PART 10 - OFFENSES AND CRIMES
Section 10-101 Attempts to commit an offense.
Section 10-102 Aiding in an offense.
Section 10-201 Petit larceny prohibited.
Section 10-202 Injuring automobiles and other vehicles.
Section 10-203 Destroying or injuring buildings and other property.
Section 10-204 Placing signs on property of another.
Section 10-205 Throwing or shooting at persons or property.
Section 10-206 Tampering with. or damaging public utilities.
Section 10-207 Unlawful intrusion upon land.
Section 10-208 Illegal entrance.
Section 10-209 Unlawful deposits.
Section 10-210 Trespass prohibited.
Section 10-211 Parking on property of another person or business.
Section 10-212 Improper use of driveways and parking areas.
Section 10-213 Interference with fire hydrants.
Section 10-214 Graffiti prohibited.
Section 10-301 Disturbing the peace.
Section 10-302 Public speaking or gatherings prohibited on streets or sidewalks, permits.
Section 10-303 Insulting signs, literature or language.
Section 10-304 Manufacture, sale, discharge of possession of fireworks prohibited.
Section 10-305 Storing or keeping explosives.
Section 10-306 Carrying weapons; exceptions.
Section 10-307 Sale or furnishing of weapons to minors.
Section 10-308 Discharging weapons; throwing missiles.
Section 10-309 Reckless conduct
Section 10-310 Loud noise or music, permit
Section 10-311 Interference with radio and television reception; prohibited.
Section 10-401 Public intoxication and drinking prohibited.
Section 10-402 Marijuana prohibited.
Section 10-403 Drug paraphernalia.
Section 10-404 Prostitution.
Section 10-405 Disorderly house.
Section 10-406 Nudity, improper dress, indecent exposure
Section 10-407 Definitions; material harmful to minors prohibited.
Section 10-408 Display of material harmful to minors prohibited.
Section 10-409 Vagrancy defined for certain activities.
Section 10-410 Curfew for minors.
Section 10-411 Sleeping on the streets, depots.
Section 10-412 Begging prohibited.
Section 10-413 Gambling prohibited.
Section 10-414 Being about a place where gambling is going on.
Section 10-415 Harmful deception.
Section 10-416 Defrauding hotels, restaurants.
Section 10-501 Assault and battery prohibited.
Section 10-601 Resisting a police officer
Section 10-602 Refusing or failing to assist a police officer
Section 10-603 Assault or battery upon police or other law officer
Section 10-604 Rescuing prisoners
Section 10-605 Escape of prisoners
Section 10-606 Assisting escape of prisoners
Section 10-607 Unlawful communication with prisoners
Section 10-608 Impersonating an officer or employee
Section 10-609 False alarms
Section 10-610 False representation to an officer
Section 10-611 Removal of barricades
Section 10-612 Resisting public officials
Section 10-613 Eluding police officer
Section 10-701 General penalties.
CHAPTER
1 - OFFENSES IN GENERAL
Section 10-101 Attempts to commit an offense.
Section 10-102 Aiding in an offense.
SECTION
10-101 ATTEMPTS TO
COMMIT AN OFFENSE.
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 attempted offense itself. (Prior Code, Chapter 14, as amended)
SECTION
10-102 AIDING IN AN
OFFENSE.
When no punishment for counseling or aiding in the commission of a particular offense is expressly prescribed by ordinance, every person who counsels or aids another in the commission of such is guilty of an offense, or misdemeanor, and punishable in the same manner as the principal offender. (Prior Code, Chapter 14, as amended)
CHAPTER
2 - OFFENSES AGAINST PROPERTY
Section 10-201 Petit larceny prohibited
Section 10-202 Injuring automobiles and other vehicles.
Section 10-203 Destroying or injuring buildings and other property.
Section 10-204 Placing signs on property of another.
Section 10-205 Throwing or shooting at persons or property.
Section 10-206 Tampering with or damaging public utilities.
Section 10-207 Unlawful intrusion upon land.
Section 10-208 Illegal entrance.
Section 10-209 Unlawful deposits.
Section 10-210 Trespass prohibited
Section 10-211 Parking on property of another or business.
Section 10-212 Improper use of driveways and parking areas.
Section 10-213 Interference with fire hydrants.
Section 10-214 Graffiti prohibited.
