CHAPTER 10: GENERAL PROVISIONS
CHAPTER 11: WARDS AND BOUNDARIES

10 General Provisions
10 Savings Clause

10.01 Title
10.02 Acceptance
10.03 Amendments
10.04 Ordinances In Effect In Outlying Territory Of Town
10.05 Code Alterations
10.06 Interpretation
10.07 Definitions
10.08 Catchlines; Citations

Upon the adoption by the Board of Trustees, this town code is hereby declared to be and shall hereafter constitute the official town code. This town code of ordinances shall be known and cited as the Fort Gibson Town Code and is hereby published by authority of the Board of Trustees and shall be supplemented to incorporate the most recent legislation of the town as provided in § 10.03 of this chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this town code by title in any legal documents.

(Prior Code, § 1-1-1)

The town code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of the state as the ordinances of the town of general and permanent effect, except the excluded ordinances enumerated in § 10.20 of this title.

(Prior Code, § 1-1-2)

Any ordinance amending the town code shall set forth the title, chapter, and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this town code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifier, and the said ordinance material shall be prepared for insertion in its proper place in each copy of this town code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the town code.

(Prior Code, § 1-1-3)

All ordinances of the town now in effect within the town are hereby extended to all real property belonging to, or under the control of, the town outside the corporate limits thereof, and shall be in full effect therein, insofar as they are applicable. All ordinances of the town 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 town shall be deemed to mean and include also the said outlying real property belonging to, or under the control of, the town, unless the context clearly indicates otherwise.

(Prior Code, § 1-1-4)

Only the Board of Trustees may change or amend this code at a public meeting. The Town Clerk or his or her designated representative has the responsibility to maintain this code in an updated format. It is unlawful for any other person beside the Town Clerk or his or her designated representative 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 town to be misrepresented thereby. Any person violating this section shall be punished as provided in § 10. 99 of this title.

(Prior Code, § 1-1-5)

  1. Whenever any word in any section of this town code importing the plural number is used in describing or referring to any matters, parties, or persons, any single matter, party, or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party, or person is referred to in this town code by words importing the singular number only, or a particular gender, several matters, parties, or persons and the opposite gender and bodies corporate shall be deemed to be included. These rules of construction shall not be applied to any section of this town code which contains any express provision excluding such construction, or where the subject matter or context may be repugnant thereto.
  2. The word ORDINANCE contained in the ordinances of the town has been changed in the content of this town code to "title", "chapter", "section" and/or "subdivision" or words of like import for organizational and clarification purposes only. Such change to the town's ordinances is not meant to amend passage and effective dates of such original ordinances.

(Prior Code,§ 1-3-1)

For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGENT. A person acting on behalf of another with authority conferred, either expressly or by implication.

BOARD OF TRUSTEES or BOARD. The Board of Trustees of the Town of Fort Gibson, Oklahoma.

CODE. The town code of the Town of Fort Gibson, Oklahoma.

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 THE COUNTY. The Counties of Cherokee and Muskogee, Oklahoma.

EMPLOYEES. Whenever reference is made in this code to a town employee by title only, this shall be construed as though followed by the words "of the town".

FOLLOWING. The next after when used as reference to other titles, chapters, sections, sentences, clauses, or phrases, or words of the ordinances of the town.

GENDER. A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to firms, partnerships and corporations as well.

JOINT AUTHORITY. All words giving JOINT AUTHORITY to three 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 town and, when appropriate, any and all rules and regulations promulgated thereunder.

LICENSE. The permission granted for the carrying on of a business, profession, or occupation.

MAYOR. The Mayor of the town.

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.

O.S. Oklahoma Statutes, as amended.

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".

OCCUPANT. As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.

OFFENSE. Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.

OFFICERS AND OTHER OFFICIALS. Whenever reference is made in this code to a town officer, agency or department by title only, this shall be construed as though followed by the words "of the town".

OPERATOR. The person who is in charge of any operation, business, or profession.

OR, AND. "Or" may be read "and", and "and" may be read "or", if the sense requires it.

OWNER. As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.

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.

PERSONAL PROPERTY. Includes every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished and every right or interest therein.

PRECEDING. Next before when used as a reference to other titles, chapters, sections, clauses, or phrases or sentences or words of the ordinances of the town.

PROPERTY. Includes real and personal property.

RETAILER. Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles, or things direct to the consumer.

RIGHT-OF-WAY. The privilege of the immediate use of the roadway or other property.

SIGNATURE or SUBSCRIPTION. Includes a mark when a person cannot write.

STATE or THE STATE. The State of Oklahoma.

STATUTORY REFERENCES. References to statutes of the state as they now are or as they may be amended to be.

STREET. Streets, avenues, boulevards, roads, alleys, lanes, viaducts, highways, courts, places, squares, curbs, and all other public ways in the town which are dedicated and open to public use.

SUBCHAPTER.

  1. Some chapters are divided into SUBCHAPTERS. A SUBCHAPTER is a division of a chapter that sets apart a group of sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS.
  2. A SUBCHAPTER is designated in the code by an italicized, boldfaced and centered heading in the chapter analysis, and an italicized, boldfaced, centered and all caps heading in the body of the chapter.

TENANT. As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.

TENSE. Words used in the past or present tense include the future as well as the past and present.

TOWN. The Town of Fort Gibson, Counties of Cherokee and Muskogee, State of Oklahoma.

WEEK. Seven days.

WHOLESALER, WHOLESALE DEALER. Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles, or things to persons who purchase for the purpose of resale.

WRITTEN, IN WRITING. May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case such person is unable to write, by such person's proper mark.

YEAR. A calendar year.

(Prior Code, § 1-3-2)

The catchlines of sections in this code are printed in italics and citations included at the end of sections are intended to indicate the contents of the section and source respectively. Said catchlines and citations shall not be deemed or taken to be titles and official sources of such sections nor as any part of the section. This includes amendments to and recodification of said catchlines and citations, unless expressly provided otherwise.

(Prior Code, § 1-3-3)

10.20 Repeal Of General Ordinances
10.21 Public Ways And Public Utility Ordinances
10.22 Effect Of Repeal; Court Proceedings
10.23 Severability Clause
10.99 General Penalty

All general ordinances of the town passed prior to the adoption of this town code are hereby repealed, except such as are included in this town code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming, or vacating streets, alleys, or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the town; and all special ordinances.

(Prior Code, § 1-2-1)

No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this town code or by virtue of the preceding section, excepting as this town code may contain provisions for such matters, in which case, this town code shall be considered as amending such ordinance or ordinances in respect to such provisions only.

(Prior Code, § 1-2-2)

  1. Reviving prior ordinances. Any action taken by the Board of Trustees repealing an ordinance shall not revive any other repealed ordinances without the specific action by the Board of Trustees to that effect.
  2. Offenses. No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture, or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture, or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture, or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
  3. Extend to all repeals. This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
  4. Current pending actions.
    1. Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the town herein repealed, and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provisions.
    2. This chapter shall not be deemed as discontinuing, abating, modifying, or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the town under any ordinance or provision thereof in force at the time of the adoption of this town code.

(Prior Code, § 1-2-3)

If any section, division, paragraph, sentence, clause, or phrase of this town code, or any part hereof or any portion adopted by reference or any codes or portions of codes adopted herein, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this code, or any part hereof or any portion adopted by reference or any codes or portions of codes adopted herein. The Board of Trustees hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, divisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

(Prior Code, § 1-2-4)

  1. Penalty established. Except as otherwise provided by state law, whenever in this code or in any ordinance of the town an act is prohibited or is made or declared to be unlawful or whenever in this code or an 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 punished by a fine of not exceeding $200, plus assessment and administrative costs, or by 30 days' imprisonment in the county jail, or both such fine and imprisonment. 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.
  2. Aiding in an offense. 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 an offense and, upon conviction, shall be punishable in the same manner as the offender. (Prior Code, § 1-4-1)
  3. Application of provisions.
    1. Application of penalty. The penalty provided in this section shall be applicable to every section of this town code the same as though it were a part of each and every separate section.
    2. Acts punishable under different sections. In all cases where the same offense is made punishable or is created by different clauses or sections of this town code, the prosecutor may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
    3. Breach of provisions. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this town code and there shall be no fine or penalty specifically declared for such violation, the provisions of this section shall apply. (Prior Code, § 1-4-2)
  4. Liability of officers. No provision of this town code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the Board of Trustees to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (Prior Code, § 1-4-3)
  5. Recovery of fines 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.
  6. SEVERABILITY. Should any section, subsection, sentence, provision, clause, or phrase hereof be held invalid, void, or unconstitutional any other section, subsection, sentence, provision, clause, or phrase of this ordinance and the same are deemed severable for this purpose.
  7. B. (C) Emergency. In order to maintain order for day-to-day operations and for the safety and well-being of the employees and citizens of the Town of Fort Gibson, it is necessary to declare an emergency and order the amendment hereto be immediately effective upon the passage hereof.

(Prior Code, § 1-4-4)

HISTORY
Adopted by Ord. 2025-011 on 10/15/2024
11.01 Official Town Map
11.02 Wards And Boundaries
11.03 Responsibility For Annexation Costs

The map of the town showing its territorial limits is hereby designated as the official map of the town, and the corporate limits and ward boundaries shown thereon are declared to be the true and correct corporate limits and ward boundaries of the town, including all annexations made to the town through and including the date of December 9, 2002.

(Prior Code, § 1-5-1)

The town is divided into five wards as follows:

  1. Ward One. Beginning at the southeast comer of Pea Ridge Road and County Line Road, east to town limits, south along town limits to Poplar Avenue, then west to North Meigs Street, then north to Cemetery Road, then west to North East Street, then south to Garrison Avenue, then northwest along Garrison A venue to Blackjack, then east on Blackjack to Revelle, then north on Revelle to Pea Ridge Road, then northeasterly along Pea Ridge Road to point of beginning;
  2. Ward Two. Beginning at the southeast comer of Capitol Avenue and East Poplar Avenue, then east to town limits east boundary, then south along town limits east boundary to the southeast comer of Hickory Hills Subdivision, then west along the south property line of Hickory Hills Subdivision to South Willey Road, then south along Willey Road to the north property line of 1410, 1412, and 1414 East Benge Road, then east to the east property line of 1414 East Benge Road, then south to East Benge Road, then west along East Benge Road to South Lee Street, then northwest on South Lee Street to Ross Avenue, then north and east along Ross Avenue to a point parallel to the south end of National Boulevard, then east along a line to the south end of National Boulevard, then north along National Boulevard to Walnut Street, then east on Walnut Street to Capital Avenue, then north on Capital Avenue to the point of beginning;
  3. Ward Three. The area lying west of the railroad tracks from the River Park south along the railroad tracks to Highway 62, then east along the south side of Highway 62 to the east property line of Carriage Estates Subdivision, then south along town limits boundary to the river, then west along the town limits boundary to the Muskogee city limits boundary, then north along the town limits boundary to the point of beginning;
  4. Ward Four. Beginning at the southeast comer of the intersection of North East Street and Cemetery Road, then east to North Meigs Street, then south to Poplar Avenue, then west to Capital Avenue, then south to Walnut Avenue, then west to National Boulevard, then south to the end of National Boulevard, then west along a line to Ross Avenue, then south along Ross Avenue to the intersection of Ross A venue and South Lee Street, then north along Lee Street to South A venue, then north on East Street to the point of beginning; and
  5. Ward Five. All that property contained within the town limits situated in Cherokee County, and beginning at the northwest comer of town limits situated in Muskogee County, then east along Muskogee County Line to Pea Ridge Road, then south and west along Pea Ridge Road to Revelle, then south on Revelle to Blackjack, then along Blackjack to Garrison Avenue, then along Garrison Avenue to North East Street, then south on South East Street to South Lee Street, then south along South Lee Street to the south side of Highway 62, then west along Highway 62 to the Union Pacific railroad tracks, then northwesterly along the railroad tracks to the town limits boundary, then north to the point of beginning.

