CHAPTER 14:  OFFENSES
Article 1:  General Offenses
   14-1.   Offenses; penalty procedure
   14-2   Attempting to commit an offense
   14-3.   Aiding in an offense
Article 2:  Offenses Against Decency, Morality and Public Policy
   14-15.   Giving testimony
   14-16.   Slot machines
   14-17.   Short weights or measures
   14-18.   Obtaining money and the like through fraud
   14-19.   Worthless checks
   14-20.   Houses of ill fame; prostitution
   14-21.   Public decency
   14-22.   Arrest by police officers
   14-23.   Intoxicating beverages
   14-24.   Possession and the like of certain drugs
   14-25.   Curfew
Article 3:  Offense Against Peace
   14-40.   Disturbing the peace
   14-41.   Prize fights
   14-42.   Fighting prohibited
   14-43.   Disturbing lawful assemblies
   14-44.   Disturbing religious assemblies
   14-45.   Fighting; unlawful assembly
   14-46.   Discharging firearms
   14-47.   Turkey shoot; target shooting
   14-48.   Carrying concealed weapons
   14-49.   Assault and battery
   14-50.   Defacing buildings
   14-51.   Littering
   14-52.   Destroying property
   14-53.   Tampering with water meters
   14-54.   Unlawful entry
   14-55.   Petit larceny
   14-56.   Buying from minors
   14-57.   Injuring trees
   14-58.   Removing markers
   14-59.   Camping in parks; permission required
   14-60.   Trespassing
Article 4:  Offenses Against Public Authority
   14-70.   Resisting or impersonating an officer
   14-71.   Resisting arrest; escape from custody
   14-72.   Refusal to assist officers
   14-73.   Officer failure
   14-74.   Breaking locks on jails
Article 5:  Offenses Committed by Juveniles
   14-85.   Procedures for release
   14-86.   Review of applicable procedures
Article 6:  Loud Noises
   14-100.   Purpose
   14-101.   Scope
   14-102.   Unnecessary noise prohibited
   14-103.   Noise enumerated
   14-104.   Loud noises from vehicles
Article 7:  Prevention of Youth Access to Tobacco
   14-115.   Definitions
   14-116.   Furnishing or sale of tobacco products to minors
   14-117.   Receipt of tobacco products by minors
   14-118.   Distribution of tobacco product samples
   14-119.   Sale of tobacco products except in original sealed package
   14-120.   Restrictions on manner of enforcement
   14-150.   Penalty
ARTICLE 1:  GENERAL OFFENSES
§ 14-1  OFFENSES; PENALTY PROCEDURE.
   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 as provided in § 12-34 of this code.  Each day upon which a violation continues shall constitute a separate offense.
(`90 Code, § 14-1)  (Ord. 2823, passed - -)
§ 14-2  ATTEMPTS TO COMMIT AN OFFENSE.
   Every person who attempts to commit an offense against the ordinances of the city, and in an 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.
(`90 Code, § 14-2)
§ 14-3  AIDING IN AN OFFENSE.
   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.
(21 O.S. § 28)  (`90 Code, § 14-3)
ARTICLE 2:  OFFENSES AGAINST DECENCY, MORALITY AND PUBLIC POLICY
§ 14-15 GIVING TESTIMONY.
   No person shall be excused from giving any testimony or evidence upon any investigation or prosecution for violation of this article upon the ground that the testimony would tend to convict him or her of a crime, but the testimony or evidence shall not be received against him or her upon any criminal investigation or prosecution, except in prosecution against him or her for perjury committed in giving testimony.  The article providing for an inquiry into violations of the liquor laws shall be applicable to inquiries into violations of the ordinances against gambling.
(`90 Code, § 14-8)
§ 14-16 SLOT MACHINES.
   Any person owning, controlling, operating, causing or allowing to be operated any slot machine for gain in any room or in any other place in the city, shall be guilty of an offense.
(`90 Code, § 14-9)
§ 14-17 SHORT WEIGHTS OR MEASURES.
   It shall be unlawful for any person within the corporate limits of the city to knowingly sell any commodity or article of merchandise and make or give a false or short weight or measure therefor; or obtain money or other thing of value, under the value of $20, by misrepresentation or under false pretenses or for any person or persons owning or keeping or having in charge any scales or steelyards used in weighing live stock, hay, grain, coal or any other article to knowingly and wilfully report any false or untrue weight whereby another person shall be defrauded or injured.
(`90 Code, § 14-10)
§ 14-18  OBTAINING MONEY AND THE LIKE THROUGH FRAUD.
   It shall be unlawful for any person to obtain or attempt to obtain, with intent to cheat and defraud, from any person, firm or corporation, any money, property or valuable thing, by use of any trick or deception, or false or fraudulent representation or statement or pretense, or by any other means or instrument commonly called “the confidential game,” by means or use of false or bogus checks or by any other written or printed order, engraved instrument or spurious coin.
(21 O.S. § 1541.1)  (`90 Code, § 14-11)
§ 14-19  WORTHLESS CHECKS.
   (A)   It shall be unlawful and an offense for any person, firm or corporation to obtain from any person, firm or corporation any money or property or labor or service or other thing of value or credit on an account or credit on any other obligation by means or use of a worthless check, either as the maker or endorser thereof. 
(`90 Code, § 14-12)
   (B)   The term “worthless check,” as used herein, is defined as any written, printed or engraved check, draft or other negotiable instrument payable to bearer or to the order of any person, firm or corporation named thereon, which check, draft or other negotiable instrument has been dishonored by the drawee named thereon because of insufficient funds on deposit by maker with the drawee or because of the maker having no account with the drawee. 
(`90 Code, § 14-13)
   (C)   The making, drawing, uttering or delivering of a worthless check shall be prima facie evidence of intent to defraud and of the knowledge that maker has insufficient funds or no account (as the case may be) with the drawee named in the worthless check.  The maker shall not have paid the drawee thereof the amount due thereon, together with the protest fees, within five days from the date the same is presented for payment, and provided, further, that the worthless check is first presented to the drawee for payment within 30 days after date of the worthless check as shown on the face thereof. 