SECTION 10-201 PETIT LARCENY PROHIBITED.
A. Petit larceny is the taking of personal property of value not exceeding Fifty Dollars ($50.00) accomplished by fraud or stealth and with intent to deprive another thereof, but it does not include the taking of such property from the "person" of another.
B. Petit larceny is unlawful, and any person who commits larceny shall be guilty of a misdemeanor. (Prior Code, Chapter 14, as amended)
SECTION
10-202 INJURING
AUTOMOBILES AND OTHER VEHICLES.
A. It is unlawful for any person to start, otherwise meddle with, molest, enter, occupy, any automobile or other vehicle belonging to another, without the consent of the owner or person in charge thereof.
B. It is unlawful for any person to mutilate, deface or injure any automobile or other vehicle, or to remove therefrom any number, tag or mark indicating ownership or identity thereof. (Prior Code, Chapter 14, as amended)
SECTION 10-203 DESTROYING OR INJURING BUILDINGS AND OTHER PROPERTY.
A. It is unlawful for any person to purposely 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. It is unlawful to interfere wrongfully with the use of any such property by its owner or any other person entitled to its use.
B. It is unlawful for any person to loosen or remove any plank, board, block, brick, stone, stringer, support or other part from, or to injure or destroy, any sidewalk, crossing, bridge, culvert, viaduct, gate, sign or other property of another, without lawful authority. (Prior Code, Chapter 14, as amended)
State Law Reference: Damaging property of another, 21 O.S. Sections 1760 et seq.
SECTION
10-204 PLACING SIGNS ON
PROPERTY OF ANOTHER.
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. (Prior Code, Chapter 14, as amended)
SECTION 10-205 THROWING OR SHOOTING AT PERSONS OR PROPERTY.
It is unlawful for any person to throw or shoot any stone 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 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, of another person or of property. (Prior Code, Chapter 14, as amended)
SECTION 10-207 UNLAWFUL INTRUSION UPON LAND.
It is unlawful for any person to intrude or squat upon any lot or piece of land within the city without a license or authority from the owner thereof, or to erect or occupy thereon any hut, hovel, shanty or other structure without such license or authority, or to place, erect or occupy within the bounds of any street, alley or avenue of the city, any hut, shanty, hovel, or other structure without authority of law or ordinance. (Prior Code, Chapter 14, as amended)
SECTION 10-208 ILLEGAL ENTRANCE
A. It is illegal for any person to enter upon the property of another or into an area or structure on such property (whether such property, area or structure is public or private), when such entrance is plainly forbidden by signs or otherwise or when the property, area or structure is enclosed, except when such entrance is in line of duty, or with the expressed, or tacit consent of the owner or person in charge, or otherwise by authority of law or ordinance.
B. It shall be unlawful for any person without lawful reason to trespass upon or loiter on or about the premises of any public or private school. (Prior Code, Chapter 14, as amended; Ord No. 1315, 9/10/91)
SECTION 10-209 UNLAWFUL DEPOSITS.
A. No person may deposit, or cause to be deposited, in any street or alley, any filth, garbage, ashes, rubbish, sweepings, paper, trash, leaves or any other waste materials, junk, auto parts, ice boxes, refrigerators, boxes, appliances, nor may any of the foregoing materials, other than ashes, soil, leaves, refuse from building materials, such as plaster, brick, and the like, or other suitable materials, be placed or dumped on any lot within the city. It is unlawful to place upon the sidewalks, alleys or streets any sweepings or trash from stores or other buildings, or any leaves, yard cleanings, debris from pruning or other refuse materials, except that materials designated by the city manager may be used for filling in places designated by him.
B. No person as owner or occupant of any premises in the city shall permit such premises to have any of the items prohibited in Subsection A of this section thereon. (Prior Code, Chapter 14, as amended)
Cross Reference: Littering, Part 8 of this code, on streets and sidewalks; deposit of trash in lakes or reservoirs. Part 11 of this code; discharge of garbage into sewers. Part 17 of this code.
SECTION 10-210 TRESPASS PROHIBITED.
A. For the purpose of this section, the following terms shall be defined as follows:
1. "Public property" means that property which is dedicated to public use and over which the federal, state or municipal government or any subdivision thereof exercises control;
2. "Private property" means any property other than public property; and
3. "Trespass" means each and every actual entry upon the premises of an owner or other person in lawful possession of the premises without the express or the implied consent of the owner or other person in lawful possession. Trespass shall also mean remaining upon the premises of an owner or other person in lawful possession after having been told to leave the premises by the owner, or the agent, or employee of the owner, or other person in lawful possession of the premises. Trespass shall also be defined as the act of remaining on private property an any time other than during posted hours of business operation after having been directed to vacate such premises be a police officer; provided that the provisions of this sentence shall not apply to persons, including employees, whose presence upon such premises is authorized by the owner or by a person in lawful possession of such premises; nor shall the provisions of this sentence apply unless hours of business operations are posted upon such premises. Trespass shall also be defined as the act of returning to private property before the posted time of opening for business operation on the next business day after having been directed to vacate such premises under the terms of this subsection.
B. It is unlawful for any person to trespass on private property. (Prior Code, Chapter14, as amended)
SECTION 10-211 PARKING ON PROPERTY OF ANOTHER PERSON OR BUSINESS
It is unlawful for any person to park an automobile or other vehicle, or to place any structure or object on the driveway, parking area, yard, or any portion of the premises or property of another person or business, including but not limited to any restaurant, gasoline/filling station or other business, when the business is not open to the public for business without the expressed or tacit consent of the owner or person in charge thereof, or when necessary in the performance of a duty, or otherwise by authority of law or ordinance. (Prior Code, Chapter 14, as amended)
Cross Reference: Parking regulations, Sections 15-701 et seq.
SECTION 10-212 IMPROPER USE OF DRIVEWAYS AND PARKING AREAS.
It is unlawful for any person to drive a motor vehicle onto the premises, driveway, or parking area of any place of business without purchasing or attempting to purchase or obtain service or merchandise thereat It shall be considered a violation of this section to drive onto the premises without stopping and requesting services or attempting to purchase merchandise; provided nothing herein shall prohibit deliveries of material or merchandise to the premises.
SECTION 10-213 INTERFERENCE WITH FIRE HYDRANTS.
A. It is unlawful for any person except one duly authorized by the city water superintendent or a member of the fire department to open, turn on or off, interfere with, attach any pipe or hose to, or connect anything with, any fire hydrant belonging to the city.
B. It is unlawful for any person to obstruct free access to any fire hydrant in the city. The obstructions prohibited in this section include but are not limited to those caused by placement of boxes, cartons, or other containers, or brick, lumber or dirt, near or around such hydrants, or the growth of grass, weeds or plants near the fire hydrants. (Prior Code, Chapter 14, as amended)
Cross Reference: Fire department and services. Sections 13-201 et seq.
SECTION 10-214 GRAFFITI PROHIBITED.
A. For the purpose of this section, the following words, terms and phrases shall have the meanings indicated:
1. "Advertising" means any letter, word, name, number, symbol, slogan, message, drawing, picture, writing or other mark of any kind lawfully placed on property by an owner or occupant of the property or an agent of such owner or occupant, for the purpose of promoting products or services or conveying information to the public;
2. "Applies graffiti", "apply graffiti" or "applying graffiti" means the act of drawing, painting, chiseling, scratching or etching graffiti on public or private property within the city;
3. "Graffiti" means, without limitation, any letter, word, name, number, symbol, slogan, message, drawing, picture, writing or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched or etched on a rock, tree, wall, bridge, fence, gate, building or other structure; provided, however, that this definition shall not include advertising or any other letter, word, name, number, symbol, slogan, message, drawing, picture, writing or other mark of any kind lawfully placed on property by an owner of the property, an occupant of the property, or by an authorized agent for such owner or occupant;
4. "Occupant: means any person shown by the records of the county clerk's office as a tenant of property, or any person in actual physical possession of property;
5. "Owner" means any person shown by the records of the county clerk's office as the owner of a fee simple interest in property.
B. The council hereby declares that graffiti on public or private property within the city constitutes a public nuisance to the detriment of the city and its inhabitants and visitors. The provisions for prevention of such public nuisance are set forth in this section.