(Prior Code, § 1-5-2) (Ord. 2002-0012, passed 12-9-2002)

Whenever landowners desire to be annexed into the town, they shall be responsible for all costs related to annexing territory to the town including, but not limited to, preparation of the petition, publication fees, preparation of applicable ordinances, and mailing costs.

(Prior Code, § 1-5-3)

CHAPTER 30: TOWN ORGANIZATION
CHAPTER 31: MUNICIPAL COURT
CHAPTER 32: FINANCE AND TAXATION
CHAPTER 33: TOWN POLICIES
CHAPTER 34: POLICE AND PUBLIC SAFETY

30 Mayor And Board Of Trustees
30 Town Officers And Personnel

30.01 Elected Officials; Composition; Terms Of Office
30.02 General Powers Of Town Vested In Board Of Trustees
30.03 Mayor
30.04 Meetings
30.05 Rules Of Order And Procedure
30.06 Trustee/Committees To Perform Duties
30.07 Compensation

  1. Election; composition. The Board of Trustees shall consist of five members elected as provided by law.
  2. Terms of office.
    1. The term of office for a Trustee shall be four years beginning at 12:00 noon on the second Monday following the general municipal election. The Trustee shall serve until his or her successor is elected and qualified. The terms of the Trustees shall be staggered so that at one general municipal election, the following Trustees are elected for four-year terms:
      1. Trustees from wards one, three, and five
    2. At the next general municipal election, the following officers are to be elected for four-year terms:
      1. Trustee from wards two and four
    3. The resolution of the Board of Trustees calling for a general or special election to fill the office of Trustee shall state the number of four-year terms and the number of unexpired terms, if any, to be filled.

(Prior Code, § 1-6-1) As amended by Ordinance 2026-013 on June 8, 2026

Pursuant to the provisions of 11 O.S. §§ 12-101 et seq., the town shall have all the powers, functions, rights, privileges, franchises, and immunities granted, or which may be granted, to towns governed by the Statutory Town Board of Trustees form of government. These powers shall be exercised as provided by law applicable to towns under the Board of Trustees form of government, or, if the manner is not prescribed, then in such manner as the Board of Trustees may prescribe. The powers, rights, and authorities of the town, including the determination of matters of policy, shall be vested in and exercised by the Board of Trustees.

(Prior Code, § 1-6-2)

  1. Election by Board; term. The Board of Trustees shall elect from among its members a Mayor. The Mayor shall be elected in each odd numbered year at the first Board of Trustees meeting held after Trustee terms begin, or as soon thereafter as practicable. The Mayor shall serve until his or her successor has been elected and qualified.
  2. Absences and vacancies. During the absence, disability, or suspension of the Mayor, the Board shall elect from among its members an Acting Mayor. When a vacancy occurs in the office of the Mayor, the Board shall elect another Mayor from among its members to serve for the duration of the unexpired term.
  3. Powers and duties. The Mayor shall preside at meetings of the Board and shall certify to the correct enrollment of all ordinances and resolutions passed by it. He or she shall be recognized as head of the town government for all ceremonial purposes and shall have such other powers, duties, and functions as may be prescribed by law or ordinance. The Mayor shall have all the powers, rights, privileges, duties and responsibilities of a Trustee, including the right to vote on questions.

(Prior Code, § 1-6-3)

  1. Regular meetings. Effective October 1, 2018, the Board of Trustees shall meet regularly, on the second and fourth Mondays of each month, at 6:00 p.m., and at such other times as it may prescribe by ordinance, resolution, or otherwise, at the town hall. Where the day for a meeting falls upon a day which is a legal holiday in the state, the meeting shall be held on the next succeeding day which is not a holiday.
  2. Special meetings. Special meetings may be called by the Mayor or any three Trustees.
  3. Meeting place. Every meeting of the Board of Trustees shall be held in the town hall unless, in case of an emergency, the Mayor designates another place in the town for the holding of a special meeting. Any adjourned meeting may be held at any other place within the town designated by the Board.
  4. Quorum. A majority of all the members of the Board shall constitute a quorum to do business, but a smaller number may adjourn from day to day.

(Prior Code, § 1-6-4) (Ord. 2018-009, passed 6-28-2018)

  1. Authority; attendance. The Board may determine its own rules, and may compel the attendance of absent members in the manner and under penalties as the Board may prescribe. Whenever a Trustee is absent from more than one-half of all meetings of the Board, regular and special, held within any period of four consecutive months, he or she shall thereupon automatically cease to hold office.
  2. Order of business. The order of business for each meeting of the Board may be as posted on the agenda for the meeting.
  3. Rules of procedure. The following rules of procedure shall apply to any regular or special meeting of the Board unless three Trustees agree to waive the rule or rules:
    1. At the request of the Mayor or any Board member, all motions shall be reduced to writing;
    2. A motion to reconsider any of the proceedings of the Board shall not be entertained unless it be made by a member who previously voted in the majority;
    3. No motion shall be debated or put until it is seconded and stated by the Mayor. It is then in possession of the Board and cannot be withdrawn but by leave of the Board;

      1. A motion to adjourn shall be in order at any time, except as follows:
        1. When repeated without intervening business or discussion;
        2. When made as an interruption of a member while speaking;
        3. When the previous question has been ordered; or
        4. While a vote is being taken.
      2. A motion to adjourn is debatable only as to the time to which the meeting is adjourned.
    4. When a question is under debate, no motion shall be received but the following, which several motions shall have precedence in the order they stand arranged:
      1. To adjourn;
      2. To lay on the table;
      3. For the previous question;
      4. To postpone to a day certain;
      5. To commit;
      6. To amend; or
      7. To postpone indefinitely.
    5. When a proper motion is made, but information is wanted, the motion is to postpone to a day certain;
    6. Matters claiming present attention for which it is desired to reserve for more suitable occasion, the order is a motion to lay on the table; the matter may then be called for at any time. If the proposition may need further consideration at the hands of a committee, the motion is to refer to a committee, but if it needs but a few and simple amendments, the Board shall proceed to consider and amend at once;
    7. On an amendment's being moved, a member who has spoken on the main question may speak again to the amendment;
    8. The question is to be put first on the affirmative and then on the negative side. After the affirmative part of the question has been put, any member who has not spoken before to the question may arise and speak before the negative be put; and
    9. When a question has been moved and seconded and has been put by the presiding officer in the affirmative and negative, it cannot be debated unless under motion for reconsideration.

(Prior Code, § 1-6-5)

The Board of Trustees may designate various ones of its members or a committee of its member's to have supervision of various personnel and activities of the town, such as streets, water systems, and so on, and may give each such Trustee or committee designated an appropriate title. Each such Trustee or committee so designated shall be subordinate to the Board.

(Prior Code, § 1-6-6)

Members of the Board of Trustees will be compensated at the rate of $325 per member per meeting attended (includes regular, special and emergency meetings).

(Prior Code, § 1-6-7) (Ord. 2025-016, passed 3-10-2025)

30.20 Town Clerk; Town Treasurer
30.21 Town Administration
30.22 Town Attorney
30.23 Health Officer
30.24 Code Enforcement Officer
30.25 Other Personnel
30.26 Oath Of Office
30.27 Bonds
30.28 Officers To Continue
30.29 Compensation
30.30 Personnel Handbook
30.31 Social Security
30.32 Employee Retirement System

  1. Town Clerk.
    1. Appointed official; term. The Town Clerk is an appointed official by the Board of Trustees for a four-year term. The Town Clerk may be reappointed at the end of each four-year term, without limitation, at the discretion of the Board of Trustees.
    2. Powers and duties generally. The Town Clerk shall:
      1. Keep the journal of the proceedings of the Board of Trustees;
      2. Enroll in a book kept for that purpose all ordinances and resolutions passed by the Board of Trustees;
      3. Have custody of documents, records, and archives as may be provided by law or ordinance and have custody of the town seal;
      4. Attest and affix the seal of the town to documents as required by law or ordinance; and
      5. Have such other powers, duties, and functions as may be prescribed by law or ordinance or by the Board of Trustees.
    3. Compensation. The Town Clerk will be compensated at the rate of $200 per meeting attended (includes regular, special, and emergency meetings).
    4. Hired position; additional duties; compensation.
      1. Hired position. The Executive Assistant shall be hired by the Board at the Board's discretion after following procedures established by the Board and relevant and applicable laws.
      2. Additional duties. Additional duties and responsibilities of the Executive Assistant who may also serve as Town Clerk are as follows:
        1. Serve as Executive Assistant 40 hours per week as directed by the Town Administrator performing the following duties:
          1. Assist visitors, answer phone, relay messages, and other related duties;
          2. Provide assistance and/or instructions to citizens regarding questions related to zoning code requirements, and the like;
          3. Conduct research and provide information to department personnel and citizens regarding property descriptions and ownership, abatement and condemnation actions, town codes and ordinances, town/county limits, and the like;
          4. Perform numerous duties such as typing reports, letters, contracts, and the like; filing; copying; completing work orders; proofreading, and the like, as directed by the Town Administrator;
          5. Perform other duties as directed in a manner which supports the overall effectiveness of the town;
          6. Consistently demonstrate accountability to the Town Administrator for proper job performance;
          7. Ask questions and/or seek guidance, clarification, and/or direction from appropriate individual as necessary for successful and efficient performance of job duties;
          8. Maintain cemetery files and update cemetery map; prepare cemetery deeds;
          9. Serve as Executive Assistant to the various Town recommending boards and commissions, and the like, including, but not limited to, Planning and Zoning Commission, Parks and Recreation Committee, Board of Adjustment,
          10. Special projects as directed by the Town Administrator.

      3. Compensation. The Executive Assistant who may also serve as Town Clerk shall be compensated for all duties performed for the Town in addition to his or her Town Clerk duties. This same Executive Assistant shall also be paid time and one-half for all hours worked over 40 hours per week. All overtime must be approved by the Town Administrator. This same Executive Assistant, since serving as a full-time employee of the Town, will also be provided all benefits provided by the Town to any of its nonpolice, full-time employees.
  2. Town Treasurer.
    1. Appointed official; term. The Town Treasurer is an appointed official by the Board of Trustees for a four-year term. The Town Treasurer may be reappointed at the end of each four-year term, without limitation, at t he discretion of the Board of Trustees.
    2. Powers and duties. The Town Treasurer shall:
      1. Maintain accounts and books to show where and from what source all monies paid to him or her have been derived and to whom and when any monies have been paid;
      2. Deposit daily funds received for the town in depositories as the Board may designate; and
      3. Have such other powers, duties and functions as may be prescribed by law or ordinance.
    3. Books and accounts available for inspection. The Treasurer's books and accounts shall at all times be subject to examination by the Board.
    4. Compensation. The Town Treasurer will be compensated at the rate of four hundred dollars ($400.00) per month.
  3. Town Clerk/Treasurer.
    1. Positions may be combined. The Board of Trustees may elect to combine the position of Town Clerk and Town Treasurer pursuant to state statutes into the position of Town Clerk/Treasurer.
    2. Elected official; term. In the event of consolidation of the two offices, the Town Clerk/Treasurer would be an elected official of the town, elected for a four-year term.
    3. Powers and duties. The Town Clerk/Treasurer shall perform all the powers and duties assigned to both the Town Clerk and the Town Treasurer as provided in divisions (A) and (B) of this section.
    4. Books and accounts available. The Clerk/Treasurer's books and accounts shall at all times be subject to examination by the Board.
  4. Deputy Clerk and Deputy Treasurer. There are hereby created the offices of Deputy Town Clerk and Deputy Town Treasurer. Persons appointed to fill the positions shall be appointed by the Board of Trustees.

(Prior Code, § 1-7-1)

HISTORY
Amended by Ord. 2027-002 on 7/13/2026
  1. Powers and duties. The Town Administrator shall serve as the administrative head of the municipal government in accordance with the policies determined by the Board of Trustees and shall be granted the following responsibilities:
    1. Performs all administrative duties necessary to facilitate daily operations of the town and all the activities of departments, performing all functions such as collection and disbursement of taxes, fire protection, law enforcement, and construction of public works;
    2. Prepares the annual budget and submits such to elected officials for discussion and approval;
    3. Performs all personnel functions including, but not limited to:
      1. Accepting applications for employment, meeting with and obtaining recommendations from department heads for hiring, and bringing recommendations to the Board of Trustees for approval;
      2. Notifying the Board of Trustees and Town Attorneys of any infraction or violation by a town employee of any town personnel policy, town ordinance, state statute, or federal statute which could result in or require disciplinary action of the employee;
      3. Administering disciplinary action if so directed by the Board of Trustees;
      4. Notifying the Board of Trustees and Town Attorneys of any disciplinary action that will occur or has occurred to an employee by a department head;
      5. Notifying Town Attorneys and the town's insurance carrier of any claims or lawsuits received by the town or filed against the town;
      6. Recommends to the Board of Trustees promotions of employees;
      7. Conducts and has responsibility for performance evaluations of department heads and administrative staff and presentation of such to the Board of Trustees for approval;
      8. Presents department head performance evaluations of employees to the Board of Trustees for final approval;
      9. Updates personnel policy manual and job descriptions for all employees at the direction of the Board of Trustees or subject to the approval of the Board of Trustees; and
      10. Conducts and has responsibility for all other personnel actions as they occur and are as necessary, subject to approval of the Board of Trustees.
    4. Maintains a purchasing policy for the town as prescribed by state statutes;
    5. Plans for future development of urban and nonurban areas to provide for population growth and expansion of public services;
    6. Ensures that all laws and ordinances governing the town are enforced;
    7. Administrative management of all public works of the town and the repair and maintenance thereof and of the public utilities of the town;
    8. Administrative management of the town parks;
    9. Reports to the Board and attends all meetings of the Board;
    10. Recommends to the Board for adoption, such measures as deemed necessary or expedient;
    11. Keeps the Board fully advised as to the financial condition of the town;
    12. Sees that all franchise rights and provisions are justly enforced;
    13. Creates such departments for the more efficient and economical administration of the affairs of the town as deemed necessary and expedient, subject to the approval of the Board of Trustees;
    14. Enforces safety rules and encourages safety application for employees, conforming to the safety guidelines set by the town;
    15. Introduces employee training programs and customer techniques;
    16. Works with various federal, regional, state, and local entities as needed to promote and benefit the town;
    17. Represents the town at various functions, meetings, seminars and conferences and works toward increasing citizen participation in local government;
    18. Prepares and posts agendas as required prior to all Board of Trustees meetings;
    19. Serves as Utility Administrator for the town Utility Authority with the same duties and responsibilities as are set forth above; and
    20. Performs other duties as specified by the Board of Trustees.
  2. Absence of Administrator; Deputy Town Administrator will approve purchase orders. In the absence of the Town Administrator for a period longer than two working days, Monday through Friday, excluding holidays, the Deputy Town Administrator is authorized to approve purchase orders as would the Town Administrator. At any time the Town Administrator is absent from the Town for any period the Town Administrator may appoint the Deputy Town Administrator as Acting Town Administrator giving said Deputy Town Administrator all of the power and authority of the Town Administrator on a temporary basis during such appointment. Each such appointment shall be done in writing and for a specified period of time during the Town Administrator's absence, which may be extended as necessary.
  3. Repealer
  4. Emergency

(Prior Code, § 1-7-2)

HISTORY
Amended by Ord. 2023-023 on 6/26/2023

The Board of Trustees may appoint a Town Attorney or may secure the services of an attorney or attorneys on a contractual basis when needed. The Town Attorney, when and if appointed, shall be the legal adviser of the Board, all officers, departments, and agencies of the town government in matters relating to their official powers and duties. He or she may represent the town in proceedings in the courts and perform services incident to his or her position which may be required by law or ordinance.

(Prior Code,§ 1-7-3)

The Board of Trustees may appoint a Town Health Officer. The County Health Officer or any qualified personnel of the State Department of Health may perform the duties and functions of a town health officer if so designated by the town.

(Prior Code, § 1-7-4)

  1. Office created; qualifications. The office of Code Enforcement Officer is hereby created. The qualifications for such office shall be determined by the Board of Trustees.
  2. Powers and duties.

      1. The duties of the Code Enforcement Officer will be to perform all duties customarily performed by persons engaged in the service of building, including, but not limited to, the following:
        1. Adhere to the building codes and ordinances adopted by the town;
        2. Review all building permit applications in a timely manner;
        3. Approve building permit applications that comply with applicable codes and ordinances;
        4. Inspect all structures constructed in the municipal limits of the town that require a building permit;
        5. Assist in the development and improvement of a building inspection program for the town and perform other duties as assigned by the town; and
        6. Perform any additional duties as directed by the Board of Trustees or the town designee.
      2. The Code Enforcement Officer shall be responsible for the enforcement of this title and is hereby authorized to file complaints in the municipal court for violations of this title.
    1. The Building Director/Code Officer, in the discharge of his or her duties and upon proper identification, shall have the authority to enter upon any premises or enter any building or structure at any reasonable hour.
  3. Compensation. The compensation for the office of Building Director/Code Officer and the terms and conditions of such office will be set by the Board of Trustees.

(Prior Code, § 1-7-5) (Ord. 1996-8-3, passed 8-26-1996; Ord. 1997-3-1, passed 3-10-1997; Ord. 2023-004, passed 11-28-2022)

  1. Appointments.
    1. Generally. The Board of Trustees may appoint such other officers and employees as it deems desirable and may determine their compensation by motion or resolution. Provided, the Town Administrator/Utilities Administrator shall have hiring and firing authority over all employees necessary for the day-to-day operations of the municipal government and Utilities Authority and in emergency situations as may become necessary. As used in this section, the term EMERGENCY shall be defined to mean an unexpected or unforeseen contingency or catastrophic event affecting the health, safety, or welfare of the citizens of the Town of Fort Gibson
    2. Personnel in emergencies. The Board of Trustees may determine the compensation of such emergency employees by motion or resolution and may direct the demotion, layoff, or removal of such personnel at the conclusion of such emergency.
  2. Removals. The Town Administrator may demote, suspend, lay off, or remove all such personnel in compliance with applicable due process and other requirements of law. An employee or officer who, after a probationary period as set by the Town Board, is laid off, suspended without pay for more than ten days, demoted, or removed, may appeal in writing to the Town Board. The appeal must be filed with the Town Clerk for transmittal to the Board within ten days after receipt of the notice of the layoff, suspension, demotion, or removal. As soon as practicable thereafter, the Board shall conduct a hearing on the appeal, or give an adequate opportunity therefor, and shall report in writing its findings and recommendations and make its final decision in writing regarding the appellant's layoff, suspension, demotion, or removal. If the Board finds that the layoff, suspension, demotion or removal was made in error, it shall veto the layoff, suspension, demotion or removal and order the reinstatement of the employee or officer. Any proceedings of the Board shall be subject to open meeting laws and applicable exceptions provided for executive sessions. Employees or officers on probationary status may be laid off, suspended without pay, demoted, or removed at any time without appellate rights as set forth in this section.
  3. Emergency. In order to maintain order for day-to-day operations and for the safety and well-being of the employees and citizens of the Town of Fort Gibson, it is necessary to declare an emergency and order the amendment hereto be immediately effective upon the passage hereof.

(Prior Code, § 1-7-6)

HISTORY
Amended by Ord. 2024-003 on 8/1/2023

Officers of the town shall take the oath or affirmation of office prescribed by the state constitution before they enter upon their duties.

(Prior Code, § 1-7-7)

The Board shall require the Town Clerk and Town Treasurer and any other officers and employees as it may designate by ordinance or otherwise to give bond for the faithful performance of duties in such amount and form as the Board shall prescribe. The town shall pay the premiums on such bonds and may require the officer to secure the bond within ten days after his or her election or appointment.

(Prior Code, § 1-7-8)

Every officer who is elected or appointed for a definite term shall continue to serve thereafter until his or her successor is elected or appointed and qualifies, unless his or her services are sooner terminated by resignation, disqualification, removal, death, abolition of the office, or other legal manner.

(Prior Code, § 1-7-9)

  1. Elective officers; fixed by ordinance. The compensation of all elective town officers, including the following, shall be fixed by ordinance:
    1. Mayor;
    2. Each Trustee;
    3. Town Clerk; and
    4. Town Treasurer.
  2. Other officers and employees; number and classes of personnel.
    1. The compensation of all other officers and employees excepting those whose compensation the law requires to be set by ordinance, may be determined by motion or resolution adopted by the Board of Trustees, and may be changed at any time in the same manner.
    2. Except as the law provides otherwise, the Board of Trustees may determine or regulate the number and classes of officers and employees.
  3. Compensation of certain officers not changed after election or appointment. In no case shall the salary or emoluments of any town officer elected or appointed for a definite term be changed after his or her election or appointment or during his or her term of office unless by operation of an ordinance passed prior to such election or appointment, such being prohibited by the Constitution, Article 23, Section 10. This provision shall not apply to officers chosen for indefinite terms nor to employees.