(`90 Code, § 14-14)
   (D)   Any endorser of a worthless check who obtains thereby money, property, labor, services or other things of value or credit on an account or credit on any other obligation shall be deemed guilty of uttering a worthless check within the meaning of this article, provided that the endorser shall not have paid the holder the amount due thereon within three days after written or personal notification by the holder that the worthless check has been dishonored by the drawee named thereon and provided, further, that the worthless check is first presented to the drawee for payment within 30 days after the date of the worthless check as shown on the face thereof. 
(`90 Code, § 14-15)
§ 14-20  HOUSES OF ILL FAME; PROSTITUTION.
   (A)   It shall be unlawful for any person to keep within the city a bawdy house or house of ill fame or assignation house and for the purpose of suppressing any house mentioned in this section or arresting the keeper or inmates thereof or person found therein, the Chief of Police and police officers of the city are hereby authorized to enter, at any, time of the day or night, any house or room within the city consorting with or in the company of any prostitute or being a bawdy house, house of prostitution or assignation or any house, room or building the inmates of which are at the time disorderly. 
(`90 Code, § 14-16)
   (B)   Every person appearing or acting as master or mistress or having the care, use or management, for any time, of any house, room or building mentioned in the above section shall be deemed a keeper thereof, within the meaning and intent of the section. 
(`90 Code, § 14-17)
   (C)   It shall be unlawful for any person, male or female, to be an inmate of or boarder or lodger in any house or room of prostitution or assignation in this city, or for any person to frequent or visit any house or room for any lewd, licentious, obscene or indecent purpose whatever. 
(`90 Code, § 14-19)
   (D)   It shall be unlawful for any person to keel, maintain or harbor, in this city, any prostitute, knowing her to be such or generally reported in the neighborhood to be a prostitute. 
(`90 Code, § 14-20)
   (E)   It shall be unlawful for any person within the city to keep or use any house or other building or any room within any building or any booth, tent or carriage for any lewd, lascivious, indecent or immoral purpose or purposes whatever. 
(`90 Code, § 14-21)
§ 14-21  PUBLIC DECENCY.
   Every person who willfully and wrongfully commits any act which grossly injures the person or property of another, which grossly disturbs the public peace or health, which openly outrages public decency and is injurious to public morals, is guilty of a misdemeanor.
(`90 Code, § 14-24)  (Ord. 2966, passed 10-6-92)
§ 14-22  ARREST BY POLICE OFFICERS.
   The police officers of the city shall have the right to make arrests for offenses as now provided by the laws of the state, as amended from time to time.
(`90 Code, § 14-25)
§ 14-23  INTOXICATING BEVERAGES.
   (A)   It is unlawful for any person to manufacture, barter, sell, give away or otherwise furnish to another, any intoxicating liquor or beverage of any kind, except as permitted by law. 
(`90 Code, § 14-33)
   (B)   It is unlawful for any person to have in his or her possession or under his or her 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 intoxicating liquor or beverage, except as permitted by law. 
(`90 Code, § 14-34)
   (C)   It is unlawful for any person or any agent or employee thereof, to keep, maintain or aid or abet in keeping or maintaining, a place where intoxicating liquor is manufactured, sold, bartered, given away or otherwise furnished in violation of law or the ordinances of the city. 
(`90 Code, § 14-36)
   (D)   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. 
(`90 Code, § 14-37)
   (E)   (1)   All beverages containing more than 3.2% alcohol by weight and all mixed beverage coolers, as defined in 37 O.S. § 506, regardless of percent of alcoholic content, are hereby declared to be INTOXICATING.  All beverages containing more than 0.5% alcohol by volume and not more than 3.2% alcohol by weight are hereby declared to be LOW-POINT BEER.  Wherever the term NON-INTOXICATING BEVERAGE  or  NONINTOXICATING MALT BEVERAGE appears in this chapter, such term shall be construed to mean low-point beer. The manufacture, distribution, and sale of low- point beer, including but not limited to beer or cereal malt beverages are hereby declared subject to the provisions of 37 O.S. §§ 163.1 et seq.
      (2)   It shall be unlawful for any person under the age of 21 years of age to have possession of any nonintoxicating beverage while the person is upon any public street, road or highway, or in any public building or place. 
(`90 Code, § 14-37.1)
(Ord. 2978, passed 10-19-93)
Statutory reference:
   Rights of detained or confined intoxicated persons, see 43A O.S. §§ 5-201 et seq.
   Emergency detention and protective custody of intoxicated persons, see 43A O.S. §§ 5-206 et seq.
   Assistance to an intoxicated person in a public place, see 43A O.S. § 3-428
§ 14-24  POSSESSION AND THE LIKE OF CERTAIN DRUGS.
   (A)   (1)   It shall be unlawful for any person, firm or corporation to have possession of or control of or to sell, furnish or give away any LSD, marijuana, cocaine, alpha or beta eucaine, opium, morphine, codeine, heroin, any salt or compound of any of the substances or their salts or compound, except upon the original written order or prescription of a lawfully authorized practitioner of medicine, dentistry or veterinary medicine, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, or, if ordered by a practitioner of veterinary medicine, shall state the kind of animal for which ordered and shall be signed by the person giving the prescription or order.
      (2)   The written order or prescription shall be permanently retained on file by the person, firm or corporation who shall compound or dispense the article ordered or prescribed, and it shall not be again compounded or dispensed, except upon the written order of the original prescriber for each and every subsequent compounding or dispensing.
      (3)   No copy or duplicate of the order or prescription shall be made or delivered to any person, but the original shall at all times be open to inspection by the prescriber and property authorized officers of the law.
      (4)   The provisions herein shall not apply to preparations containing opium, morphine, codeine, heroin or any salt or compound of the foregoing substances, and recommended and sold in good faith if each bottle or package which is accompanied by specified directions for use, nor to powder or ipecac and opium, commonly known as Deyer’s powder, nor to liniments or ointments when plainly labeled “for external use only.”