C. No person shall apply graffiti to public or private property within the city.
D. Any person who applies graffiti to public or private property within the city shall be deemed guilty of an offense. Each act of applying graffiti shall constitute a separate offense. Any person convicted of the offense of applying graffiti to public or private property within the city shall be punished by a fine of not to exceed One Hundred Dollars ($100.00) for the first offense, or Two Hundred Dollars ($200.00) or imprisonment not to exceed thirty (30) days, or both fine and imprisonment, for a second or subsequent offense.
E. The provisions of this section shall be enforced by the police department (Ord. No. 1390, 3/12/96)
CHAPTER 3 - OFFENSES AGAINST THE PUBLIC
Section 10-301 Disturbing the peace.
Section 10-302 Public speaking or gatherings prohibited on streets or sidewalks, permits.
Section 10-303 Insulting signs, literature or language.
Section 10-304 Manufacture, sale, discharge or possession of fireworks prohibited.
Section 10-305 Storing or keeping explosives.
Section 10-306 Carrying weapons; exceptions.
Section 10-307 Sale or furnishing of weapons to minors.
Section 10-308 Discharging weapons; throwing missiles.
Section 10-309 Reckless conduct.
Section 10-310 Loud noise or music, permit.
Section 10-311 Interference with radio and television reception; prohibited.
SECTION
10-301 DISTURBING THE PEACE.
A. It is unlawful to disturb or alarm the peace of another or others by doing any of the acts set out in Subsection B of this section.
B. Disturbing the peace is the doing of any of the following in such a manner as would foreseeably alarm or disturb the peace of another or others:
1. Using obscene, offensive, abusive, profane, vulgar, threatening, violent or insulting language or conduct;
2. Appearing in an intoxicated condition;
3. Engaging in a fistic encounter;
4. Lewdly exposing one's person, or private parts thereof, in any public place or in any place where there are present other persons to be offended or annoyed thereby;
5. Pointing any pistol or any other deadly weapon whether loaded or not at any other person or persons either in anger or otherwise;
6. Holding an unlawful assembly of two (2) or more persons, including being assembled together and acting in concert, to do any unlawful act against the peace or to the terror of others or preparing for or moving toward such acts, or otherwise assembling unlawfully or riotously;
7. Interrupting any lawful assembly of people by making noise, by rude, indecent or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of assembly or within hearing distance thereof;
8. Making unnecessarily loud, offensive noises;
9. Disturbing any congregation or assembly of persons meeting for religious worship by making noise, by rude, indecent or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of worship or within hearing distance thereof; or
10. Committing any other act in such a manner as to unreasonably disturb or alarm the public. (Prior Code, Chapter 14, as amended)
SECTION
10-302 PUBLIC SPEAKING
OR GATHERINGS PROHIBITED ON
STREETS OR SIDEWALKS, PERMITS.
It is unlawful for any person to hold or attempt to hold, or to conduct or attempt to conduct, or to aid or abet in holding or conducting, any public speaking, meeting or gathering of any kind whatsoever upon any street within the city or upon the parking or sidewalks adjacent thereto, except pursuant to a permit issued by the city. (Prior Code, Chapter 14, as amended)
SECTION 10-303 INSULTING SIGNS, LITERATURE OR LANGUAGE.
A. It is unlawful for any person, firm or corporation within the city 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.
B. It is unlawful for any person to willfully use, utter, publish, circulate or distribute any profane, violent, abusive, or insulting language or literature where:
1. A natural consequence of the language or literature is to cause a breach of the peace or an assault; or
2. The language or literature, in its common acceptance, is calculated to cause a breach of the peace or an assault. (Prior Code, Chapter 14, as amended)
SECTION
10-304 MANUFACTURE,
SALE, DISCHARGE OR POSSESSION OF
A. It is unlawful and an offense against the city for any person to store, to offer for sale, expose for sale, sell at retail or wholesale, possess or use, explode or discharge any pop bottle rocket, roman candle or any other type of fireworks within the city limits except as hereinafter provided.
B. The fire chief may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by associations, amusement parks, and other organizations or group of individuals. Such permits may be granted upon application to the fire chief and the filing of a bond by the applicant as provided herein. Every such display shall be handled by a competent and experienced operator approved by the fire chief and shall be of such composition, character, and so located, discharged or fired as in the opinion of the fire chief, after proper inspection, shall not be hazardous to property or endanger any person or persons.
C. Application for permits shall be made in writing at least thirty (30) days in advance of the date of the display. After such privilege has been granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
D. The sale, possession, use and distribution of fireworks for display purposes shall be conducted so as to be reasonably safe to persons and property. Evidence that the sale, possession, use and distribution of fireworks for display purposes has been conducted in accordance with the applicable standard specified for this section shall be evidence that such sale, possession, use and distribution of fireworks for display purposes provided reasonable safety to persons and property.
E. The fire chief shall require a bond from the permittee in a sum not less than One Thousand Dollars ($1,000.00) conditioned on compliance with the provisions of this code.
F. Before any permit for a pyrotechnic display shall be issued, the person, firm, or corporation making application therefore shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any fact or omission on the part of such person, firm, or corporation or any agent or employee thereof, in such amount, character, and form as the fire chief determines to be necessary for the protection of the public.
G. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.
H. The fire chief shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of this section.
I. For the purpose of this section, "fireworks" shall be as defined in state law, Section 1622 of Title 68 of the Oklahoma Statutes. (Prior Code, Sec. 13-208)
SECTION
10-305 STORING OR
KEEPING EXPLOSIVES.
It is unlawful for any person to store or keep within the city any nitroglycerin, dynamite, gunpowder, or any other highly explosive material or substance, except that gunpowder or black powder may be kept in quantities of not to exceed five (5) pounds where the same is securely kept. (Prior Code, Chapter 14, as amended)
SECTION
10-306 CARRYING
WEAPONS; EXCEPTIONS.
A. It is unlawful for any person, except those persons authorized by law, to carry concealed upon or about his person any pistol, revolver, or firearm or any weapon of the kind usually known as air pistol or air gun, or weapon of the kind usually known as slingshot, bowie knife, dirk knife, switchblade knife, spring-type knife, knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, except as may be otherwise authorized by state law.
B. Notwithstanding the provisions of Subsection A of this section, persons shall be permitted to carry within the city shotguns, rifles or air guns which are not concealed, if unloaded, if within a reasonable time they are carried from the city, or being carried for the purpose of having them repaired, or for the purpose of using the same in a public muster or military drills, or for any other purpose as may be authorized by state law or city ordinance. (Prior Code, Chapter 14, as amended)
State Law Reference; State firearms act, 21 O.S. Sections 1289.1 et seq.; Similar Provisions, 21 O.S. Section 1272; authority of city to prohibit carrying of weapons, 11 O.S. Section 22-110
SECTION
10-307 SALE OR
FURNISHING OF WEAPONS TO MINORS.
It is unlawful for any person within the city to sell or give to any minor any of the arms or weapons designated in Section 10-306 of this code, in accordance with applicable state law. (Prior Code, Chapter 14, as amended)
Cross Reference: Pawnbrokers and secondhand dealers not to sell weapons to minors, Section 9-508.
SECTION
10-308 DISCHARGING
WEAPONS; THROWING MISSILES.
A. It is unlawful for any person to discharge any species of firearms, air pistol, air-gun, slingshot, or discharge a hand grenade, bomb or similar device, or other weapon, or throw any missile within the city, except when necessary for the protection of life or property or as authorized by the city or state law.
B. The prohibition of Subsection A above shall not apply to a licensed shooting gallery, or in common grounds or premises under circumstances which such instrument can be fired, discharged or operated in such a manner as to not endanger persons or property, and also in such a manner as to prevent the projectile from transversing any ground or space outside the limits of such gallery, grounds, or residence. Nothing herein contained shall be in derogation of the laws of the state as they now exist or as they may be hereinafter amended. ( Prior Code, Chapter 14, as amended; Ord. No. 1248, 10/22/85)
State Law Reference: Discharging firearms or air rifles in public places, 21 O.S. Section 1364; authority of city to prohibit discharge of firearms, 11 O.S. Section 22- 110.
SECTION 10-309 RECKLESS CONDUCT.
It is unlawful for any person to engage in reckless conduct while having in his possession any shotgun, rifle or pistol, such actions consisting of creating a situation of unreasonable risk and probability of death or great bodily harm to another, and demonstrating a conscious disregard for the safety of another person. (Prior Code, Chapter 14, as amended)
SECTION
10-310 LOUD NOISE OR
MUSIC, PERMIT.