(Prior Code, § 1-7-10)

  1. Handbook adopted. The Personnel Handbook is incorporated herein and adopted in full by this reference.
  2. Administration of personnel policies. The Board of Trustees shall be responsible for the administration of all provisions outlined in the Personnel Handbook. The Board of Trustees may adopt, amend, or rescind written administrative procedures consistent with these policies and procedures, and the Board of Trustees shall perform any other lawful acts which are considered necessary or desirable to implement the purpose of the personnel system and the provisions outlined in the Personnel Handbook.
  3. Amendments. Amendments to this section shall be recommended to and adopted by the Board of Trustees prior to becoming effective. The following are resolutions that amend the Personnel Handbook:

    Resolution 1997-4-1

(Prior Code, § 1-7-11) (Res. 1997-2-1, passed 3-10-1997)

  1. Declaration of policy. It is hereby declared to be the policy and purpose of the town to extend, at the earliest date, to the eligible employees and officials of the town the benefits of the system of federal old age and survivors insurance as authorized by the Federal Social Security Act, being 42 U.S.C. §§ 301 et seq. and all amendments thereto, and 51 O.S. §§ 121 et seq. In pursuance of this policy, the officers and employees of the town shall take such action as may be required by applicable state or federal laws or regulations.
  2. Agreement with state. The Mayor is authorized and directed to execute all necessary agreements and amendments with the State Department of Human Services to accomplish the provisions of division (A) above.
  3. Withholdings. Withholdings from salaries or wages of employees and officials for the purposes provided in division (A) above are hereby authorized to be made in the amounts and at such times as may be required by applicable state and federal laws or regulations, and shall be paid over to the state or federal agency designated by the laws and regulations.
  4. Contributions. Employer contributions shall be paid from amounts appropriated for these purposes from available funds to the designated state or federal agency in accordance with applicable state or federal laws or regulations.
  5. Records and reports. The Payroll Clerk shall keep such records and submit such reports as may be required by applicable state or federal laws or regulations.
  6. Exclusions. Excluded from this section authorizing the extension of Social Security benefits to town officers and employees are the following:
    1. Any authority to make any agreement with respect to any position, employee, or official now covered or authorized to be covered by any other ordinance creating any retirement system for any employee or official of the town; or
    2. Any authority to make any agreement with respect to any position, employee, or official for which compensation is on a fee basis, or any position, employee, or official not authorized to be covered by applicable state or federal laws or regulations.

(Prior Code, § 1-7-12)

  1. Authority and purpose. Pursuant to the authority conferred by the laws of the state, and for the purpose of encouraging continuity and meritorious service on the part of town employees and thereby promote public efficiency, there is hereby authorized, created, established, and approved and adopted, effective as of June 27, 2022, the amended and restated plan designated "Employee Retirement System of the Town of Fort Gibson and Fort Gibson Utility Authority, Oklahoma, Defined Contribution Plan", (hereinafter called "system"), an executed counterpart of which is marked exhibit A and exhibit Band attached to Ordinance 2022-010, which ordinance is on file in the office of the Town Clerk for public use and inspection. Said exhibits are made a part hereof by this reference.
  2. Fund. A fund is hereby provided for the exclusive use and benefit of the persons entitled to benefits under the system. All contributions to such fund shall be paid over to and received in trust for such purpose by the town. Such fund shall be pooled for purposes of management and investment with similar funds of other incorporated cities, towns, and municipal trusts in the state as a part of the State Municipal Retirement Fund in accordance with the trust agreement of the State Municipal Retirement Fund, a public trust. The town shall hold such contributions in the form received, and from time to time pay over and transfer the same to the State Municipal Retirement Fund, as duly authorized and directed by the Board of Trustees. The fund shall be nonfiscal and shall not be considered in computing any levy when the annual estimate is made to the County Excise Board.
  3. Appropriations. The town and Fort Gibson Utility Authority is hereby authorized to incur the necessary expenses for the establishment, operation, and administration of the system, and to appropriate and pay the same. In addition, the town and Fort Gibson Utility Authority is hereby authorized to appropriate annually such amounts as are required in addition to employee contributions to maintain the system and the fund in accordance with the prov1S1ons of the defined contribution plan. Any appropriation so made to maintain the system and fund shall be for deferred wages or salaries, and for the payment of necessary expenses of operation and administration to be transferred to the trustees of the State Municipal Retirement Fund for such purposes and shall be paid into the fund when available, to be duly transferred to the State Municipal Retirement Fund.
  4. Execution.
    1. The Mayor and Town Clerk are each hereby authorized and directed to execute (in counterparts, each of which shall constitute an original) the system instrument, and to do all other acts and things necessary, advisable, and proper to put said system and related trust into full force and effect, and to make such changes therein as may be necessary to qualify the same under I.R.C. §§ 401(a) and 501(a), being 26 U.S.C. §§ 401(a) and 501(a). The counterpart attached to Ordinance 2022-010 as Exhibits A and B, which has been duly executed as aforesaid simultaneously with the passage of this section and made a part hereof, is hereby ratified and confirmed in all respects.
    2. The Board of Trustees (governing body) is hereby authorized and directed to proceed immediately on behalf of the town and Fort Gibson Utility Authority to pool and combine the fund into the State Municipal Retirement Fund as a part thereof, with similar funds of such other cities and towns, for purposes of pooled management and investment.

(Prior Code, § 1-7-13) (Ord. 2022-010, passed 6-27-2022)

31.01 Court Created
31.02 Definitions
31.03 Jurisdiction
31.04 Judge Of The Court
31.05 Change Of Venue Not Allowed
31.06 Chief Of Police
31.07 Clerk Of The Court
31.08 Town Attorney
31.09 Rules Of The Court
31.10 Style Of Prosecutions
31.11 Traffic Violations
31.12 Summons
31.13 Warrant Of Arrest
31.14 Bail Or Bond
31.15 Arraignment
31.16 Trials; Judgments
31.17 Court Costs; Penalties

This chapter shall govern the organization and operation of the Municipal Court of the town, as put into operation by resolution duly passed and filed in accordance with law as authorized by 11 O.S. §§ 27-101 and 27-102. To the extent of conflict between any provisions of this chapter and the provisions of any ordinance of the town, the provisions of this chapter shall control.

(Prior Code, § 1-8-1)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHIEF OF POLICE. The peace officer in charge of the Police Department of the town.

CLERK. The Clerk of the town, including any deputy or member of the office staff of the Clerk while performing duties of the Clerk's office.

COURT. The Municipal Court of the town.

GOVERNING BODY. The Board of Trustees of the town.

JUDGE. The Judge of the Municipal Court, including any acting judge or alternate judge thereof as provided for by the statutes of the state and this chapter.

THIS JUDICIAL DISTRICT. The district court judicial district of the state wherein the government of the town is situated.

TOWN or THE TOWN. The Town of Fort Gibson, Oklahoma.

(Prior Code, § 1-8-2)

The Court shall exercise original jurisdiction to hear and determine all prosecutions wherein a violation of any ordinance of the town is charged, including any such prosecutions transferred to the court in accordance with applicable law.

(Prior Code, § 1-8-3)

  1. Number of Judges; qualifications. There shall be one Judge of the Court. A Judge may be an attorney licensed to practice law in the state or a resident of the town, of the age of 21 years or older, and possessed of good moral character. A Judge who is a licensed attorney may engage in the practice of law in other courts, but he or she shall not accept employment inconsistent with his or her duties as Judge, or arising out of facts which give rise to or are connected with cases within the jurisdiction of the court pending therein, or which might become the subject of proceedings therein. He or she must be a resident of the county or maintain a law office therein. He or she may serve as Judge of other municipal courts, if such service may be accomplished consistent with his or her duties as Judge of this Court, with the consent of the Mayor and Town Board.
  2. Term of Judge. The official term of the Judge shall be two years, expiring on a date fixed by the Board of Trustees in each odd numbered year. Each Judge, unless sooner removed for proper cause, shall serve until his or her successor is appointed and qualified.
  3. Alternate Judge. There shall be appointed for each Judge of the Court an Alternate Judge, possessed of the same qualifications required of the Judge in this chapter. His or her appointment shall be for the same term and made in the same manner as the Judge. He or she shall sit as Acting Judge of the Court in any case if the Judge is:
    1. Absent from the court;
    2. Unable to act as Judge; or
    3. Disqualified from acting as Judge in the case.
  4. Acting Judge. If at any time there is no Judge or Alternate Judge, duly appointed and qualified, available to sit as Judge, the Mayor shall appoint some person, possessing the qualifications required by this chapter for the Judge, who shall preside as Acting Judge over the Court in the disposition of pending matters until such time as a Judge or Alternate Judge shall be available.
  5. Appointment of Judge and Alternate Judge. Judges and Alternate Judges shall be appointed by the Mayor with the consent of the Board of Trustees. A proposed appointment shall be submitted in writing to the Board of Trustees at the next to the last regularly scheduled meeting prior to the day upon which the appointment is to take effect, and shall be acted upon at the next regularly scheduled meeting. The Board of Trustees may decide upon the proposed appointment by a majority vote of a quorum present and acting. Failure of decision upon a proposed appointment shall not prevent action thereon at a later regularly scheduled meeting of the Board of Trustees, unless the Mayor, in writing, withdraws the proposed appointment.
  6. Compensation.
    1. Judge. A Judge, other than an Alternate Judge or an Acting Judge, shall receive a salary as set by the Board of Trustees by motion or resolution, paid in the same manner as the salaries of other officials of the town.
    2. Alternate and Acting Judges. An Alternate Judge or an Acting Judge shall be paid an amount as set by motion or resolution of the Board of Trustees, however, payments to an Acting or Alternate Judge shall not exceed the salary set for a Judge in whose stead he or she sits.
  7. Removal.
    1. Removal for cause. Judges shall be subject to removal from office by the Board of Trustees for the causes prescribed by the constitution and laws of the state for the removal of public officers.
    2. Filing of petition. Proceedings for removal shall be instituted by the filing of a verified written petition setting forth facts sufficient to constitute one or more legal grounds for removal. Petitions may be signed and filed by:
      1. The Mayor; or
      2. Twenty-five or more qualified electors of the town. Verification of the number or qualifications of electors shall be executed by one or more of the petitioners.
    3. Hearing; notice. The governing body shall set a date for hearing the matter and shall cause notice thereof, together with a copy of the petition, to be served personally upon the Judge at least ten days before the hearing.
      1. At the hearing, the Judge shall be entitled to:
        1. Representation by counsel;
        2. Present testimony and to cross examine the witnesses against him or her; and
        3. Have all evidence against him presented in open hearing.
      2. So far as they can be applicable, the provisions of the State Administrative Procedures Act governing individual proceedings, 75 O.S. §§ 309 to 317 and any amendments thereto, shall govern removal proceedings hereunder. Judgment of removal shall be entered only upon individual votes, by a majority of all members of the Board of Trustees, in favor of such removal.
  8. Vacancy in office.
    1. Cause of vacancy. A vacancy in the office of Judge shall occur if the incumbent:
      1. Dies;
      2. Resigns;
      3. Ceases to possess the qualifications for the office; or
      4. Is removed, and the removal proceedings have been affirmed finally in judicial proceedings or are no longer subject to judicial review.
    2. Filling vacancy. Upon the occurrence of a vacancy in the office of Judge, the Mayor, with the consent of the Board of Trustees, shall appoint a successor to complete the unexpired term.