      (5)   The provisions herein also shall not apply to the sales at wholesale by jobbers, wholesalers and manufacturers to retail druggist or qualified physicians or to each other, nor to sales at retail by retail druggist to regular practitioners of medicine or dentistry, nor the sales made to manufacturers of proprietary or pharmaceutical preparations for use in the manufacture of the preparations nor to sales to hospitals, colleges or scientific or public institutions.
      (6)   All prescriptions mentioned in this section must be filled by legally registered pharmacists of the state. 
(Ord. 2515, passed - -)
      (7)   Any person, firm or corporation found ,guilty of violating any of the provisions of this section shall be deemed guilty of an offense and shall be punished as provided in § 12-34 of this code.
(`90 Code, § 14-38)  (Ord. 2515, passed - -; Am. Ord. 2823, passed - -)
   (B)   It shall be unlawful for any practitioner of medicine, dentistry or veterinary medicine to prescribe for the use of any habitual user of the same any LSD, marijuana, cocaine, heroin, alpha or beta eucaine, opium, morphine or salt or compound of any of the foregoing substances, or any preparation containing any of the foregoing substances, or their salts or compounds and it shall also be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his or her treatment in the regular practice of his or her profession, or for any practitioner of veterinary medicine to prescribe any of the foregoing substances for the use of any human being.  The provisions of this section shall not be construed to prevent any lawfully authorized practitioner of medicine from prescribing in good faith for the use of any habitual user of narcotic drugs who is under his or her professional care, such substances as he or she may deem necessary, for the purpose of evading the provisions of this article. 
(`90 Code, § 14-39)
   (C)   Possession or sale of drug related paraphernalia.
      (1)   “Drug Paraphernalia” means all equipment, products and materials of any kind which are used or intended 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 dangerous substance in violation of the Oklahoma Uniform Controlled Dangerous Substance Act, 63 O.S. §§ 2-101 et seq. It includes but is not limited to:
         (a)   Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived.
         (b)   Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances; isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance;
         (c)   Testing equipment used or intended for the use in identifying or in analyzing the strength, effectiveness or purity of controlled dangerous substances; scales and balances used or intended for use in weighing or measuring controlled dangerous substances.
         (d)   Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances;
         (e)   Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
         (f)   Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances;
         (g)   Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances;
         (h)   Containers and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body;
         (i)   Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body;
         (j)   Objects used or intended for use in ingesting inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
            1.   Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes;
            2.   Chillums;
            3.   Bongs;
            4.   Ice pipes or chillers.
      (2)   Drug paraphernalia - factors used in determining. In determining whether an object is “drug paraphernalia,” consider, in addition to all other logically relevant factors, the following:
         (a)   Statements by an owner or by anyone in control of the object concerning its use;
         (b)   The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Act (63 O.S. §§ 2-101 et seq.);
         (c)   The proximity of the object to controlled dangerous substances;
         (d)   The existence of any residue of controlled dangerous substances on the object;
         (e)   Instructions, oral or written, provided with the object which either state directly or imply that the object is to be used for the consumption of controlled substances;
         (f)   Descriptive materials accompanying the object which explain or depict its use as an object for the consumption of controlled substances;
         (g)   The manner in which the object is displayed for sale;
         (h)   Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; and
         (i)   The existence and scope of legitimate uses for the object in the community.
      (3)   It shall be unlawful for any person to use or possess drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act (63 O.S. §§ 2-101 et seq.), except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy.
      (4)   It shall be unlawful for any person to deliver, possess or manufacture drug paraphernalia knowing it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act (63 O.S. §§ 2-102 et seq.).
      (5)   Any person violating the provisions of this section shall be deemed guilty of an offense and be subject to a fine or not more than $100 including costs. (Ord. 2257, passed 1-  -96)
(Ord. 3160, passed 6-7-05)
§ 14-25  CURFEW.
   (A)   (1)   No child under the age of 16 years shall wander about or be in or upon any street, alley, park or other public place within the corporate limits of the city, after midnight on weekdays and to 1:00 a.m. on Sundays, without being on any lawful business or occupation, unless accompanied at the time by a parent or guardian, as herein defined.
      (2)   A “parent” is herein defined as either a natural or adopted parent, and a “guardian” is hereby defined as either a legal guardian or a person standing in the position of loco parentis of the child, or an adult who is accompanying the child with the consent of the child’s parents or guardian as herein defined.
      (3)   Any child wandering about or in or upon any street, alley, park or other public place within the corporate limits of the city, during the time, as hereinabove provided, unaccompanied by a parent or guardian, as hereinabove defined, shall be taken into custody by the police of the city, who shall determine that if the spirit and letter of the laws of the state and this section can best be served by taking the child to the child’s home, such shall be done, or the police officer in whose custody the child is, shall contact the parent or guardian, if possible, to come and take custody of the child.
      (4)   In the event a parent or guardian should fail to immediately and within a reasonable time take custody of the child from the police officer, the parent or guardian shall be deemed guilty of an offense.
      (5)   In the event, in the judgment of the police officer in whose custody the child is, it would not be for the best interest of the child to turn the custody of the child to the parent or guardian of the child, the police officer shall immediately contact the Chief of Police of the city, or his or her assistant in charge, and if in the judgment of the Chief of Police or his or her assistant in charge, it would best serve the interest of the child that proceedings be had in connection with the laws of the state in connection with dependent, neglected or delinquent children, then the Chief of Police shall cause the child to be delivered to the custody of the proper county official and notify immediately the associate district judge of the county of the action, for further proceedings as may be determined by the proper officials, as provided by law.
(`90 Code, § 14-41)
   (B)   (1) It is unlawful for any minor under the age of 18 years to loiter by remaining idle, by wandering, strolling or playing in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, vacant lots or other unsupervised places between the hours of 12:00 midnight and 6:00 a.m. of the following day, official city time, provided however, that the provisions of this section do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an errand or business directed by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an errand or business directed by his or her parent, guardian or other adult person having the care and custody of the minor. Each violation of the provisions of this section constitutes a separate offense.
