ADOPTING ORDINANCE
ORDINANCE NO. 3279
AN ORDINANCE ADOPTING AND ENACTING THE "VINITA CITY CODE 2005", COMPILED, REVISED, CODIFIED, AND PUBLISHED BY THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF VINITA, OKLAHOMA; CONTAINING THE PERMANENT AND GENERAL ORDINANCES OF THE CITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES OF A PERMANENT AND GENERAL NATURE NOT INCLUDED IN THE CODE; AMENDING "VINITA CITY CODE 1986" TO INCLUDE, REMOVE, AND AMEND CODE PROVISIONS TO THE EXTENT IT IS INCONSISTENT WITH THE "VINITA CITY CODE 2005"; PROVIDING A PENALTY FOR WRONGFULLY CHANGING OR TAMPERING WITH THE CODE; REGULATING THE BRINGING OF THE CODE UP TO DATE; PROVIDING FOR CERTIFICATION OF COPIES OF THE CODE, AND FOR SALE OF COPIES THEREOF; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VINITA, OKLAHOMA:
Sec. 1. Code Adopted; How Cited.
(a) The code of ordinances compiled, revised and codified for the city of Vinita, Oklahoma, by authority of the mayor and city council of the said city, consisting of chapters 1 through 12, is hereby adopted and enacted by the city of Vinita, Oklahoma.
(b) The code may be cited as "Vinita city code 2005", or by other properly identifying designation. When a change or herein below, the words "as amended" may be added to the above citation or title when referring to the code as amended. The year may be omitted.
Sec. 2. Permanent And General Ordinances Not Included Are Repealed; Amending Vinita City Code 1986.
All ordinances and parts of ordinances of a permanent and general nature passed prior to September 15, 1986, and in effect at the time the code is adopted but not included in the code, are hereby repealed as of the date when the code goes into effect. Ordinances passed on or after March 11, 1998 shall not be repealed or amended by the adoption of the code or the passage of this ordinance. Provided further that the "Vinita city code 1986" is amended and repealed to the extent that it is inconsistent with the "Vinita city code 2005".
Sec. 3. Repeal Of Ordinances Not To Affect Any Offense Or Act Done Prior To Time Code Goes Into Effect, Etc.
The repeal of ordinances and parts of ordinances of a permanent and general nature by the above section of this ordinance shall not affect any offense committed or act, or any penalty of forfeiture incurred, or any contract, right or obligation established prior to the time when said ordinances and part of ordinances are repealed.
Sec. 4. Temporary And/Or Special Ordinances Continue In Effect, Although Omitted From Code.
The continuance in effect of temporary and/or special ordinances and parts of ordinances, although omitted from the code, shall not be affected by such omission therefrom; and the adoption of the code shall not repeal or amend any such ordinance or part of any such ordinance. Among the temporary and/or special ordinances not repealed or amended by the adoption of the code, are the following: ordinances creating, opening, dedicating, vacating, or closing specific streets, alleys, or dedicating, vacating, or closing specific streets, alleys, establishing the grades of specific streets and other public or other public ways; authorizing or relating to specific issues of bonds; creating or relating to specific sewer and paving districts and other specific local improvement annexing territory to, or excluding territory from, the city; calling or providing for special elections; approving or authorizing specific contracts with the state or with others: authorizing a specific lease, sale or purchase of property; granting rights-of-way of others; granting a specific public utility or any other person, firm or corporations the right or privilege of constructing lines in the streets and alleys or of using the streets and alleys; granting a franchise to a specific public utility, or regulating a specific public utility; or amending the zoning map.
Sec. 5. Catchlines, Headings And Titles.
Catchlines, headings and titles of sections and other subdivisions in the code adopted by these ordinances or in changes made in the code, are inserted for the convenience of users of the code, and shall have no legal effect.
Sec. 6. Notes Inserted For Convenience.
Notes indicating sources of sections, giving other information, or referring to the statutes or to other parts of the code, are inserted in the code, and may be inserted in changes to the code for the convenience of users of the code; and shall have no legal effect.
Sec. 7. Certified Copies Of The Code.
(a) The city clerk shall carefully examine at least one copy of the code adopted by this ordinance to see that it is a true and correct copy of the code. Similarly, after each change or supplement has been prepared, printed, and inserted in the code, the city clerk shall carefully examine at least one copy of the code as amended to see that it is a true and correct copy of the code as amended. The city clerk shall then insert a certificate in the front of the said true and correct copy or copies of the code certifying substantially that the copy is a true and correct copy of the code, or ordinances of the city, including all permanent and general ordinances passed or adopted prior to the date to which the code has been brought up to date and still in effect as of that date.
(b) A copy of the code as originally adopted or amended and certified shall constitute the permanent and general ordinances of the city as of the date indicated in the certificate, and shall be so accepted by the courts of law, administrative tribunals and others concerned.
(c) One copy of the code so certified shall be kept in the office of the city clerk at all times, and may be inspected by any interested person at any time during regular office hours; but may not be removed from the city clerk's office or possession except upon proper order of a court of law.
Sec. 8. Permanent And General Ordinances Passed On Or After March 11, 1998.
Ordinances and parts of ordinances of a permanent and general nature passed or adopted on and after March 11, 1998, may be passed or adopted either (1) in the form of amendments to the code or ordinances adopted by this ordinance, or (2) without specific reference to the code. But, in either case, all such ordinances and parts of ordinances shall be deemed amendments to the code; and all of the substantive permanent and general parts of such ordinance and changes made thereby in the code, shall be inserted and made in the code wherever authorized or directed by motion, resolution or ordinance by the city council, as provided hereinafter.
Sec. 9. Penalty For Altering Or Tampering With Code.
Any person, firm or corporation who shall alter, change or amend the code of ordinances adopted by this ordinance except in the manner prescribed by this ordinance, or who shall alter or tamper with the code in manner so as to cause the ordinances of the city to be misrepresented thereby, is guilty of an offense against the city, and upon conviction thereof, shall be punished by a maximum fine for each violation shall be five hundred dollars ($500.00), not including: costs, or imprisonment not exceeding thirty (30) days, or both such fine and imprisonment.
Sec. 10. Sale Of Copies Of The Code.
The city clerk is hereby authorized and directed to sell copies of the code of ordinances to the public at a price to be determined from time to time by motion or resolution of the city council.
Sec. 11. Emergency.
Whereas, it being immediately necessary for the preservation of the peace, health and safety and public good of the city of Vinita and the inhabitants thereof that the provisions of this ordinance be put into full force and effect, an emergency is hereby declared to exist by reason whereof this ordinance shall take effect and be in full force and effect from and after its passage, as provided by law.
Passed and approved this 5th day of July, 2005.
ATTEST:
APPROVED: