets begin and end touching the same
streets. In such cases, ignore compass directions and give numbers on such
streets to correspond with the numbering on the street where the circle
originates. The even numbers are put on the inside of the circle and the odd
numbers on the outside of the circle. See figure 3.
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(2)
There will be more properties n the outside of the circle than on the inside of
the circle. In such cases, numbers should be assigned in a regular manner to
the side of the street having the greatest property frontage along the street,
using consecutive odd or even numbers. Numbers should then be assigned to
the side having the shorter frontage so that these numbers correspond with
property on the opposite side of the street. See figure 4.
FIGURE 4 CUL-DE-SAC NUMBERING
(Q)
Administration
(1)
Street names and street numbers for dwelling units and places of business on
all public and private streets shall be assigned by the Planning Department of
the City of Jenks.
(2)
No building permit shall be issued for any principal building until the owner
or developer has procured from the Building Inspector of the City of Jenks the
official number of the premises. Final approval for a certificate of occupancy
of any principal building erected or repaired after this date shall be withheld
until permanent and proper numbers have been displayed. (Enacted Ord. 693,
Oct. 17, 1988.)
Article 5. Policies and Guidelines for Private Streets, Gated Residential Developments
§19-5-l. General Requirements: Private Streets, Sidewalks, Storm Sewers, and Recreation
Areas
(A)
Private streets shall be allowed only within Planned Unit Developments. Private
streets shall be constructed and maintained with the same standards established in the
City of Jenks design criteria. Maintenance of private streets by a property owners
association shall be established in the Deed of Dedication of the recorded plat.
(B)
Private street subdivisions shall not be permitted if adjacent subdivision or
undeveloped land have or require access to and from these streets. Private streets shall
not be permitted if access to an existing or future collector street is impeded or
rendered impossible.
(C)
All private street lighting shall be paid by property owners associations. All private
streetlights shall be installed in accordance to the design criteria; however the system
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shall be maintained privately.
(D)
All private street signs shall be maintained privately in accordance to the design
criteria
and shall be red (or other approved) color background.
(E)
Overland storm sewer systems in gated residential subdivisions shall be built in
accordance to the design criteria and shall be maintained privately by the property
owners association.
(F)
Parks, trails and recreation areas within gated developments shall be privately owned
and maintained by the property owners association.
(G)
Access to all emergency and service delivery vehicles shall be guaranteed at all
entrances by the property owners association. These vehicles include, but are not
limited to, the following agencies: Police, Fire, Ambulance, Public Works, refuse
pickup, mail delivery, municipal and county inspections (code) departments, other
municipal and government agencies, utility companies (electric, gas, telephone, cable
TV, water, sewer), etc. The Developer and the homeowners association shall provide
insurance indemnification for any loss to any government vehicles.
(H)
All current security codes, pass words/numbers and devices necessary to allow instant
access shall comply with the requirements set out in § 19-5-2.
§19-5-2. Guidelines for Operational Gates on Private Streets.
(A)
Gates or any control device shall be allowed only on private streets and private streets
shall only be permitted in a PUD subdivision.
(B)
Maintenance of the gate shall be the responsibility of the property owners association.
(C)
Maintenance contracts, to service and repair the gates, by a private contractor or a
property owners association, shall require periodic inspections by private companies.
These contracts and maintenance records shall be available to the City of Jenks upon
request.
(D)
The property owners' association shall be required to secure a Gate Access Permit
yearly from the Chief of Police. The Gate Access Permit shall be issued by the City
upon receiving a four (4) digit access code (s) number, from the property owners'
association. The property owners' association shall have thirty (30) days from the date
of receiving notification of permit request to secure a permit and provide its code to
the City. If the code is defective or will not permit access to the City, or the above
enumerated entities, the City or those with a right of access as enumerated may crash
the gate without recourse and at the property owners' association's sole expense.
Names and contacts of maintenance companies, groups or individuals involved in
contracts shall be provided to the City on an annual basis.
(E)
Gate design, gate access setbacks, and systems shall be approved by the City of Jenks
Planning and Engineering Departments prior to installation. Gates shall be designed in
such a manner that in cases of electrical power losses they will open automatically and
remain in an open position until such time that the electrical power is restored.
(F)
All security locks or devices used to secure any gate apparatus shall be approved by
the City of Jenks. Hard-tempered steel locks shall not be permitted.
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(G)
Entrance lights, gate lights and keypad lighting shall be approved through the City
engineering review process. (Enacted Ord. #1173, Aug. 21, 2006).
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363
Chapter 20
TRAFFIC
Note: For state law relating to traffic, see particularly 47 0. S. §§1-101 et seq.
Article 1. Words and Phrases Defined
§20-1-1. Definition of Words and Phrases.
(A)
The following words and phrases, when used in this chapter, have the meanings
respectively ascribed to them in this section:
(1)
Authorized emergency vehicle.
vehicles, and ambulances.
(2)
Bicycle. Every device propelled by human power upon which any person
may ride, having two (2) tandem wheels either of which is more than twenty
(20) inches in diameter.
(3)
Boulevard. Such streets as shall be designated by the police as having the
right-of-way over intersecting streets.
(4)
Bus.
Every motor vehicle designed for carrying more than ten (10)
passengers and used for the transportation of persons; and every motor
vehicle, other than a taxicab, designed and used for the transportation of
persons for compensation.
(5)
Business District. The territory contiguous to and including street or highway
when fifty percent (50%) or more of the frontage on either side of street or
highway for a distance of three hundred (300) feet or more is occupied by
buildings designed for and used for business.
(6)
Controlled-access Highway. Every highway, street or roadway in respect to
which owners or occupants of abutting lands and other persons have no legal
right of access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction over
such highway, street or roadway.
(7)
Crosswalk.
(a)
(b)
Vehicles of the fire department, police
That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides of
the highway measured from the curbs or, in the absence of curbs,
from the edges of the traversable roadway.
Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the
surface.
(8)
Curb. The boundary of any street or roadway.
(9)
Curb Loading Zone. A space adjacent to a curb reserved for exclusive use of
vehicles during the loading or unloading of passengers or materials.
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(10)
Driver. Every person who drives or is in actual physical control of a vehicle.
(11)
Fire Lane. Any street set aside by the police department to be kept clear of
parked vehicles for the convenience of the fire department in answering fire
alarms.
(12)
Freight Curb Loading Zone. A space adjacent to a curb for the exclusive use
of vehicles during the loading or unloading of freight or passengers.
(13)
Highway or Street. The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel. The words "highway" and "street" are
synonymous herein.
(14)
Intersection.
(a)
(b)
The area embraced within the prolonging or connection of the lateral
curb lines, or, if none, then the lateral boundary lines of the roadways
of two (2) highways which join one another at, or approximately at,
right angles, or the area within which vehicles traveling upon different
highways joining at any other angle may come in conflict.
Where a highway includes two (2) roadways thirty (30) feet or more
apart, then every crossing of each roadway of such divided highway
by an intersecting highway shall be regarded as a separate
intersection. In the event such intersecting highway also includes two
(2) roadways thirty (30) feet or more, apart, then every crossing of
two (2) roadways of such highways shall be regarded as a separate
intersection.
(15)
Laned Roadway. A roadway which is divided into two (2) or more clearly
marked lanes for vehicular traffic.
(16)
Motor Vehicle. Every vehicle which is self-propelled and every vehicle
which is propelled by electric power obtained from overhead trolley wires, but
not operated upon rails.
(17)
Motorcycle. Every motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three (3) wheels in contact with
the ground, but excluding a tractor.
(18)
Official Time Standard. Whenever certain hours are named herein, they shall
mean standard time or daylight saving time as may be in current use in this
city.
(19)
Official Traffic-Control Devices. All signs, barricades, signals, markings, and
devices not inconsistent with this chapter placed or erected by authority of a
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public body or official having jurisdiction, for the purpose of regulating,
warning, or guiding traffic.
(20)
(21)
Official Warning and Direction Signs and Signals. All warning and direction
signs and signals not inconsistent with the terms of this chapter heretofore or
hereafter placed or erected under the provisions of this chapter by authority of
the police.
Operator. Any person who is in actual physical control of any vehicle.
(22)
Park or Parking. Means the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
(23)
Passenger Curb Loading Zone. A place adjacent to a curb reserved for the
exclusive use of vehicles during the loading or unloading of passengers.
(24)
Pedestrian. Any person afoot.
(25)
Person. Every natural person, firm, co-partnership, association or corporation.
(26)
Police Department. Shall mean the police department of the City of Jenks and
the chief of police; and the said chief of police and all other policemen shall
be subordinate to and under the direction and control of the City Manager.
(Amended, Ord. 521, June 20, 1983)
(27)
Police Officer. Every officer of the municipal police department or any
officer authorized to direct or regulate traffic or to make arrests for violation
of traffic regulations.
(28)
Private Road or Driveway. Every way or place in private ownership and used
for vehicular travel by the owner and those having express or implied
permission from the owner, but not by other persons.
(29)
Railroad. A carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails.
(30)
Railroad Train. A steam engine, electric or other motor, with or without cars
coupled thereto, operated upon rails except streetcars.
(31)
Resident District. The territory contiguous to and including a highway not
comprising a business district when the property on such highway for a
distance of three hundred (300) feet or more is in the main improved with
residences or residences and buildings in use for business.
(32)
Right-of-Way. The privilege of the immediate use of the roadway.
(33)
Roadway. That portion of a highway improved, designed, or ordinarily used
for vehicular travel, exclusive of the shoulder. In the event a highway includes
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two (2) or more separate roadways, the term "roadway" as used herein refers
to any such roadway separately but not to all such roadways collectively.
(34)
Safety Zone or Island. An area or space officially set apart within a roadway
for the exclusive use of pedestrians and which is protected or is so marked or
indicated by adequate signs as to be plainly visible at all times while set apart
as a safety zone or island.
(35)
Sidewalk. That portion of a street between the curb lines, or the lateral lines
of a roadway, and the adjacent property lines, intended for the use of
pedestrians.
(36)
Stand or Standing. Means the halting of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers.
(37)
Stop. When required, means complete cessation from movement.
(38)
Stop or Stopping. When prohibited, means any halting- even momentarily of
a vehicle, whether occupied or not, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a police officer of
traffic control sign or signal.
(39)
Street. Every way set apart for public travel except alleys, alley-ways, bridle
paths and foot-paths.
(40)
Through Highway. Every highway or portion thereof on which vehicle traffic
is given preferential right-of-way, and at the entrances to which vehicular
traffic from intersecting highways is required by law to yield right-of-way to
vehicles on such through highway in obedience to either a stop sign or a yield
sign, when such signs are erected as provided in this chapter.
(41)
Traffic. Pedestrians, ridden or herded animals, vehicles and other conveyances either
singly or together while using any highway for purposes of travel.
(42)
Traffic-Control Signal. Any device, whether manually, electrically, or mechanically
operated, by which traffic is alternately directed to stop and to proceed.
(43)
Urban District. The territory contiguous to and including any street which is built up
with structures devoted to business, industry, or dwelling houses situated at intervals
of less than one hundred (100) feet for a distance of a quarter of a mile or more.
(44)
Vehicle. Every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, excepting devices moved by human power or
used exclusively upon stationary rails or tracks.
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Article 2. Traffic Administration; Obedience to Traffic Regulations
§20-2-1. Duty of Police Department and Fire Department.
(A)
It is the duty of the police department to enforce the street traffic regulations of this
city and all of the state vehicle laws applicable to street traffic in this city, to make
arrests for traffic violations, to investigate accidents and to cooperate with other
officers of the city in the administration of the traffic laws and in developing ways and
means to improve traffic conditions and to carry out those duties specially imposed
upon the department by this chapter and any other traffic ordinances of this city.
(B)
Officers of the police department or such officers as are assigned by the chief of police
are hereby authorized to direct all traffic by voice, hand or signal in conformance with
traffic laws and ordinances; provided that, in the event of a fire or other emergency or
to expedite traffic or to safeguard pedestrians, officers of the police department may
direct traffic as conditions may require notwithstanding the provisions of the traffic
laws and ordinances.
(C)
Officers of the fire department, when at the scene of a fire or other emergency, may
direct or assist the police in directing traffic thereat or in the immediate vicinity.
§20-2-2. Emergency and Experimental Regulations.
(A)
The city council, by motion or resolution, is hereby empowered to make effective the
provisions of the traffic ordinances of this city and to make temporary or experimental
regulations to cover emergencies or special conditions. No such temporary or
experimental regulation shall remain in effect for more than ninety (90) days.
(B)
The city council may have traffic control devices tested under actual conditions of
traffic.
§20-2-3. Required Obedience to Traffic Chapter.
(A)
It is an offense against the city for any person to do any act forbidden or fail to
perform any act required in this chapter.
§20-2-4. Obedience to Police and Fire Department Officials.
(A)
No person shall willfully fail or refuse to comply with any lawful order or direction of
a police officer or fire department official.
§20-2-5. Persons Propelling Push Carts, Riding Animals, or Driving Animal-Drawn Vehicles
to Obey Traffic Regulations.
(A)
Every person propelling any push cart or riding an animal upon a roadway and every
person driving any animal-drawn vehicle, shall be subject to the provisions of this
chapter applicable to the driver of any vehicle, except those provisions of this chapter
which by their very nature can have no application.
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§20-2-6. Use of Coasters, Roller Skates and Similar Devices Restricted.
(A)
No person upon roller skates or riding in or by means of any coaster, toy vehicle or
similar device shall go upon any roadway except while crossing a street on a
crosswalk, and when so crossing, such person shall be granted all of the rights and
shall be subject to all of the duties applicable to pedestrians. This section shall not
apply upon any street while set aside as a play street as authorized by ordinance of this
city.
§20-2-7. Public Officers and Employees to Obey Traffic Regulations.
(A)
The provisions of this chapter shall apply to the driver of any vehicle owned by or
used in the service of the United States Government, any state, county, city or other
governmental unit or agency, as well as to other vehicles; and it is unlawful for any
such driver to violate any of the provisions of this chapter except as otherwise
permitted in this chapter or by state statute; provided that this chapter shall not apply
to the military forces of the United States and organizations of the National Guard
when performing any military duty.
§ 20-2-8. Persons working on streets; exceptions.
(A)
Unless specifically made applicable, the provisions of this chapter except those
relating to reckless driving and driving while intoxicated, shall not apply to persons,
teams, motor vehicles and other equipment while actually engaged in work upon the
surface of a street, or to persons, motor vehicles and other equipment while actually
engaged in construction, maintenance or repair of public utilities; provided that all
highway and public utility operations shall be protected by adequate warning signs,
signals, devices or flagmen; but the provisions of this chapter shall apply to such
persons and vehicles when traveling to or from such work.
§20-2-9. Maintenance and Construction Zones, etc.
(A)
City personnel or contractors, while repairing or improving the streets of the city, and
city personnel and utility companies when installing, improving or repairing lines or
other utility facilities in the streets are hereby authorized as necessary, subject to
control by the city council, to close any street or section thereof to traffic during such
repair, maintenance or construction; and in exercising such authority, shall erect or
cause to be erected proper control devices and barricades to warn and notify the public
that the street has been closed to traffic.
(B)
When any street has been closed to traffic under the provisions of subsection (a) and
traffic control devices or barricades have been erected, it is unlawful for any person to
drive any vehicle through, under, over or around such traffic control devices or
barricades or otherwise to enter the closed area; except that the provisions of this
subsection shall not apply to persons while engaged in such construction, maintenance
and repair, or to persons entering therein for the protection of lives or property;
provided that persons having their places of residence or places of business within the
closed area may travel, when possible to do so, through the area at their own r