      (2)   It is unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 18 years to knowingly permit the minor to loiter by remaining idle, by wandering, strolling or playing in or upon the public streets, highways, roads, alleys, parks, playgrounds or other unsupervised places, between the hours of 12:00 midnight and 6:00 a.m. of the following day, official city time.
      (3)   This section does not apply to a minor who is:
         (a)   Accompanied by the minor’s parent or guardian;
         (b)   On an errand at the direction of the minor’s parent or guardian, 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)   Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
         (g)   On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;
         (h)   Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
         (i)   Married or had been married or had disabilities of minority removed in accordance with state law.
      (4)   Each violation of the provisions of this section constitutes a separate offense.
      (5)   Any parent, guardian or other adult person having the care and custody of a minor violating division (A) above is guilty of a violation.
(`90 Code, § 14-41.1)  (Ord. 2961, passed 4-21-92)
   (C)   Any parent or guardian of a child under the age of 16 years knowingly permitting the child to wander about or be in or upon any street, alley, park or other public place within the corporate limits of the city, unaccompanied by a parent or guardian, during the hours as herein provided, and the child not being upon any lawful business or occupation, shall be deemed guilty of an offense. 
(`90 Code, § 14-42)
   (D)   It is further provided that the Chief of Police of the city shall keep or cause to be kept a confidential record of any proceedings under this section insofar as children are concerned, which record shall not be available for public inspection and shall be kept confidential and revealed only to the associate district judge of the county and the records shall at all times be available to the County Judge. 
(`90 Code, § 14-43)
   (E)   (1)   This section is enacted for the purpose of assisting in the enforcement of the laws and general public policy, adopted in the state in regard to dependent and neglected and delinquent children and for the protection of children of tender years, and the sections shall be enforced in accordance with the laws and public policy of the state, and shall not be considered or enforced as punishment for a child under the age of 16 years, but for the protection and care and assistance to the children, as provided by the laws of the state.
      (2)   The police of the city are by this section authorized and directed to aid and assist, within the corporate limits of the city, in the enforcement of all the laws of the state, in regard to dependent and neglected and delinquent children.  The police of the city are further directed to enforce, within the corporate limits of the city, all laws of the state, in regard to contributing to the delinquency of minors. 
(`90 Code, § 14-44)
ARTICLE 3:  OFFENSES AGAINST PEACE
§ 14-40  DISTURBING THE PEACE.
   No person in the city shall wilfully disturb the peace and quiet of the city or of any family, neighborhood or person or engage in rude or indecent behavior, offensive or disorderly conduct, obscene, profane, indecent or offensive language, noisy or boisterous talk or disorderly conduct.
(`90 Code, § 14-47)
§ 14-41  PRIZE FIGHTS.
   It shall be unlawful for any person or persons within the city to engage or be concerned in any fight or contention in the nature of a prize fight between any two or more persons, as principals, umpire, trainer, backer, assistant, second or reporter or to be present at the same.
(`90 Code, § 14-48)
§ 14-42  FIGHTING PROHIBITED.
   It shall be unlawful for any person or persons within the city to quarrel or fight or to use any obscene, profane, menacing or threatening language; or to wilfully disturb the peace by traducing or assaulting or challenging to fight another or others; or by rioting or discharging fire arms or by ringing or beating upon bells or other sound-producing substances, or otherwise producing loud, disagreeable noises; or by any rude behavior to interrupt, molest or disturb the peace and quiet of the city or any of the inhabitants thereof.
(`90 Code, § 14-49)
§ 14-43  DISTURBING LAWFUL ASSEMBLIES.
   It shall be unlawful for any person within the corporate limits of the city to wilfully disturb, molest or interrupt any literary society, school or any other society of whatever name or denomination, formed for the intellectual or social improvement of its members; or to wilfully disturb, molest or interrupt any religious society or any member thereof or any persons when meeting or met together for religious worship; or to willfully disturb, molest or interrupt any board of election or political meeting or any other lawful assembly of people.
(`90 Code, § 14-50)
§ 14-44  DISTURBING RELIGIOUS ASSEMBLIES.
   No person in the city shall willfully disquiet, disturb or interrupt any congregation or assembly of people met together for religious worship or as auditors or spectators at any public entertainment, or any other purpose, by making any unnecessary noise, or by any disorderly conduct or other means.
(`90 Code, § 14-51)
§ 14-45  FIGHTING; UNLAWFUL ASSEMBLY.
   No person in the city shall engage in any affray or assembly for any unlawful purpose, nor shall any persons gather together and conduct themselves in a disorderly, boisterous, riotous or threatening manner and a refusal of any persons so gathered together to disperse when commanded to do so by any magistrate, peace officer or any police officer, shall subject the person to the penalties prescribed by this chapter.
(`90 Code, § 14-52)
§ 14-46  DISCHARGING FIREARMS.
   (A)   No person shall within the city discharge any gun, pistol or other firearm.  This section shall not apply to any person using a shotgun for duck hunting at any city-owned or operated recreational facility under permit from the city.
   (B)   This section shall not apply to the use of shotguns in A-1 districts and/or firearms used in an indoor firing range in a properly zoned district.  This section shall not apply to a turkey shoot, as defined below, and for which a city permit has been issued.
   (C)   Division (A) shall not apply to the use of shotguns in an A-2 (Urban Agricultural) Zone for the purpose of hunting waterfowl. Such use will be permitted as follows:
      (1)   On parcels of land five acres in size or greater that are privately owned with the permission of the property owner;
      (2)   Any shooting must occur at least 200 feet from any building and from any land not owned by that landowner;
      (3)   Meet all other requirements under Oklahoma law for the discharge of a shotgun; and
      (4)   Are authorized by a permit issued by the Chief of Police or designate, indicating the type and manner of use, renewable annually.
(`90 Code, § 14-53)  (Ord. 2664, passed - -; Am. Ord. 2838, passed - -; Am. Ord. 2911, passed 3-6-90; Am. Ord. 3242, passed 9-4-12)
§ 14-47  TURKEY SHOOT; TARGET SHOOTING.