(Prior Code, § 1-8-4)

In prosecutions before the Court, no change of venue shall be allowed; but the judge before whom the case is pending may certify his or her disqualification or he or she may be disqualified from sitting under the terms, conditions and procedures provided by law for courts of record. If a Judge is disqualified, the matter shall be heard by an Alternate or Acting Judge appointed as provided in this chapter.

(Prior Code, § 1-8-5)

All writs or processes of the Court shall be directed, in his or her official title, to the Chief of Police, who shall be the principal officer of the Court.

(Prior Code, § 1-8-6)

  1. Appointment. The Court Clerk of the town shall be appointed by the Board of Trustees and shall serve at the pleasure of the Board of Trustees.
  2. Duties and responsibilities. The duties and responsibilities of the Town Court Clerk shall be as follows:
    1. Assist the Municipal Judge in recording the proceedings of the Court and in preparing writs, processes, or other documents;
    2. Administer oaths required in proceedings before the Court;
    3. Enter all pleadings, processes, and proceedings in the docket of the Court;
    4. Perform such other clerical duties in relation to the proceedings of the Court as the Municipal Judge shall direct;
    5. Receive and give receipt for and disburse or deliver to the Town Treasurer all fines, forfeitures, fees, deposits, and sums of money properly payable to the Municipal Court; and
    6. Perform other duties as assigned.
  3. Disposition of funds. All monies paid to the Clerk shall be placed in the General Fund of the town, or in such other funds as the Board of Trustees may direct, and it shall be used in the operation of the municipal government in accordance with budgetary arrangements governing the fund in which it is placed.
  4. Bond. The Clerk of the Court shall give bond, in the form provided by 11 O.S. § 27-111 and any amendments thereto. When executed, the bond shall be submitted to the Board of Trustees for approval. When approved, it shall be filed with the Town Clerk and retained in the municipal archives.
  5. Compensation. The Court Clerk shall be compensated at a rate of $120 per month.

(Prior Code, § 1-8-7) (Ord. 1997-5-2, 5-27-1997)

The Attorney for the town, or his or her duly designated assistant, may be the prosecuting officer of the Court. He or she shall prosecute all alleged violations of the ordinances of the town and may be authorized, in his or her discretion, to prosecute and resist appeal and proceedings in error and review from the court to any other court of the state, and to represent the town in all proceedings arising out of matters in the Court.

(Prior Code, § 1-8-8)

  1. Rules prescribed. The Judge may prescribe rules, consistent with the laws of the state and with the ordinances of the town, for the proper conduct of the business of the court.
  2. Enforcement of rules; contempt. Obedience to the orders, rules, and judgments made by the Judge or by the Court may be enforced by the Judge, who may fine or imprison for contempt committed as to him or her while holding court, or committed against process issued by him or her, in the same manner and to the same extent as the district courts of the state.

(Prior Code, § 1-8-9)

All prosecutions for violation of ordinances of the town shall be styled "The Town of Fort Gibson vs. (naming defendant or defendants)." Except as provided hereinafter, prosecution shall be initiated by the filing of a written complaint, subscribed and verified by the person making complaint, and setting forth concisely the offense charged.

(Prior Code, § 1-8-10)

  1. Traffic Violations Bureau.
    1. Bureau established. There may be established a Traffic Violations Bureau for the town. The Traffic Violations Bureau shall be staffed by Court personnel and be physically separate and apart from the Police Department.
    2. Rules. The Judge may establish rules, consistent with the laws of the state and with the ordinances of the town, for the Traffic Violations Bureau.
    3. Fines.
      1. The Traffic Violations Bureau shall accept fines which may be paid in lieu of a court appearance for such traffic offenses as may be designated by the Judge under the Court's rules. The schedule of fines shall be adopted by the Board of Trustees from time to time by motion or resolution. A copy shall be kept in the Clerk's office.
      2. Payment of any fine to the Traffic Violations Bureau shall be deemed a final determination of the cause against the defendant. In no event shall any such payment be introduced as evidence in any civil cause arising out of the offense charged.
      3. In no event shall payment of a fine without court appearance be accepted in the Traffic Violations Bureau for the following offenses:
        1. Driving under the influence of intoxicating liquor or drugs or actual physical control of a vehicle while under the influence of intoxicating liquor or drugs; or
        2. Any charge made because of a motor vehicle accident in which personal injury or death occurred.
  2. Procedures. The procedures followed by the town regarding traffic violations shall be as provided by state statute.

(Prior Code, § 1-8-11)

  1. Warrant of arrest issuance. Upon the filing of a complaint charging violation of any ordinance, the Judge, unless he or she determines to issue a warrant of arrest, or unless the defendant previously has been issued a citation or has been arrested and has given bond for appearance, shall issue a summons, naming the person charged, specifying his or her address or place of residence, if known, stating the offense with which he or she is charged and giving him or her notice to answer the charge in the court on a certain day after the summons is served upon him or her, and including such other pertinent information as may be necessary.
  2. Serving of summons. The summons shall be served by delivering a copy to the defendant personally. If he or she fails to appear and to answer the summons within the prescribed period, a warrant shall be issued for his or her arrest, as provided by this chapter.

(Prior Code, § 1-8-12)

  1. Form of warrant. Except as otherwise provided in the ordinances of the town, upon the filing of a complaint approved by the endorsement of the Town Attorney or by the Judge, there shall be issued a warrant of arrest, in substantially the following form:

    The Town of Fort Gibson, Oklahoma to the Marshal of the Municipal Court of Fort Gibson, Oklahoma.

    Complaint upon oath having this day been made by (naming complainant) that the offense of (naming the offense in particular but general terms) has been committed and accusing (name of defendant) thereof, you are commanded therefor forthwith to arrest the above named defendant and bring the above named (name of defendant) before me, at the municipal courtroom.
  2. Police to execute warrant. It shall be the duty of the Police Chief, personally, or through a duly constituted member of the police force of the town, or through any other person lawfully authorized so to act, to execute a warrant as promptly as possible.

(Prior Code, § 1-8-13)

  1. Amount and conditions. Upon arrest, or upon appearance without arrest, in response to citation or summons, or at any time before trial, before or after arraignment, the defendant shall be eligible to be released upon giving bail for his or her appearance in an amount and upon conditions fixed by this chapter or the Judge, who shall prescribe appropriate rules of court for the receipt of bail.
  2. Temporary cash bond. In case of arrests made at night or under other conditions of emergency or when the Judge is not available, the rules shall authorize the Chief of Police, or his or her designated representative, to accept a temporary cash bond of not more than the maximum monetary penalty provided by ordinance for the offense charged.
  3. Bail bond schedule. A bail bond schedule may be adopted by the Board of Trustees and amended from time to time by motion or resolution.

(Prior Code, § 1-8-14)

Upon making his or her appearance before the court, the defendant shall be arraigned. The Judge, or the Town Attorney, shall read the complaint to the defendant, inform him or her of his or her legal rights, including the right of trial by jury, if available, and of the consequences of conviction, and ask him or her whether he or she pleads guilty or not guilty. If the defendant pleads guilty, the court may proceed to judgment and sentence or may continue the matter for subsequent disposition. If the plea is not guilty, and the case is not for jury trial, the court may proceed to try the case, or may set it for hearing at a later date.

(Prior Code, § 1-8-15)

  1. Postponement. Before trial commences, upon good cause shown, the defendant may obtain a reasonable postponement thereof.
  2. Presence of defendant. The defendant must be present in person at the trial.
  3. Procedure generally. In all trials, as to matters not covered in this chapter, or by the statutes relating to municipal courts, or by rules duly promulgated by the supreme court of the state, the procedure applicable in trials of misdemeanors in the district courts shall apply to the extent that they can be made effective.
  4. Trial by jury.
    1. Jury trial; waiver.
      1. In all prosecutions for violations of ordinances punishable by fine of more than $200, or by imprisonment, or by both fine and imprisonment, trial shall be by jury, unless waived by the defendant. If trial by jury is waived, trial shall be to the court.
      2. At arraignment, the defendant shall be asked whether he or she demands or waives trial by jury. His or her election shall be recorded in the minutes of the arraignment and entered on the docket of the court respecting proceedings in the case.
      3. An election waiving jury trial, made at arraignment, may be changed by the defendant at any time prior to the day for which trial by the court is set. An election demanding jury trial may be changed at any time prior to the commencement of proceedings to impanel the jury for the trial, but if that change occurs after the case has been set for jury trial, it may not thereafter be rechanged so as again to demand trial by jury.
    2. Jury trial procedures.
      1. Whenever a calendar has been made up for the trial of cases by jury, the Judge shall request, in writing, the presiding Judge of the district court for this judicial district to cause the names of a stated number of jurors, deemed sufficient to dispose of the cases on the calendar, to be drawn from the jury wheel in accordance with the governing statutes of the state, and to be certified by the clerk of the district court to the Judge of the Municipal Court. The request shall be made in time for the list to be certified and the jurors to be summoned legally before the trial on the calendar begins. If it is anticipated that the completion of the calendar will require more than two weeks, the request for jurors shall specify the number required for each two-week period, as provided by law for the drawing of jurors for the district court. Additional drawing of other names also may be requested by the Judge, when necessary, in accordance with the law for such additional drawings in the district court. If, in the future, provisions of the law respecting the drawing of jury lists for the district court are changed, the Judge shall take such steps in requesting jury lists for the court as are necessary to comply with state law.
      2. Upon receipt of the jury list, the Clerk of the Court shall cause a summons substantially in the following form to be issued and served upon each person on the list:

        STATE OF OKLAHOMA )
        ) SS:
        COUNTY OF MUSKOGEE )

        TO ________________ GREETING: you hereby are summoned to appear in the Municipal Court for the Town of Ft. Gibson, Oklahoma, to be held at _______________ on the _____ day of ___________ 20 ___, at the hour of ____ o'clock ___.M., to serve as a juror in said court, and to continue in such service until discharged by the court.

        Hereof fail not, under penalty of law.

        Issued under the authority of said court, this ____ day of __________, 20___.

        ________________________________________
        Clerk of the Municipal Court
        of the Town of Ft. Gibson, Oklahoma

      3. Service shall be made, as the Judge may prescribe by rule or direct by order, either in person upon the juror by the Chief of Police or by any member of the police force of the town, or by the Clerk of the Court, through certified mail, directed to the juror at his or her address, as given in the jury list, with request for a personally signed return receipt. In any proceeding wherein service of summons by mail is in issue, evidence of the due mailing of the summons by the Clerk or a member of his or her staff and the presentation of an official postal return receipt purportedly signed by the addressee shall be prima facie evidence that the summons was duly received by the addressee and, therefore, that he or she was properly served therewith.
      4. A jury in the Court shall consist of six jurors, good and lawful men or women, citizens of the County of Muskogee, possessing the qualifications of jurors in district court.
      5. After the jurors are sworn, they must sit together and hear the proofs and oral arguments of the parties, which must be delivered in public and in the presence of the defendant.
      6. A verdict of the jury may be rendered by the vote of five jurors.
      7. In all actions tried before a jury, the Judge shall determine all questions of law, including questions as to the introduction of evidence, arising during the trial. The Judge also shall instruct the jury as to the law.
      8. The verdict of the jury, in all cases, must be general. When the jury has arrived at its verdict, it must deliver the verdict publicly to the Court. The Judge must enter the verdict in the docket or cause it to be so entered.
      9. The jury must not be discharged after the case is submitted to it until a verdict is rendered, unless the Judge, for good cause, discharges it sooner, in which event, the Court may proceed again to trial, and so on, until a verdict is rendered.
  5. Judgments.
    1. If the defendant pleads guilty or is convicted after the trial, the Court must render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinance and imposing sentence accordingly.
    2. At the close of trial, judgment must be rendered immediately by the Judge who shall cause it to be entered in his or her docket.
    3. If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he or she must be discharged at once.
    4. A judgment that the defendant pay a fine may also direct that he or she be imprisoned until the fine is satisfied at the rate of one day imprisonment for each $5 of fine.
  6. Inability to pay fine and costs. If the defendant is without means to pay the fine or costs, the Municipal Judge may direct the total amount due to be entered upon the Court minutes and to be certified to the district court where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. Thereupon, the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.
  7. Witnesses.
    1. Witnesses in any proceeding in the Court, other than the police officers or peace officers, shall be entitled to a sum per each day of attendance, plus mileage for each mile actually and necessarily traveled in going to and returning from the place of attendance if their residence is outside the limits of the town. However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel. A defendant seeking to subpoena witnesses must deposit with the Clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who files an affidavit setting out:
      1. The names of no more than three witnesses;
      2. That the defendant, by reason of his or her poverty, is unable to provide the fees and mileage allowed by law;
      3. That the testimony of the witnesses is material; and
      4. That their attendance at the trial is necessary for his or her proper defense.
    2. The fees of such witnesses shall be paid by the town.
  8. Suspension of sentence. After conviction and sentence, the Judge may suspend sentence, in accordance with the provisions of, and subject to, the conditions and procedures imposed by 11 O.S. §§ 27-123 and 27-124 and any amendments thereto.

(Prior Code, § 1-8-16)

  1. Fine and costs. If judgment of conviction is entered, the Clerk of the Court shall tax the costs to the defendant, which shall be the maximum amount authorized by state law, plus the fees and mileage of witnesses and jurors, but the total amount of fine may not exceed the amount set forth in§ 10.99 of this code and up to 30 days in jail.
  2. Imprisonment.
    1. Sentences executed. If, after conviction, judgment of imprisonment is entered, a copy thereof, certified by the Clerk, shall be delivered to the Chief of Police, the Sheriff of the County or other appropriate police officer. Such copy shall be sufficient warrant for execution of the sentence.
    2. Prisoners to work.
      1. All prisoners confined to jail on conviction or on plea of guilty may be compelled, if their health permits, to work on the public streets, avenues, alleys, parks, buildings, or other public premises or property. For each day of such work, the prisoner shall be credited for serving two days of imprisonment under his or her sentence.
      2. The Chief of Police, subject to the direction of the Board of Trustees, shall direct where the work shall be performed. The head of the department in charge of the place where the work is to be performed, himself, herself or by some person designated by him or her, shall oversee the work. If a guard is necessary, the Chief of Police shall make provision therefor.
  3. Penalty assessments.
    1. Any person convicted of an offense punishable by a fine of $10 or more or by incarceration, excluding parking and standing violations, or any person forfeiting bond when charged with such an offense, shall be ordered by the court to pay $15 as a separate penalty assessment, which shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense. The Court shall provide for separate bail for the penalty assessment. A defendant admitted to bail on an undertaking by a surety may include the amount of the penalty assessment in the undertaking.
    2. Upon conviction or bond forfeiture, the Court shall collect the penalty assessment and deposit it in an account created for that purpose. As an administrative fee for handling funds collected as a penalty assessment, the Court is authorized to retain 2% of such monies and may also retain all interest accrued thereon prior to the due date for deposits as provided in this division. The remainder of such monies shall be forwarded quarterly by the Court Clerk to the state treasury. Deposits shall be due July 15 for the preceding quarter ending June 30, October 15 for the preceding quarter ending September 30, January 15 for the preceding quarter ending December 31, and April 15 for the preceding quarter ending March 31.
    3. As used in this section, CONVICTED means any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere or otherwise, and any deferred or suspended sentence or judgment.

(Prior Code, § 1-8-17)

32 Finance And Budget Administration
32 Sales Tax
32 Use Tax
32 Utilities Tax
32 Telephone Exchange Fee And Tax
32 Hotel Tax

32.001 Deposit Of Town Funds
32.002 Purchases And Contracts

  1. Depositories designated. All banks and all savings and loan associations in the county which are incorporated under federal or state law are hereby designated as depositories for the funds of the town.
  2. Treasurer's duty. The Town Treasurer shall deposit daily all public funds received by him or her in such banks or savings and loan associations.

(Prior Code, § 2-1-1)

  1. Contractual services defined. CONTRACTUAL SERVICES, for the purpose of this chapter, means services performed for the town by persons not in the employ of the town, and may include the use of equipment or the furnishing of commodities in connection with the services under express or implied contract. CONTRACTUAL SERVICES shall include travel; freight; express; parcel post; postage; telephone; telegraph; utilities; rents; printing out; binding; repairs, alterations and maintenance of buildings, equipment, streets and bridges, and other physical facilities of the town; and other services performed for the town by persons not in the employ of the town.
  2. Authority and procedures. All purchases of supplies, materials, equipment, and contractual services for the offices, departments, and agencies of the town government shall be made by the Board of Trustees or by other town personnel in accordance with purchase authorizations issued by the Town Board.
  3. Purchases requiring Board approval. Every contract for, or purchase of, supplies, materials, equipment, or contractual services for more than $30,000 shall require the prior approval of the Board of Trustees.
  4. Competitive bidding.
    1. Before any purchase of, or contract for, supplies, materials, equipment, or contractual services are made, as otherwise provided below, the town shall submit to at least three persons, firms, or corporations dealing in and able to supply the same, or to a smaller number if there are not three dealing in and able to supply the same, a request for quotation, or invitation to bid, and specifications, to give them opportunity to bid; or publish notice of the proposed purchase in a newspaper of general circulation within the town. The town shall favor a person, firm, or corporation in the town when this can be done without additional cost to the town; but shall submit requests for quotation to those outside the town when this may be necessary to secure bids or to create competitive conditions, or when the town thinks that by so doing it can make a saving for the town; and shall purchase from them when the town can make a saving for the town.
    2. All bids shall be sealed and shall be opened in public at a designated time and place.
    3. The town may repeatedly reject all bids and again may submit to the same or other persons, firms, or corporations the request for quotation, or invitation to bid, and again publish notice of the proposed purchase.
    4. The town may purchase from the bidder whose bid is most advantageous to the town, considering price, quality, date of delivery, and so on, and in case of a tie, may purchase from one of those tying, or may divide the purchase among those tying, always accepting the bid or bids most advantageous to the town.
  5. Competitive bidding not required. The following may be purchased without giving an opportunity for competitive bidding:
    1. Supplies, materials, equipment, or contractual services whose cost does not exceed $5,000 in a single transaction;
    2. Supplies, materials, equipment, or contractual services which can be furnished only by a single dealer, or which have a uniform price wherever bought;
    3. Supplies, materials, equipment, or contractual services purchased from another unit of government at a price deemed below that obtainable from private dealers, including government surplus;
    4. Equipment to replace existing equipment which has become inoperable when the Board of Trustees declares the purchase an emergency;
    5. Contractual services, including, but not limited to, natural gas, electricity, and telephone service, purchased from a public utility at a price or rate determined by the State Corporation Commission or other governmental authority;
    6. Supplies, materials, equipment, or contractual services when purchased at a price not exceeding a price set therefor by the state purchasing agency or any other state agency hereafter authorized to regulate prices for things purchased by the state, whether such price is determined by a contract negotiated with a vendor or otherwise; and
    7. Contractual services of a professional nature, such as engineering, architectural, legal, and medical services, unless competitive bidding is required by applicable law or regulations, such as certain federal grants programs.

(Prior Code, § 2-1-2); As amended by Ordinance 2026-010 on April 13, 2026, declared as emergency and effective immediately upon passage.

32.015 Short Title
32.016 Definitions
32.017 Taxes Imposed; Rates; Effective Dates; Purposes
32.018 Subsisting State Permits
32.019 Classification Of Taxpayers
32.020 Sales Subject To Tax; Exemptions
32.021 Tax Due Date
32.022 Payment Of Tax; Brackets
32.023 Collection By Vendors
32.024 Returns, Remittances, And Discounts
32.025 Delinquencies; Interest And Penalties
32.026 Fraudulent Returns
32.027 Enforcement Of Payment
32.028 Refund Of Erroneous Payments
32.029 Records Confidential
32.030 Amendments
32.031 Provisions Cumulative

This subchapter shall be known and may be cited as Town Sales Tax Ordinance.

(Prior Code, § 2-2-1)

  1. Statutory provisions adopted. The definitions of words, terms, and phrases contained in the State Sales Tax Code, 68 O.S. §§ 1352 et seq. and any amendments thereto, and 37A O.S. §§ 5-101 et seq., are hereby adopted by reference and made a part of this chapter.
  2. Specific terms defined. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    GROSS RECEIPTS. The definition in the State Sales Tax Code is hereby augmented to contain the additional following words: "The total retail sale price received for the sale, preparation, or service of mixed beverages, ice, and nonalcoholic beverages to be mixed with alcoholic beverages for consumption on the premises where such sale, preparation, or service occurs shall constitute the "gross receipts" from such transaction.

    SALE. Includes the sale, preparation, or service of ice or nonalcoholic beverages that are sold, prepared, or served for the purpose of being mixed with alcoholic beverages for consumption on the premises where such sale, preparation, or otherwise occurs.

    TAX COLLECTOR. The department of the town or the official agency of the state duly designated according to law or contract authorized by law or contract to administer the collection of the tax levied by this chapter.