It is unlawful and an offense against the city for any person, firm or corporation, either as principal, agent or employee, to play, use or operate for advertising purposes, or for any other purpose whatsoever, except fixed installations in churches, consisting of church chimes, on, above or upon the public streets, alleys or thoroughfares in the city, any device known as a sound truck, loud speaker or sound amplifier, radio or phonograph with a loud speaker or sound amplifier or any instrument known as a calliope or any other instrument of any kind or character which emits therefrom any unreasonable loud and raucous noises and is attached to, In, above and upon any buildings, or vehicle operated or standing upon the streets or public places without first having procured from the chief of police of the city a written permit. The chief of police in granting his written permit to any person, firm or corporation, shall be controlled, and take into consideration the period of time, place, use and purpose, volume of sound, the comfort, safety, convenience, quietude and tranquility of the residents of the city. (Prior Code, Sec. 14-43)
SECTION 10-311 INTERFERENCE WITH RADIO AND TELEVISION RECEPTION; PROHIBITED.
A. It is unlawful for any person, firm or corporation knowingly or wantonly to operate or cause to be operated any machine, device, apparatus, or instrument of any kind whatsoever within the corporate limits of the city, the operation of which shall cause reasonably preventable electrical interference with radio or television reception within the limits of the city. X-ray pictures, examination or treatments may be made at any time if the machine or apparatus used therefore is properly equipped to avoid all unnecessary or reasonably preventable interference with radio and television receptions and is not negligently operated.
B. This section shall not be held or construed to embrace or cover the regulation of any transmitting, broadcasting or receiving instrument, apparatus or device which is licensed or authorized by or under the provisions of any act of the Congress of the United States. (Prior Code, Sec. 14-59)
CHAPTER 4 - OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS
Section 10-401 Public intoxication and drinking prohibited.
Section 10-402 Marijuana prohibited.
Section 10-403 Drug paraphernalia.
Section 10-404 Prostitution.
Section 10-405 Disorderly house.
Section 10-406 Nudity, improper dress, indecent exposure.
Section 10-407 Definitions; material harmful to minors.
Section 10-408 Display of material harmful to minors prohibited.
Section 10-409 Vagrancy defined for certain activities.
Section 10-410 Curfew for minors.
Section 10-411 Sleeping on the streets, depots.
Section 10-412 Begging prohibited.
Section 10-413 Gambling prohibited.
Section 10-414 Being about place where gambling is going on.
Section 10-415 Harmful deception.
Section 10-416 Defrauding hotels, restaurants.
SECTION 10-401 PUBLIC INTOXICATION AND DRINKING PROHIBITED.
A. It is unlawful for any person to appear or be upon or in any street, alley, or other public place in the city in a state of intoxication. It is unlawful for any person to drink intoxicating liquor or non-intoxicating beverage upon or in any street, alley, or other public place or in any public building within the city. It is unlawful to use, sell or furnish to another any illegal drug or narcotic in any place in the city except as legally prescribed by a physician.
B. For the purposes of this code, a state of intoxication means the condition in which a person is under the influence of any intoxicating, spirituous, vinous or malt liquors, or non-intoxicating beverage or of any narcotic, to such extent as to deprive the person of his or her full physical or mental power. (Prior Code, Chapter 14, as amended)
Cross Reference; Drinking in public, Sections 3-133, 3-211.
SECTION 10-402 MARIJUANA..PROHIBITED
A. It is unlawful for any person:
1. To appear or be upon or in any street, alley, place of business, or other public place while under the influence of marijuana;
2. To use, have, or possess marijuana upon or in any street, alley, place of business, or other public place within the city;
3. To use marijuana in any place within the city except as legally prescribed by a physician licensed to practice in the state; or
4. To loiter about a place where marijuana is sold or furnished illegally.
B. For the purpose of this section, "marijuana" means all parts of the plant cannabis sativa L., whether growing or not; the-seeds thereof; the rosin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or rosin but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the derivative, mixture or preparation of such mature stalks (except rosin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. (Prior Code, Chapter 14, as amended)
State Law Reference; Controlled Dangerous Substances Act, 63 O.S. Sections 2-101 et seq.
SECTION 10-403 DRUG PARAPHERNALIA.
A. For the purpose of this section, "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the state Uniform Controlled Dangerous Substances Act, Sections 2-101 et seq. of Title 63 of the Oklahoma Statutes, hereinafter referred to as "the act", and adopted by reference herein. It includes, but is not limited to:
1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
3. Isomerizatlon devices used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
4. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
6. Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
9. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
11. Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and
12. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips: meaning objects used to hold burning materials, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
f. Miniature cocaine spoons, and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs; or
m. Ice pipes or chiller.
B. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
3. The proximity of the object, in time and space, to a direct violation of the act;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intended to use the object to facilitate a violation of the act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the act shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Whether the owner, or anyone in control of the object, !o a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the community; and
14. Expert testimony concerning its use.
C. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the act.
D. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the act.
E. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. (Prior Code, Chapter 14, as amended)
State Law Reference: Similar provisions, 63 O.S. Sections 2-101.1
SECTION 10-404 PROSTITUTION.
A. It is unlawful for any person to:
1. Be a prostitute;
2. Solicit, entice, or procure another to commit or engage in any act of prostitution;
3. Engage in any act of prostitution;
4. Knowingly let premises for purposes of prostitution;
5. Conduct a business or premises for prostitution;
6. Accept or receive the proceeds of any act of prostitution; or
7. Be a party to an act of prostitution.
B. For the purposes of this section:
1. Prostitution is the giving of the body for sexual intercourse or sodomy for hire or money;
2. Soliciting for prostitutes is the soliciting, inviting, inducing, directing, or transporting of a person to any place with the intention of promoting prostitution; and
3. Letting premises for prostitution is the granting of the right of use or the leasing of any premises, knowing that they are to be used for the practice of prostitution, or allowing the continued use of the premises with that knowledge. (Prior Code, Chapter 14, as amended)
SECTION 10-405 DISORDERLY HOUSE.
A. A disorderly house means any structure or vehicle by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to any of the following acts:
1. The sale, distribution, possession or use of any controlled dangerous substance, the sale, distribution, possession or use of which is declared unlawful by state statute;
2. The violation of any of the ordinances of this city or statutes of this state regulating the sale, distribution, possession or use of alcoholic beverages including beer containing more than one-half of one percent (.5%) alcohol by volume;
3. The performance of any sexual act declared unlawful by state statute or city ordinance including, but not limited to, soliciting for purposes of prostitution; or
4. The violation of any state statute or city ordinance prohibiting gambling.
B. No person shall keep or maintain, or aid, abet or assist in keeping and maintaining a disorderly house.
C. No owner, lessee, lessor, or other person, partnership or corporation having control over any house, building, structure, tent, vehicle, mobile home, or recreational vehicle shall knowingly use, lease, sub-lease or otherwise permit the use of same for the purpose of keeping therein any disorderly house, and knowing or ascertaining that such house, building, structure, tent, vehicle, mobile home, or recreational vehicle is so occupied as a disorderly house, no persons, partnership or corporation shall continue to grant permission to so use such premises as a disorderly house.
D. No person shall knowingly reside in, enter into, or remain in a disorderly house. In any prosecution for violation of this section, the city shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence. This section shall not apply to physicians or officers in the discharge of their professional or official duties. (Prior Code, Chapter 14, as amended)
State Law Reference: Municipal power to regulate disorderly houses and indecencies, 11 O.S. Section 22-109.
SECTION 10-406 NUDITY. IMPROPER DRESS. INDECENT EXPOSURE.
It is unlawful for any person to:
1. Appear in any public place in the city in a state of nudity;
2. Appear in any public place in the city in any offensive, indecent or lewd dress; or
3. Make an indecent public exposure of his or her person. (Prior Code, Chapter 14, as amended)
State Law Reference: Similar provisions, 21 O.S. Section 1021.
SECTION 10-407 DEFINITIONS; MATERIAL HARMFUL TO MINORS.
The following terms when used in the chapter shall have the meanings respectively ascribed to them in this section:
1. "A reasonable bona fide attempt" means an attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor;
2. "Harmful to minors" means that quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics:
a. The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;
b. The average adult person applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
c. The material or performance lacks serious literary, scientific, artistic, or political value for minors;
a. The character and content of any material or performance which is reasonably susceptible of examination by the defendant; and
b. The age of the minor; however, an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor,
SECTION 10-408 DISPLAY OF MATERIAL HARMFUL TO MINORS PROHIBITED.