   (A)   An outdoor area where shotguns are used to shoot moving clay pigeons and/or fixed targets for turkeys, hams or other prizes. 
(`90 Code, § 14-53.1)
   (B)   The Chief of Police and/or his or her designee shall have the authority to approve and have a permit issued by the City Clerk for a turkey shoot within the city limits having the following restrictions and fees.
      (1)   No permit shall be issued within 300 feet of a family dwelling other than the permit applicant.
      (2)   No permit shall be issued within 100 feet of a public road.
      (3)   Fees shall be as set out in the fee schedule at the end of this code of ordinances.
(`90 Code, § 14-53.2)  (Ord. 2911, passed 3-6-90)
§ 14-48  CARRYING CONCEALED WEAPONS.
   No person in the city shall carry concealed any pistol, revolver, Bowie knife, slingshot, brass knuckles or other dangerous or deadly weapon.  This section shall not apply to federal, state, county or city law enforcement officers and except as authorized by the provisions of the Oklahoma Self-Defense Act, 21 O.S. §§ 1 et seq., or as may otherwise be provided by law.
(`90 Code, § 14-54)  (Ord. 2664, passed - -; Am. Ord. 2838, passed - -; Am. Ord. 2911, passed 3-6-90)
§ 14-49  ASSAULT AND BATTERY.
   No person shall commit an assault or offer or attempt, with force or violence, to do bodily hurt or injury to another or commit any battery on the person of another.
(`90 Code, § 14-55)
§ 14-50  DEFACING BUILDINGS.
   It shall be unlawful for any person to break, mark, scratch, cut or otherwise deface or injure any building, awning or other thing connected with any building, or to remove, throw or lay down or deface any fence enclosing, or partly enclosing, any lot or parcel of ground owned or occupied by another within the corporate limits of the city.
(`90 Code, § 14-56)
§ 14-51  LITTERING.
   (A)   (1)   The operator of a vehicle shall be liable pursuant to this section for any act of throwing, dropping, depositing or otherwise placing any litter from his or her vehicle upon highways, roads or public property unless any other person in the vehicle admits to or is identified as having committed the act.  Any person who admits to or is identified as having committed the act shall be liable for the act.
      (2)   Any person convicted of violating the provisions of division (A)(1) above shall be punished by a fine of not more than $100.  In lieu of the fine, the Court may direct the person to pick up and remove litter upon the highways, roads or public property.  The dates, time and location of the activity shall be scheduled by the Court in a manner as not to interfere with the employment or family responsibilities of the person.
      (3)   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, “litter” shall not include trash, garbage or debris placed beside a public road for collection by a garbage or collection by a garbage or 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 the deposits if the person making the deposit is authorized to use the property for the purpose.
(`90 Code, § 14-56.1)  (Ord. 2880, passed 6-6-89)
   (B)   (1)   Any person who deliberately places, throws, drops, deposits or discards any garbage, trash, waste, rubbish, refuse, debris or other deleterious substance an any public property or on any private property of another without consent shall be guilty of a misdemeanor offense.
      (2)   Any person convicted of violating the provisions of division (B)(1) above shall be punished by a fine of not more than $100, plus court costs, and each day that an act or a violation occurs or continues, shall constitute a violation of this section, and be construed as a separate offense.
      (3)   In addition to the penalty prescribed by division (B)(2) above, the Court may direct the person to make restitution to the property owner affected; to remove and properly dispose of garbage, trash, waste, rubbish, refuse or debris from the property; to pick up, remove and properly dispose of garbage, trash, waste, rubbish, refuse, debris and other nonhazardous deleterious substances from public property; or any combination of the foregoing which the court, in its discretion, deems appropriate.  The dates, times and locations of the activities shall be scheduled by the Chief of Police pursuant to the order of the Court in a manner as not to interfere with the employment or family responsibilities of the person.
      (4)   Any full time peace officer in municipal law enforcement and any other employee of the city having peace officer authority or code enforcement authority 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 the address committed the unlawful act.
(`90 Code, § 14-57)  (Ord. 2971, passed 4-6-93)
§ 14-52  DESTROYING PROPERTY.
   No person shall willfully or wantonly in any way injure or destroy any public or private property.
(`90 Code, § 14-58)
§ 14-53  TAMPERING WITH WATER METERS.
   (A)   It shall be unlawful for any person, firm or corporation to alter or tamper with a water meter which has been installed for the purpose of measuring the consumption of city water (or to install any hose, pipe or any other device for the purpose of receiving unmetered water) a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
   (B)   (1)   It shall not be considered a violation of this section to turn off or on an unsealed valve, which valve has been installed immediately adjacent to a water meter for the purpose of shutting off or turning on the flow of water.
      (2)   The only person or persons authorized to install, remove, repair, maintain or alter a water meter shall be the personnel of the Water Department.
      (3)   A licensed plumber may install a water meter, but only after the applicable permit has been obtained from the city.
(`90 Code, § 14-58.A)  (Ord. 2735, passed 3-6-84)
§ 14-54  ILLEGAL ENTRANCE.
   It is illegal for any person to enter upon the property of another or into an area or structure on the property, whether the property, area or structure is public or private, when the entrance is plainly forbidden by signs or otherwise or when the property, area or structure is enclosed, except when the 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.
(`90 Code, § 14-58.1)  (Ord. 2942, passed 4-2-91)
§ 14-55  PETIT LARCENY.
   Any person who shall take, steal and carry away or embezzle any money or personal property of another under the value of $500 shall be deemed guilty of an offense.
(`90 Code, § 14-59)  (Ord. 3087, passed 8-21-01)
§ 14-56  BUYING FROM MINORS.
   Any person who shall buy or trade or exchange any goods, wares or merchandise, tools or other personal property under the value of $20, from any minor, without the written consent of a parent or guardian of the minor, shall be deemed guilty of an offense.
(`90 Code, § 14-60)
§ 14-57  INJURING TREES.
   It shall be unlawful for any person to cut, break or in any way injure or destroy any tree planted, standing or growing by natural growth or artificial growth or otherwise upon any streets, avenues, alleys, parks or public places within the limits of the city.
