TITLE 1
GENERAL PROVISIONS
CHAPTER 1
USE AND CONSTRUCTION OF CODE
SECTION:
: How Code Designated And Cited
1-1-2: Rules Of Construction; Definitions
1-1-3: Catchlines Of Sections; Citations
1-1-4: Effect Of Repeal Of Ordinances
1-1-5: Severability Of Parts Of Code
1-1-6: Amendments To Code; Effect Of New Ordinances
1-1-7: Altering Code
1-1-8: General Penalty
1-1-9: Second And Subsequent Offenses
1-1-10: Fines Recoverable By Civil Action
1-1-11: Construction
1-1-12: Right Of Entry To Inspect And Enforce Ordinances
1-1-1: HOW CODE DESIGNATED AND CITED 1 :
   The provisions embraced in the chapters, articles and sections of this code shall constitute and be designated the CITY CODE OF SEMINOLE OKLAHOMA, and may be so cited. (2000 Code § 1-101; amd. Ord. 1063, 1-8-2008, eff. 2-7-2008)
1-1-2: RULES OF CONSTRUCTION; DEFINITIONS:
   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 council:
   CITIZEN: A person who resides in Seminole County, does not reside within the limits of any city or town except the city of Seminole, and is eligible to vote in state and local elections.
   CITY OR THIS CITY: The city of Seminole, Oklahoma, or the area within the territorial limits of the city of Seminole, and such territory outside of the city over which the city has jurisdiction or control by virtue of any law or constitutional provision.
   COMPUTATION OF TIME: Whenever a notice is required to be given or an act is to be done, the time period in which the act or notice is required shall be computed by excluding the first day and including the last day. If the last day is Sunday or a legal holiday, that day shall be excluded.
   COUNCIL OR CITY COUNCIL: The city council of Seminole.
   COUNTY OR THIS COUNTY: The county of Seminole, 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.
   MANAGER OR CITY MANAGER: The city manager of the city.
   MAY: Is permissive.
   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: 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 a natural person, any persons and to associations, clubs, societies, firms, partnerships, trusts, 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.
   RESIDENT: A person whose actual dwelling or primary residence is located within the corporate limits of the city of Seminole and who is eligible to vote in state and local elections.
   SHALL AND MUST: Are mandatory.
   SIDEWALK: That portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
   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 or are hereafter dedicated and open to public use, or such other public property so designated in any law of this state.
   TENSE: Words used in the past or present tense include the future as well as the past and present.
   WEEK: Seven (7) days.
   WORDS AND PHRASES NOT DEFINED: Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.
   WRITTEN: Includes printed, typewritten, mimeographed or multigraphed.
   YEAR: A calendar year. (Ord. 981, 1-11-2005)
1-1-3: CATCHLINES OF SECTIONS; CITATIONS:
   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. (2000 Code § 1-103)
1-1-4: EFFECT OF REPEAL OF ORDINANCES:
   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, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed. (2000 Code § 1-104)
1-1-5: SEVERABILITY OF PARTS OF CODE:
   It is hereby declared to be the intention of the 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. (2000 Code § 1-105)
1-1-6: AMENDMENTS TO CODE; EFFECT OF NEW ORDINANCES 1 :
   A.   All ordinances passed subsequent to this code or ordinances which amend, repeal or in any way affect this code 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 Seminole, Oklahoma, that Section           of the code of ordinances of the City of Seminole, Oklahoma, is hereby amended to read as follows:". (Set out new provisions in full.)
   C. When the council desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the code, which the council 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 Seminole, Oklahoma, that the provisions of this ordinance shall become and be made a part of the code of ordinances of the City of Seminole, Oklahoma, and the sections of this ordinance may be renumbered 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. (2000 Code § 1-106)
1-1-7: ALTERING CODE:
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 of this chapter. (2000 Code § 1-107)
1-1-8: GENERAL PENALTY 1 :
   A.   Penalty Imposed: Except as otherwise provided by state law, 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 a 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, 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 a fine not to exceed seven hundred fifty dollars ($750.00) or not more than thirty (30) days' imprisonment, or by both such fine and imprisonment. In addition, the court may impose a term of community service not to exceed forty (40) hours for each offense. The maximum fine or deferral fee in lieu of a fine for traffic related offenses relating to speeding or parking shall not exceed two hundred dollars ($200.00). 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.
   B.   Aiding Or Abetting: 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 thereof, shall be punished as provided in this section. (Ord. 1038, 9-12-2006)
1-1-9: SECOND AND SUBSEQUENT OFFENSES:
Every person who is convicted of any offense punishable as provided in section of this chapter and who commits the same offense a second time and is subsequently convicted of the second offense, the punishment for the second or subsequent offense shall be a fine of not more than seven hundred fifty dollars ($750.00) or not more than sixty (60) days' imprisonment, or by both such fine and imprisonment. In addition, the court may impose a term of community service not to exceed eighty (80) hours per each subsequent offense. (Ord. 1038, 9-12-2006)
1-1-10: FINES RECOVERABLE BY CIVIL ACTION:
All fines shall be recoverable by civil action before any court of competent jurisdiction in addition to any other method provided by law. (2000 Code § 1-110)
1-1-11: CONSTRUCTION:
The provisions of this code and all proceedings under it are to be construed with a view to effect their objects and to promote justice. (2000 Code § 1-111)
1-1-12: RIGHT OF ENTRY TO INSPECT AND ENFORCE ORDINANCES:
Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe there exists an ordinance or resolution violation in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building, perform any duty imposed upon him by ordinance; provided, that except in emergency situations or when consent of the owner or occupant to the inspection has not been otherwise obtained, he shall give the owner or occupant, by posting on the premises twenty four (24) hours' written notice of the authorized official's intention to inspect. The notice transmitted to the owner or occupant shall state that the property owner has the right to refuse entry and that in the event such entry is refused, or in emergency situations, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (2000 Code § 1-112)

 

Notes

1
1. See charter section 5-5 for codification of ordinances.
1
1. See charter sections 5-1 through 5-3.
1
1. Maximum fines chargeable by courts not of record, $750.00, 11 OS § 14-111; fines over $500.00 are to be by jury trial unless waived, 11 OS § 27-119.