It is unlawful for any person to knowingly:
1. Display material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material A person shall be deemed not to have displayed material harmful to minors if the material is kept behind devices commonly known as blinder racks so that the lower two-thirds (2/3) of the material is not exposed to view;
2. Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors;
3. Present to a minor or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor; or
4. It shall be an affirmative defense to any prosecution under this chapter that: The material or performance involved was displayed, presented or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency, quasi-governmental agency and persons acting in their capacity as employees or agents of such persons or organizations and which institution displays, presents or disseminates such material or performance for a bona fide governmental, educational or scientific purpose. (Ord. No. 1252, 7/8/86)
SECTION 10-409 VAGRANCY DEFINED FOR CERTAIN ACTIVITIES.
It is unlawful to be a vagrant in the limits of the city. For the purposes of this section, a vagrant means any person who loiters or remains in or wanders about, a public or private place for any of the following purposes:
1. For the purpose of gambling with cards, dice or other gambling paraphernalia;
2. For the purpose of engaging in prostitution or soliciting prostitution or soliciting for an act of lewdness;
3. For the purpose of engaging in theft, or breaking and entering any building, property or automobile of another;
4. For the purpose of injuring, destroying, molesting or defacing any property of another;
5. For the purpose of assaulting any person;
6. For the purpose of begging or soliciting alms, provided that this section shall not apply to persons soliciting alms for bona fide religious, charitable or eleemosynary organizations with the authorization of such organizations; or
7. For the purpose of selling, purchasing, trading or otherwise exchanging, procuring or making available illegal drugs or contraband. (Prior Code, Chapter 14, as amended)
State Law Reference: Power to regulate vagrancy, 11 O.S. Section 22-123.
SECTION 10-410 CURFEW FOR MINORS.
A. The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1. "Curfew hours" means:
a. 12:01 AM. until 6:00 AM. on any Monday, Tuesday, Wednesday, Thursday or Friday; and
b. 1:00 A.M. until 6:00 AM. on any Saturday or Sunday,
2. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life;
3. "Establishment" means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment;
4. "Guardian" means:
a. A person who, under court order, is the guardian of the person of a juvenile; or
b. A public or private agency with whom a juvenile has been placed by a court;
5. "Juvenile" means any person under eighteen (18) years of age;
6. "Knowingly permit" means the parent, other responsible adult or operator as defined herein is aware of the fact the juvenile is in violation of the curfew hours or that the person by exercise of reasonable care would have known that the juvenile is in violation of the curfew hours;
7. "Operator" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment The term includes the members or partners of an association or partnership and the officers of a corporation;
8. "Parent" means a person who is a natural parent, adoptive parent, or step-parent, or step-parent of another person;
9. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and retail establishments;
10. "Remain" means to:
a. Linger or stay; or
b. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises;
11. "Responsible adult" means any person having, assuming or charged with permanent or temporary care or custody of a juvenile, including, but not limited to:
a. Any legal guardian or adult exercising legal guardianship over a juvenile;
b. An adult who stands in loco parentis to a juvenile;
c. Any person to whom legal custody of a juvenile has been given by order of a court;
d. Any adult who has, assumes or is charged with the care or custody of a juvenile at the request of or on behalf of a parent, guardian, loco parentis or person to whom legal custody has been given by order of a court; and
e. Any adult who has, assumes or is charged with the care or custody of a juvenile at the requests of or on behalf of another person.
B. The following are offenses against the city:
1. A juvenile commits an offense if he remains in any public place or on the premises of any establishment within the corporate city limits of the city during curfew hours; or
2. A parent or other responsible adult of a juvenile commits an offense if:
a. He knowingly permits or allows the juvenile to remain in any public place or on the premises of any establishment within the corporate city limits of the city during curfew hours; or
b. The owner, operator, or any employee of an establishment commits an offense if he knowingly permits or allows a juvenile to remain upon the premises of the establishment during curfew hours.
C. The following defenses are provided:
1. It is a defense to prosecution under Subsection B above that the juvenile was at the time in question:
a. Accompanied by the juvenile's parent or responsible adult;
b. On an errand at the direction of the juvenile's parent or responsible adult, without any detour or stop;
c. In a motor vehicle involved in interstate travel;
d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
e. Involved in an emergency;
f. On the sidewalk abutting the juvenile's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the juven