PART 1
GENERAL PROVISIONS
GENERAL PROVISIONS
CHAPTER 1
USE AND CONSTRUCTION OF THE CODE
USE AND CONSTRUCTION OF THE CODE
SECTION:
1-101: How Code Designated And Cited
1-102: Rules Of Construction; Definitions
1-103: Catchlines Of Sections, Citations
1-104: Effect Of Repeal Of Ordinances
1-105: Severability Of Parts Of Code
1-106: Amendment To Code, Effect Of New Ordinances, Amendatory Language
1-107: Altering Code
1-108: General And Specific Penalties
1-109: Fines Recoverable By Civil Action
1-110: Ordinances In Effect In Outlying Territory Of City
In the construction of this code and of all ordinances, the following rules are observed unless the construction would be inconsistent with the manifest intent of the city council:
ADMINISTRATOR OR CITY ADMINISTRATOR: The city manager appointed by the city council pursuant to the city charter.
BOARD OF TRUSTEES, BOARD OR TRUSTEES: The city council of Harrah.
CITY COUNCIL: The city council established pursuant to the city charter and also includes any references to the previously existing city board of trustees.
CITY MANAGER: The city manager appointed by the city council and also includes any references to the previously appointed city administrator.
COMPUTATION OF TIME: Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which the notice is given or the act is done shall be counted in computing the time but the day on which the proceeding is to be had shall not be counted.
COUNTY OR THIS COUNTY: The county of Oklahoma, Oklahoma.
GENDER: A word importing one gender only shall extend and be applied to other genders and to firms, partnerships, and corporations as well.
JOINT AUTHORITY: All words giving "joint authority" to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
LAW: Includes applicable federal law, provisions of the constitution and statutes of the state of Oklahoma, the ordinances of the city, and, when appropriate, any and all rules and regulations promulgated thereunder.
MAYOR: The mayor of the city.
MONTH: A calendar month.
NONTECHNICAL AND TECHNICAL WORDS: Words and phrases which are not specifically defined shall be construed according to the common and accepted usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
NUMBER: A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. Words used in the plural number may also include the singular unless a contrary intention plainly appears.
OATH: Shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".
OR, AND: "Or" may be read "and", and "and" may be read "or", if the sense requires it.
OTHER OFFICIALS OR OFFICERS, ETC.: Whenever reference is made to officers, agencies or departments by title only, i.e., "clerk", "city clerk", "city attorney", "fire chief", "chief of police", etc., they shall mean the officers, agencies or departments of the city.
PERSON: Shall extend and be applied to an actual person, any persons and to associations, clubs, societies, firms, partnerships, and bodies politic and corporate, or the manager, lessee, agent, servant, officer or employee of any of them, unless a contrary intention plainly appears.
PRECEDING, FOLLOWING: Next before and next after, respectively.
PROPERTY: Shall include real and personal property.
SIGNATURE OR SUBSCRIPTION: Includes a mark when a person cannot write.
STATE OR THIS STATE: Shall be construed to mean the state of Oklahoma.
STATUTORY REFERENCES: References to statutes of the state of Oklahoma as they now are or as they may be amended to be.
STREET: Shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, highways, courts, places, squares, curbs and all other public ways in the city which are dedicated and open to public use.
TENSE: Words used in the past or present tense include the future as well as the past and present.
WEEK: Seven (7) days.
YEAR: A calendar year. (Prior Code, Secs. 10-1 through 10-3; as amended by adoption of city Charter)
The catchlines of sections in this code are printed in capital letters and citations included at the end of sections are intended to indicate the contents of the section and original historical source respectively, and shall not be deemed or taken to be titles and official sources of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of the sections, including the catchlines, or citations, are amended or reenacted. (1986 Code)
A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
B. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, or any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed. (1986 Code)
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph, or section of this code or of any ordinance in the code shall be declared unconstitutional, illegal or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code of ordinances. (Prior code § 10-5)
A. All ordinances passed subsequent to this code of ordinances which amend, repeal or in any way affect this code of ordinances may be numbered in accordance with the numbering system of this code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, the repealed portions may be excluded from this code by omission from reprinted pages.
B. Amendments to any of the provisions of this code may be made by amending the provisions by specific reference to the section of this code in substantially the following language:
Be it ordained by the City Council of the City of Harrah, Oklahoma, that Section of the code of ordinances of the City of Harrah, Oklahoma, is hereby amended to read as follows:
(Set out new provisions in full.)
C. When the city council desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the code, which the board desires to incorporate into the code, a section in substantially the following language may be made part of the ordinance:
Section Be it ordained by the City Council of the City of Harrah, Oklahoma, that the provisions of this ordinance shall become and be made a part of the code of ordinances of the City of Harrah, Oklahoma, and the sections of this ordinance may be re-numbered to accomplish this intention.
D. All sections, articles, chapters or provisions of this code desired to be repealed may be specifically repealed by section or chapter number, as the case may be. (1986 Code)
Notes
1 | 1. 11 OS §§ 14-104–14-106. |
It is unlawful for any person to change or amend by additions or deletions any part or portion of this code, or to insert or delete pages or portions thereof, or to alter or tamper with this code in any manner whatsoever which will cause the law of the city to be misrepresented thereby. Any person violating this section shall be punished as provided in section 1-108 of this chapter. (1986 Code)
A. Except as otherwise provided in this section or code, whenever in this code or in any ordinance of the city, an act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or whenever in the code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, the fine or penalty shall be in accordance with a schedule of fines as adopted from time to time by the Harrah city council. Where no specific penalty is provided therefor, the violation of any provision of this code or of any ordinance, upon conviction, shall be punishable by fine not exceeding five hundred dollars ($500.00). (Ord. 2012-08, 12-20-2012)
B. Any person who shall aid, abet or assist in the violation of any provision of this code or any other ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in this section.
C. Each day or any portion of a day during which any violation of this code or of any ordinance shall continue shall constitute a separate offense. (Ord. 95, 10-7-1981)
Notes
1 | 1. 11 OS §§ 14-111, 27-119. |
All ordinances of the city now in effect within the city are hereby extended to all real property belonging to, or under the control of the city outside the corporate limits of the city, and shall be in full effect therein, insofar as they are applicable. All ordinances of the city which shall go into effect in the future, shall also apply to, and be in full effect within the boundaries of all outlying real property, insofar as they may be applicable. Any words in any ordinance indicating that the effect of an ordinance provision is limited to the corporate limits of the city shall be deemed to mean and include also the outlying real property belonging to, or under the control of the city, unless the context clearly indicates otherwise. (Prior Code, Sec. 10-4)