(Prior Code, § 2-2-2)

The following town sales taxes, in the total amount of 4.5%, shall be imposed and effective as indicated, unless otherwise extended by a vote of the people. Said taxes have been approved by a majority of the registered voters of the town voting on same in elections conducted in the manner prescribed by 11 O.S. § 16-112 and any amendments thereto:

  1. Ordinance 1967-9 became effective October 1, 1967, levying a $0.01 tax, to provide revenues for the support of the functions of the municipal government of the town;
  2. Ordinance 1976-2-1 became effective April 1, 1976, levying a $0.01 tax, to provide revenues for the support of the functions of the municipal government of the town;
  3. Ordinance 2006-008 became effective on April 3, 2007, levying an excise tax of 1.25%. The proceeds received by the town shall be spent only for the purpose of competitive compensation and benefits for police officers, equipment needs for police department, competitive compensation and benefits for firefighters, competitive compensation for town and Utility Authority nonuniformed employees, and for the capital and equipment needs for the town. Ordinance 2006-008 was readopted by Ordinance 2010-05; and
  4. Ordinance 2008-002 became effective February 25, 2008, to levy and assess a sales tax of not to exceed 1.25% in addition to the present sales tax upon the gross proceeds derived from all sales to any person taxable under the state sales tax law. The proceeds received by the town shall be spent only for the purpose of competitive compensation and benefits for police officers, equipment needs for Police Department, competitive compensation and benefits for firefighters, competitive compensation for town and Utility Authority nonuniformed employees, and for the capital and equipment needs for the town.

(Prior Code, § 2-2-3) (Ord. 2006-008, passed 10-23-2006; Ord. 2008-002, passed 2-25-2008; Ord. 2010-05, passed 4-22-2010)

All valid and subsisting permits to do business issued by the State Tax Commission pursuant to the State Sales Tax Code are, for the purposes of this subchapter, hereby ratified, confirmed, and adopted in lieu of any requirement for an additional town permit for the same purpose.

(Prior Code, § 2-2-4)

For the purpose of this subchapter, the classification of taxpayers hereunder shall be as prescribed by state law for purposes of the State Sales Tax Code.

(Prior Code, § 2-2-5)

The town sales taxes shall be levied upon the gross receipts or gross proceeds of such sales as specified by state statutes, and exemptions from such taxes shall be allowed pursuant to state statutes.

(Prior Code, § 2-2-6)

The tax levied hereunder shall be due and payable at the time and in the manner and form prescribed for payment of the state sales tax under the State Sales Tax Code.

(Prior Code, § 2-2-7)

  1. The tax herein levied shall be paid to the Tax Collector at the time and in form and manner provided for payment of state sales tax.
  2. The bracket system for the collection of the town sales tax by the Tax Collector shall be as the same is hereafter adopted by the agreement of the town and the Tax Collector, in the collection of both the town sales tax and the state sales tax.

(Prior Code, § 2-2-8)

  1. The tax levied hereunder shall be paid by the consumer or user to the vendor. It shall be the duty of each and every vendor in the town to collect from the consumer or user the full amount of the tax levied by this subchapter, or an amount equal as nearly as possible or practicable to the average equivalent thereof.
  2. Vendors shall add the tax imposed hereunder, or the average equivalent thereof, to the sales price or charge, and when added, such tax shall constitute a part of such price or charge, shall be a debt from the consumer or user to vendor until paid, and shall be recoverable at law in the same manner as other debts.
  3. A vendor, as defined herein, who willfully or intentionally fails, neglects, or refuses to collect the full amount of the tax levied by this chapter, or willfully or intentionally fails, neglects, or refuses to comply with the provisions, or remits or rebates to a consumer or user, either directly or indirectly, and by whatsoever means, all or any part of the tax herein levied, or makes in any form of advertising, verbally or otherwise, any statement which infers that he or she is absorbing the tax, or paying the tax for the consumer or user by an adjustment of price, or at a price including the tax, or in any manner whatsoever, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in § 10.99 of this code.
  4. Any sum or sums collected or required to be collected in accordance with this subchapter shall be deemed to be held in trust for the town. Any person, firm, corporation, joint venture, or association that willfully or intentionally fails, neglects, or refuses to collect the sums required to be collected or paid shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in§ 10.99 of this code.

(Prior Code, § 2-2-9)

Returns and remittances of the tax herein levied and collected shall be made to the Tax Collector at the time and in the manner, form, and amount as prescribed for returns and remittances required by the State Sales Tax Code; and remittances of tax collected hereunder shall be subject to the same discount as may be allowed by said code for collection of state sales taxes.

(Prior Code, § 2-2-10)

  1. Failure to pay tax. 68 O.S. § 217, and any amendments thereto, is hereby adopted and made a part of this subchapter, and interest and penalties at the rates and in the amounts as therein specified are hereby levied and shall be applicable in cases of delinquency in reporting and paying the tax levied by this subchapter. The failure or refusal of any taxpayer to make and transmit the reports and remittances of tax in the time and manner required by this subchapter shall cause such tax to be delinquent. In addition, if the delinquency continues for a period of five days, the taxpayer shall forfeit his or her claim to any discount allowed under this subchapter.
  2. Waiver. The interest or penalty or any portion thereof accruing by reason of a taxpayer's failure to pay the town tax herein levied may be waived or remitted in the same manner as provided for the waiver or remittance as applied in administration of the state sales tax provided in 68 O.S. § 220 and any amendments thereto. To accomplish the purposes of this division (B), the applicable provisions of said 68 O.S. § 220 and any amendments thereto are hereby adopted by reference and made a part of this subchapter.

(Prior Code, § 2-2-11)

In addition to all civil penalties provided by this subchapter, the willful failure or refusal of any taxpayer to make reports and remittances herein required, or the making of any false and fraudulent report for the purpose of avoiding or escaping payment of any tax or portion thereof rightfully due under this subchapter, shall be an offense and, upon conviction thereof, the offending taxpayer shall be subject to fine and imprisonment as provided in § 10.99 of this code.

(Prior Code, § 2-2-12)

The taxes, penalty, and interest due under this subchapter shall at all times constitute a prior, superior, and paramount claim as against the claims of unsecured creditors, and may be collected by suit as any other debt.

(Prior Code, § 2-2-13)

Refund of erroneous payment of the town sales tax herein levied may be made to any taxpayer making such erroneous payment in the same manner and procedure, and under the same limitations of time, as provided for administration of the state sales tax as set forth in 68 O.S. § 227 and any amendments thereto. To accomplish the purpose of this section, the applicable provisions of said § 227 and any amendments thereto are hereby adopted by reference and made a part of this chapter.

(Prior Code, § 2-2-14)

The confidential and privileged nature of the records and files concerning the administration of the town sales tax is legislatively recognized and declared, and to protect the same, the provisions of 68 O.S. § 205 and any amendments thereto, and each subsection thereof, are hereby adopted by reference and made fully effective and applicable to administration of the town sales tax as if herein set forth in full.

(Prior Code, § 2-2-15)

The people of the town, by their approval of the ordinances from which this subchapter was derived, hereby authorize the Board of Trustees, by ordinances duly enacted, to make such administrative and technical changes or additions in the method and manner of administering and enforcing this subchapter as may be necessary or proper for efficiency and fairness. Neither the rate of the tax herein provided nor the use to which the revenue is put shall be changed without approval of the qualified electors of the town as provided by law.

(Prior Code, § 2-2-16)

The provisions of this subchapter shall be cumulative and in addition to any and all taxing provisions of this code or town ordinances.

(Prior Code, § 2-2-17)

32.045 Short Title
32.046 Definitions
32.047 Tax Imposed; Subjects Of Taxation
32.048 Exemptions From Tax
32.049 Purpose Of Revenues
32.050 Subsisting State Permits
32.051 Classification Of Taxpayers
32.052 Tax Due Date
32.053 Collection Of Tax
32.054 Revoking Permits
32.055 Remunerative Deductions
32.056 Delinquencies; Interest And Penalties
32.057 Fraudulent Returns
32.058 Enforcement Of Payment
32.059 Refund Of Erroneous Payments
32.060 Records Confidential
32.061 Provisions Cumulative

This subchapter shall be known and may be cited as the Town Use Tax Ordinance.

(Prior Code, § 2-3-1)

The definitions of words, terms, and phrases contained in the Use Tax Code, 68 O. S. § 1401, are hereby adopted by reference and made a part of this subchapter. In addition thereto, the following words and terms shall be defined as follows.

TAX COLLECTOR. The department of the town government or the official agency of the state, duly designated according to law or contract authorized by law, to administer the collection of the tax herein levied.

TOWN. The Town of Fort Gibson, Oklahoma.

TRANSACTION. Sale.

(Prior Code, § 2-3-2)

  1. There is hereby levied and there shall be paid by every person storing, using, or otherwise consuming within the town tangible personal property purchased or brought into the town, an excise tax on the storage, use, or other consumption within the town of such property at the rate of 3.25% of the purchase price of such property.
  2. Such tax shall be paid by every person storing, using, or otherwise consuming, within the town, tangible personal property purchased or brought into the town. The additional tax levied hereunder shall be paid at the time of importation or storage of the property within the town and shall be assessed to only property purchased outside the state; provided, that the tax levied herein shall not be levied against tangible personal property intended solely for use outside the town, but which is stored in the town pending shipment outside the town or which is temporarily retained in the town for the purpose of fabrication, repair, testing, alteration, maintenance, or other service.
  3. Any person liable for payment of the tax authorized herein, may deduct from such tax any local or municipal sales tax previously paid on such goods or services; provided, that the amount deducted shall not exceed the amount that would have been due if the taxes imposed by the town had been levied on the sale of such goods or services.

(Prior Code, § 2-3-3)

The provisions of this subchapter shall not apply in respect to:

  1. The use of an article of tangible personal property brought into the town by a nonresident individual visiting in the town for his or her personal use or enjoyment while within the town;
  2. The use of tangible personal property purchased for resale before being used;
  3. The use of any article of tangible personal property on which a tax, equal to or in excess of that levied by both the State Use Tax Code and this subchapter, has been paid by the person using such tangible personal property in the town, whether such tax was levied under the laws of this state or some other state or municipality of the United States.
    1. If any article of tangible personal property has already been subjected to a tax by this state or any other state or municipality in respect to its sale or use, in an amount less than the tax imposed by both the State Use Tax Code and this subchapter, the provisions of this subchapter shall also apply to it by a rate measured by the difference only between the rate provided by both the State Use Tax Code and this subchapter, and the rate by which the previous tax upon the sale or use was computed.
    2. No credit shall be given for taxes paid in another state or municipality, if that state or municipality does not grant like credit for taxes paid in this state and the town.
  4. The use of tangible personal property now specifically exempted from taxation under the Town Sales Tax Code;
  5. The use of any article of tangible personal property brought into the town by an individual with intent to become a resident of the town where such personal property is for such individual's use or enjoyment;
  6. The use of any article of tangible personal property used or to be used by commercial airlines or railroads;
  7. Livestock purchased outside the state and brought into the town for feeding or breeding purposes, and which is later resold; and
  8. Effective January 1, 1991, the use of rail transportation cars to haul coal to coal fired plants located in the state which generate electric power.

(Prior Code, § 2-3-4)

It is hereby declared to be the purpose of this subchapter to provide revenues for the support of the functions of the municipal government of the town, and any and all revenues derived hereunder may be expended by the governing body of the town for any purpose for which funds may be lawfully expended as authorized.