(`90 Code, § 14-61)
§ 14-58  REMOVING MARKERS.
   No person shall destroy or remove any bench mark, monument stone, section corner stone or quarter section stone in the city.
(`90 Code, § 14-62)
§ 14-59  CAMPING IN PARKS; PERMISSION REQUIRED.
   It shall be unlawful for any person or persons to encamp or lodge in any public or private park within the city, without first having obtained permission from the Chief of Police.
(`90 Code, § 14-63)
§ 14-60  TRESPASSING.
   (A)   Trespasses prohibited.  It shall be unlawful and an offense for any person, firm or corporation to commit a trespass within this city upon either public or private property.
   (B)   Specific trespasses enumerated.  Any of the following acts by any person, firm or corporation shall be deemed a violation of this section.
      (1)   An entry upon the premises, or any part thereof, of another in violation of a notice exhibited thereon prohibiting entry at specified times;
      (2)   An entry upon the premises, or any part thereof, of another in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof;
      (3)   An entry upon any public property, including parks or parking areas, in violation of a notice exhibited thereat prohibiting entry at specified times;
      (4)   An entry upon any public property in violation of any notice, warning or protest given orally or in writing by a city official;
      (5)   If on the property of another, or upon public property, lawfully, a failure or refusal to depart in case of being requested to so depart orally or written, by any owner or occupant, or by a city official; or
      (6)   An entry upon any portion of a public park during regular hours where such entry is specifically prohibited or where the entry involves the use of any vehicle, equipment or device where such use is specifically prohibited, or where the entry otherwise involves acts or conduct which is specifically prohibited.
   (C)   Content of notice to be exhibited.  For purposes of constituting a violation of this section, the exhibited notice required under (B)(1) and (B)(3) and division (F) of this section shall meet the following criteria:
      (1)   The notice shall be plainly posted in a place or places conspicuous to those who would enter the property;
      (2)   The notice shall be legible so as to afford reasonable warning prior to the commission of a trespass; and
      (3)   If upon property to which the public is invited at least some part of the day, the notice shall clearly specify the days and times of day entry is prohibited, and further specify that entry at such times constitutes a punishable offense under this chapter.
   (D)   Exceptions.  Divisions (B)(1) and (B)(3) shall not apply to agents, servants or employees of property owners or occupants where such agents, servants or employees have been duly authorized entry upon posted property.
   (E)   Penalties.  Any person, firm or corporation violating the provisions of division (A) by committing any of the acts enumerated in division (B)  shall be guilty of an offense and fined up to $240, including costs.
   (F)   (1)   All terrain vehicle (ATV), off-road vehicle trespass prohibited.  No person, firm, or corporations shall use, park, leave or place any all terrain vehicles or off-road vehicles upon any public or private property where such use is specifically prohibited or where the entry otherwise involves acts or conduct which is specifically prohibited.
      (2)   Vehicular trespass prohibited.  No person, firm or corporation shall park, leave or place any vehicle upon any public or private property without the owner’s consent, except where such property is provided for public parking and the use for such parking is not restricted by proper notice.
   (G)   Penalties for vehicular trespass.
      (1)   Any person, firm or corporation violating the provisions of division (F) shall be guilty of an offense and upon conviction therefor shall be fined in an amount up to $240, including costs.
      (2)   Any person, firm or corporation violating the provisions of division (F) shall have the vehicle so parked, left or placed subject to impoundment upon complaint of the property owner or occupant, and shall be wholly responsible for payment of towage and/or storage charges.
(Ord. 3133, passed 4-6-04; Am. Ord. 3170, passed 12-20-05)
ARTICLE 4:  OFFENSES AGAINST PUBLIC AUTHORITY
§ 14-70  RESISTING OR IMPERSONATING AN OFFICER.
   No person in the city shall act in a riotous, disorderly manner, resist or oppose any officer in the discharge of his or her duty or falsely personate an officer of the city.
(`90 Code, § 14-64)
§ 14-71  RESISTING ARREST; ESCAPE FROM CUSTODY.
   No person shall resist any arrest by any officer of the city, or escape, attempt to escape or assist any other person to escape or attempt to escape, from the custody of any officer of the city, or from confinement, imprisonment or custody, imposed by the officers or authorities of the city.
(`90 Code, § 14-65)
§ 14-72  REFUSAL TO ASSIST OFFICERS.
   It shall be unlawful for any person within the corporate limits of the city who shall be at any time called upon by the Chief of Police, a police officer or other ministerial officer in the discharge of his or her official duty to refuse, neglect or delay to apprehend and detain or refuse to assist in apprehending and detaining any person or persons charged with or convicted of any criminal offenses against any of the ordinances, rules or laws in force and effect in the city, or refuse to assist to secure the offenders when apprehended or refuse to assist to convey the offenders to prison or other place of security as required by the officers in a lawful manner.
(`90 Code, § 14-66)
§ 14-73  OFFICER FAILURE.
   It shall be unlawful for any officer of the city to wilfully, wantonly or knowingly neglect, refuse or fail to discharge any of the duties required of him or her by any ordinance of the city.
(`90 Code, § 14-67)
§ 14-74  BREAKING LOCKS ON JAILS.
   No person in the city shall break any lock, hinge or fastening of any door or any other part of any jail or public building in the city, or in any way interfere or tamper with the same.
(`90 Code, § 14-68)
ARTICLE 5:  OFFENSES COMMITTED BY JUVENILES
§ 14-85  PROCEDURES FOR RELEASE.
   (A)   Whenever a child is taken into custody by the Police Department, the child shall be detained or released to the custody of his or her parent, guardian, attorney or custodian in accordance with state statutes for the detention or release of juveniles, but in no case shall a child under the age of 18 years of age be detained in the city jail.
   (B)   If a child under the age of 18 years of age is arrested for an offense that would be a felony if the child were an adult, the child shall be immediately transferred to the County Jail and detained or released in accordance with applicable state law.
   (C)   (1)   If a child under the age of 18 years of age is arrested for an offense that would be a non- traffic related misdemeanor if the child were an adult, or is under the influence of intoxicating liquor or drugs, the child shall be released to the custody of his or her parent, guardian, attorney or custodian upon the written promise of the parent, guardian, attorney or custodian to bring the child before the appropriate court or authorities at the time fixed.
      (2)   If a parent, guardian, attorney or custodian cannot be located after diligent effort, the child may be detained in the County Jail or other court-approved detention center in accordance with state law for the detention of juveniles, but in no case shall the child be held in the city jail.
   (D)   If a child under the age of 18 years of age is arrested for or issued a traffic citation, the child shall be subject to the same fine as though the child were an adult, except in no case shall a child be detained in the city jail or any other jail facility for the violation of a traffic ordinance.
(`90 Code, § 14-71)  (Ord. 2707, passed 7-6-82)
§ 14-86  REVIEW OF APPLICABLE PROCEDURES.
   All members of the Police Department shall read, become familiar with and periodically review the applicable state law for the detention and release of juveniles, currently 10 O.S. § 7003-2.1.
(`90 Code, § 14-72)  (Ord. 2707, passed 7-6-82)
ARTICLE 6:  LOUD NOISES
§ 14-100  PURPOSE.
   The purpose of this article is to prevent undue interference with a person’s quiet enjoyment of his or her premises, to prohibit the production, creation, generation or amplification of any excessive noise or sound from motor vehicles when the vehicles are being driven or parked on public property, public ways or public rights-of-way and to preserve the peace and quiet of the city.
(`90 Code, § 14-80)  (Ord. 2964, passed 8-18-92)
§ 14-101  SCOPE.
   The use of all land and any building or portion of a lot or area within any building, public property, public ways or public rights-of-way within the city shall be used only in conformity with the provisions of this article.
(`90 Code, § 14-81)  (Ord. 2964, passed 8-18-92)
§ 14-102  UNNECESSARY NOISE PROHIBITED.
   No person shall make, continue or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city.
(`90 Code, § 14-82)  (Ord. 2964, passed 8-18-92)
§ 14-103  NOISE ENUMERATED.
   The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of § 14-102, but shall not be deemed to be exclusive:
   (A)   The sounding of any horn or signaling device on any automobile, motorcycle, streetcar other vehicle on any street or public place of the city, except as a danger warning, the creation by means of any signaling device or any unreasonably loud or harsh sound, the sounding of any device for an unnecessary and unreasonable period of time, the use of any signaling device, except one operated by hand or electricity, the use of any horn, whistle or other device operated by engine exhaust, and the use of any signaling device when traffic is for any reason held up;
   (B)   The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners thereto;  (The operation of any set, instrument, phonograph, machine or device between the hours of 12:00 a.m. and 7:00 a.m. in a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.)
   (C)   The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound from any building, structure or other stationary source which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;
   (D)   Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 12:00 a.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity;
   (E)   The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any persons in the vicinity;
   (F)   The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of property city authorities;
   (G)   The discharge into the open air of the exhaust of any steam engine, stationary internal- combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
   (H)   The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in a manner as to create loud and unnecessary grating, grinding, rattling or other noise;
   (I)   The creation of aloud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;
   (J)   The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for period of three days or less while the emergency continues;  (If the Building Inspector should determine that the public health and safety will not be impaired by the erection demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 p.m., and if he or she shall further determine that loss or inconvenience would result to any part in interest, he or she may grant permission for the work to be done within the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.)
   (K)   The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of the institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in the streets indicating that the same is a school, hospital or court street;
   (L)   The shouting and crying of itinerant vendors which disturbs the peace and quiet of the neighborhood;
   (M) The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale; and/or
   (N)   The operation of any noise-creating blower or power fan or any internal combustion engine the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from the blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise.
(`90 Code, § 14-83)  (Ord. 2964, passed 8-18-92)
§ 14-104  LOUD NOISES FROM VEHICLES.
   It shall be unlawful for any person to operate a motor vehicle within the city which produces, creates, generates, amplifies, continues or causes to be produced, created, generated or amplified any excessive noise or sound, when the vehicle is being driven or is parked on public property, public ways or public rights-of-ways.  For the purpose of this section, the term “excessive noise” shall mean noise or sound which injures or endangers the comfort, repose, peace, safety or health of a human being, or annoys or disturbs a reasonable person and which is produced, created, generated or amplified by radios, stereos, television equipment, electronic audio equipment, musical instruments and similar devices which is plainly audible to any person 50 feet or more from the motor vehicle which produces, creates, generates, amplifies continues or causes to be produced, created, generated or amplified the excessive noise or sound and the term “plainly audible” means any person can hear the content of the sound produced by the noise source including but not limited to musical rhythms, spoken words and vocal sounds.
(`90 Code, § 14-84)  (Ord. 2964, passed 8-18-92)
ARTICLE 7:  PREVENTION OF YOUTH ACCESS TO TOBACCO
§ 14-115  DEFINITIONS.
   For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   PERSON.  Any individual, firm, fiduciary, partnership, corporation, trust, or association, however formed.
   PROOF OF AGE.  A driver’s license, license for identification only, or other generally accepted means of identification that describes the individual as 18 years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid.
   SAMPLE.  A tobacco product distributed to members of the public at no cost for the purpose of promoting the product.
   SAMPLING.  The distribution of samples to members of the public in a public place.
   TOBACCO PRODUCT.  Any product that contains tobacco and is intended for human consumption.
   TRANSACTION SCAN.  The process by which a seller checks, by means of a transaction scan device, the validity of a driver license or other government-issued photo identification.
   TRANSACTION SCAN DEVICE.  Any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver license or other government-issued photo identification.
(Ord. 3097, passed 12-18-01)
§ 14-116  FURNISHING OR SALE OF TOBACCO PRODUCTS TO MINORS.
   (A)   It shall be unlawful and an offense for any person to sell or furnish in any manner any tobacco product to another person who is under 18 years of age or to purchase in any manner a tobacco product on behalf of any such person. Provided, however, that it shall not be unlawful for an employee under 18 years of age to handle tobacco products when required in the performance of the employee’s duties.
   (B)   Any person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient if any ordinary person would conclude on the basis of appearance that the prospective purchaser may be under 18 years of age. If an individual engaged in the sale or distribution of tobacco products has demanded proof of age from a prospective purchaser or recipient who is not under 18 years of age, the failure to subsequently require proof of age shall not constitute a violation of this division (B) of this section.
   (C)   Any person violating the provisions of division (A) or (B) of this section shall be guilty of an offense and upon conviction shall be punished by a fine of not more than $90.00, excluding costs and assessments, for the first offense within a one-year period; not more than $150.00, excluding costs and assessments, for the second offense within a one-year period; and not more than $200.00, excluding costs and assessments, for a third and subsequent offenses within a one-year period.
   (D)   Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to any action brought pursuant to this section. A person cited for violating this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of such violation if such person proves that:
      (1)   The individual who purchased or received the tobacco product presented a driver license or other government-issued photo identification purporting to establish that such individual was 18 years of age or older, and
      (2)   The person cited for the violation confirmed the validity of the driver license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.
Provided, that this defense shall not relieve from liability any person cited for a violation of this section if such person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver license or other government-issued photo identification was that of the individual who presented it. The availability of the defense described in this subsection does not affect the availability of any other defense under any other provision of law.
   (E)   If the sale is made by an employee of the owner of a store at which tobacco products are sold at retail, the employee shall be guilty of the violation and shall be subject to the fine.
   (F)   Upon failure of the employee to pay the fine within 90 days of the day of the assessment of such fine, the Clerk of the Municipal Court shall notify the Department of Public Safety and the Department shall suspend or not issue a driver’s license to the employee until proof of payment has been furnished to the Department of Public Safety.
   (G)   For purposes of determining the liability of a person controlling franchises or business operations in multiple locations for any violation of divisions (A) or (B) of this section, each individual franchise or business location shall be deemed a separate entity.
(Ord. 3097, passed 12-18-01)
§ 14-117 RECEIPT OF TOBACCO PRODUCTS BY MINORS.
   (A)   It shall be unlawful and an offense for any person who is under 18 years of age to purchase, accept receipt of or have in their possession a tobacco product, or to present or offer to any person any purported proof of age which is false, fraudulent or not actually his or her own for the purpose of purchasing or receiving any tobacco product. Provided, however, that it shall not be unlawful for such a person to handle such tobacco product when required in the performance of such person’s duties.
   (B)   Any person violating the provisions of division (A) of this section shall be quality of an offense and upon conviction shall be punished by a fine of not more than $90.00, excluding costs and assessments, for a first offense within a one-year period, and a fine or not more than $150.00, excluding costs and assessments, for a second or subsequent offense within a one-year period. Upon failure of the individual to pay any fine within 90 days of the day of such fine, the Clerk of the Municipal Court shall notify the Department of Public Safety and the Department shall suspend or not issue a driver’s license to the individual until proof of payment has been furnished to the Department of Public Safety.
(Ord. 3097, passed 12-18-01)
§ 14-118  DISTRIBUTION OF TOBACCO PRODUCT SAMPLES.
   (A)   It shall be unlawful and an offense for any person to distribute tobacco product samples to any person under 18 years of age.
   (B)   (1)   Notwithstanding division (A) of this section, no person shall distribute tobacco product samples in or on any public street, sidewalk or park that is within 300 feet of any playground, school or other facility when the facility is being used primarily by persons under 18 years of age.
      (2)   It shall be unlawful for any person or retail store to display or offer for sale tobacco products in any manner that allows public access to the tobacco product without assistance from the person displaying the tobacco product or an employee or owner of the store.  The provisions of this division shall not apply to a retail store which does not admit into the store person under the age of 18 years of age.
   (C)   Any person violating the provisions of divisions (A) or (B) of this section shall be guilty of an offense and upon conviction shall be punished by a fine of not more than $90.00, excluding costs and assessments, for the first offense within a one-year period; not more than $150.00, excluding costs and assessments, for the second offense within a one-year period; and not more than $200.00, excluding costs and assessments, for a third or subsequent offense within a one-year period.
   (D)   Upon failure of the individual to pay any fine within 90 days of the assessment of such fine, the Clerk of the Municipal Court shall notify the Department of Public Safety, and the Department shall suspend or not issue a driver’s license to the individual until proof of payment has been furnished to the Department of Public Safety.
(Ord. 3097, passed 12-18-01; Am. Ord. 3225, passed 9-20-11)
§ 14-119  SALE OF TOBACCO PRODUCTS EXCEPT IN ORIGINAL SEALED PACKAGE.
   (A)   It is unlawful and an offense for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer.
   (B)   Any person violating the provisions of division (A) of this section shall be guilty of an offense and upon conviction shall be punished by a fine of $200.00, excluding costs and assessments, for each offense.
(Ord. 3097, passed 12-18-01)
§ 14-120  RESTRICTIONS ON MANNER OF ENFORCEMENT.
   Persons under 18 years of age may be enlisted by any law enforcement agency to assist in enforcement of §§ 14-115 through 14-120 of this article. Provided, however, that such persons may be used to test compliance only if written parental consent has been provided and the testing is conducted under the direct supervision of the Alcoholic Beverage Laws Enforcement (“ABLE”) Commission or conducted by another law enforcement agency if such agency has given written notice to the ABLE Commission in the manner prescribed by the ABLE Commission. Provided, however, that this section shall not apply to the use of persons under 18 years of age to test compliance if the compliance test is being conducted by or on behalf of a retailer of tobacco products, as defined in 68 O.S. § 301, at any location the retailer of cigarettes is authorized to sell cigarettes.
(Ord. 3097, passed 12-18-01)
§ 14-150  PENALTY.
   Any person who violates any provision of this chapter is guilty of an offense, and upon conviction, shall be punished as provided in this code.  Each day upon which a violation continues shall be deemed a separate offense.
(`90 Code, § 14-75)
Cross-reference:
   Arraignment; pleading, see § 12-24