(Prior Code, § 2-3-5)

All valid and subsisting permits to do business issued by the Tax Commission pursuant to the State Use Tax Code are, for the purpose of this subchapter, hereby ratified, confirmed, and adopted in lieu of any requirement for an additional town permit for the same purpose.

(Prior Code, § 2-3-6)

For the purpose of this subchapter, the classification of taxpayers hereunder shall be as prescribed by state law for purposes of the State Use Tax Code.

(Prior Code, § 2-3-7)

The tax levied by this subchapter is due and payable at the time and in the manner and form prescribed for payment of the state use tax under the State Use Tax Code.

(Prior Code, § 2-3-8)

  1. Retailer or vendor. Every retailer or vendor maintaining places of business both within and without the state, and making sales of tangible personal property from a place of business outside the state for use in the town shall, at the time of making such sales, collect the use tax levied by this subchapter from the purchaser and give to the purchaser a receipt therefor in the manner and form prescribed by the Tax Commission, if the Tax Commission shall, by regulation, require such receipt. Each retailer or vendor shall list with the Tax Commission the name and address of all his or her agents operating in the town and location of any and all distribution or sales houses or offices or other places of business in the town.
  2. Place of business not maintained within state or both within and without state. The Tax Commission may, in its discretion, upon application, authorize the collection of the tax herein levied by any retailer or vendor not maintaining a place of business within the state but who makes sales of tangible personal property for use in the town and by the out of state place of business of any retailer or vendor maintaining places of business both within and without the state and making sales of tangible, personal property at such out of state place of business for use in the town. Such retailer or vendor may be issued, without charge, a permit to collect such taxes by the Tax Commission in such manner and subject to such regulations and agreements as it shall prescribe. When so authorized, it shall be the duty of such retailer or vendor to collect the tax upon all tangible personal property sold to his or her knowledge for use within the town. Such authority and permit may be cancelled when, at any time, the Tax Commission considers that such tax can more effectively be collected from the person using such property in the town. Provided, however, that in all instances where such sales are made or completed by delivery to the purchaser within the town by the retailer or vendor in such retailer's or vendor's vehicle, whether owned or leased (not by common carrier), such sales or transactions shall continue to be subject to applicable town sales tax at the point of delivery, and the tax shall be collected and reported under taxpayer's sales tax permit number accordingly.

(Prior Code, § 2-3-9)

Whenever any retailer or vendor not maintaining a place of business in the state, or both within and without the state, and authorized to collect the tax herein levied, fails to comply with any of the provisions of this subchapter or the State Use Tax Code or any orders, rules, or regulations of the Tax Commission, the Tax Commission may, upon notice and hearing as provided for in 68 O.S. § 1408, and any amendments thereto, by order, revoke the use tax permit, if any, issued to such retailer or vendor. If any such retailer or vendor is a corporation authorized to do business in the state, the Tax Commission may, after notice and hearing above provided, cancel said corporation's license to do business in the state and shall issue a new license only when such corporation has complied with the obligations under this subchapter, the State Use Tax Code, or any order, rules, or regulations of the Tax Commission.

(Prior Code, § 2-3-10)

Returns and remittances of the tax herein levied and collected shall be made to the Tax Commission at the time and in the manner, form, and amount as prescribed for returns and remittances required by the State Use Tax Code. Remittances of tax collected hereunder shall be subject to the same discount as may be allowed by said Code for the collection of state use taxes.

(Prior Code, § 2-3-11)

  1. Failure to pay tax. 68 O.S. § 217, and amendments thereto, is hereby adopted and made a part of this subchapter, and interest and penalties at the rates and in the amounts as therein specified are hereby levied and shall be applicable in cases of delinquency in reporting and payment of the tax levied by this subchapter. Provided, that the failure or refusal of any retailer or vendor to make and transmit the reports and remittances of tax in the time and manner required by this subchapter shall cause such tax to be delinquent. In addition, if such delinquency continues for a period of five days, the retailer or vendor shall forfeit his or her claim to any discount allowed under this subchapter.
  2. Waiver of interest and penalties. The interest or penalty or any portion thereof accruing by reason of a retailer's or vendor's failure to pay the town tax herein levied may be waived or remitted in the same manner as provided for said waiver or remittance as applied in administration of the state use tax provided in 68 O. S. § 220, and to accomplish the purposes of this section, the applicable provisions of said § 220 are hereby adopted by reference and made a part of this subchapter.

(Prior Code, § 2-3-12)

In addition to all civil penalties provided by this subchapter, the willful failure or refusal of any taxpayer to make reports and remittances herein required, or the making of any false and fraudulent report for the purpose of avoiding or escaping payment of any tax or portion thereof rightfully due under this subchapter shall be an offense. Upon conviction thereof, the offending taxpayer shall be punished by a fine as provided in § 10.99 of this code, and costs. Each day of noncompliance with this subchapter shall constitute a separate offense.

(Prior Code, § 2-3-13)

Such taxes, penalty, and interest due hereunder shall at all times constitute a prior, superior, and paramount claim as against the claims of unsecured creditors, and may be collected by suit as any other debt.

(Prior Code, § 2-3-14)

Refund of erroneous payment of the town use tax herein levied may be made to any taxpayer making such erroneous payment in the same manner and procedure, and under the same limitations of time, as provided for administration of the state use tax as set forth in 68 O.S. § 227, and any amendments thereto, and to accomplish the purpose of this section, the applicable provisions of said § 227 are hereby adopted by reference and made a part of this subchapter.

(Prior Code, § 2-3-15)

The confidential and privileged nature of the records and files concerning the administration of the town use tax is legislatively recognized and declared, and to protect the same, the provisions of 68 O.S. § 205, and any amendments thereto, and each subsection thereof, is hereby adopted by reference and made fully effective and applicable to administration of the town use tax as if herein set forth in full.

(Prior Code, § 2-3-16)

The provisions hereof shall be cumulative and in addition to any and all other taxing provisions of the town ordinances.

(Prior Code, § 2-3-17)

32.075 Tax Levied
32.076 Application Of Tax; Exception
32.077 Due Date; Disposition Of Funds
32.078 Failure To Pay Tax
32.079 Tax Constitutes A Lien

There is hereby levied and assessed an annual tax of 2% upon the gross receipts from residential and commercial sales of gas and electricity in the town, which tax shall be in lieu of any other franchise, license, occupation, or excise tax levied by the town, all as provided by state law.

(Prior Code, § 2-4-1)

The tax levied under this subchapter shall, when levied, apply to all persons, firms, associations, or corporations engaged in business of furnishing gas or electricity within the town limits, except it shall not apply to any person, firm, association, or corporation operating under a valid franchise from the town.

(Prior Code, § 2-4-2)

The tax levied under this subchapter on gas and electric receipts shall be levied for a term of not less than one year and shall be payable monthly and placed in the General Revenue Fund of the town.

(Prior Code, § 2-4-3)

An action may be maintained against any person, firm, or corporation failing or refusing to pay such tax when levied for the amount of the tax, and all expenses of collecting same, including reasonable attorney fees.

(Prior Code, § 2-4-4)

The tax so imposed shall constitute a first and prior lien on all the assets located within the town of any person, firm, or corporation engaged in the business of selling gas or electricity within the town limits.

(Prior Code, § 2-4-5)

32.090 Telephone Exchange Fee
32.091 Emergency 911 Implementing And Operating Tax

  1. Fee levied. There is hereby levied an annual inspection fee and service charge upon each and every person, firm, or corporation operating a telephone exchange in the town in an amount equal to 2% of the gross revenues for each current year for exchange telephone transmission service rendered wholly within the limits of the town to compensate the town for the expenses incurred and services rendered incident to the exercise of its police power, supervision, police regulations, and police control of the construction of lines and equipment of the telephone company in the town. The inspection fee and charge shall be due and payable to the town on or before June 1 of each year and shall be paid into and appropriated and expended from the General Revenue Fund of the town.
  2. Fee in lieu of other fees and taxes.
    1. During continued substantial compliance with the terms of this subchapter by the owner of any telephone exchange, the charge levied hereby shall be and continue to be in lieu of all concessions, charges, excise, franchise, license, privilege, and permit fees or taxes or assessments, except ad valorem taxes.
    2. It is not intended hereby to extinguish or abrogate any existing arrangement whereby the town is permitted to use underground conduit, duct space, or pole contracts of the company for the fire alarm or police calls systems of the town.

(Prior Code, § 2-5-1)

  1. Tax imposed. There is hereby imposed a tax of 5% per year on the tariff charges for exchange telephone service or its equivalent of the local exchange telephone company providing service within the town. The tax shall continue until changed by a vote of the people as provided by 63 O.S. § 2814A, and any amendments thereto.
  2. Collection of tax. The tax shall be collected monthly by the local exchange company and forwarded, within 30 days of the close of the month in which such taxes were collected, to the Town Clerk.
  3. Disposition of revenues. The funds collected from this tax shall be spent for engineering, installation, administration, and other recurring or one time costs necessary to implement, administer, operate, and maintain emergency 911 telephone service in the town.
  4. Administrative fee. The local exchange company providing exchange telephone service within the town shall be entitled to retain as an administrative fee, 3% of the tax imposed and collected pursuant to division (A) above.
  5. Duties of Chief of Police.
    1. The Chief of Police is hereby authorized to administer the emergency 911 telephone service in the town.
    2. The Chief of Police is hereby authorized to cooperate with other governing bodies who may impose a similar tax and who wish to participate with the town in emergency 911 telephone service.

(Prior Code, § 2-5-2)

32.100 Short Title
32.101 Definitions
32.102 Tax Imposed; Subjects Of Taxation
32.103 Use Of Funds
32.104 Exemptions
32.105 Certification Of Exemption Required
32.106 Operator Responsible For Collection
32.107 Records
32.108 Returns
32.109 Payment Of Tax
32.110 Tax To Be Designated
32.111 Bond Required
32.112 Assessment And Determination Of Tax
32.113 Refunds
32.114 Notices
32.115 Remedies Exclusive
32.116 General Powers Of The Fort Gibson Town Clerk
32.117 Certificates Of Registration
32.118 Discount
32.119 Records Confidential
32.120 Fraudulent Returns
32.121 Amendments
32.122 Administration
32.123 Interest
32.124 Payment Of Legal Fees
32.125 Provisions Cumulative
32.126 Severability

This subchapter shall be known and may be cited as the Hotel Tax Subchapter.

As used in this subchapter, the following words, terms, and phrases shall have the meanings hereinafter set forth: DIRECTOR: The Director of Finance of the Town of Fort Gibson. HOTEL/MOTEL: Any building or buildings, structures, trailer, or other facility in which the public, for consideration, obtain sleeping accommodations in which five (5) or more rooms are in one or several structures. The term shall include apartments, hotels, motels, tourist rooms, houses or courts, lodging houses, inns, rooming houses, trailer houses, trailer motels, apartments and sleeping rooms not occupied by permanent residents, and all other facilities where rooms or sleeping accommodation or space is furnished for consideration. The term shall include hospitals, sanitariums, or nursing homes or dormitories at educational or charitable institutions, unless used for purposes described herein. OCCUPANCY: The use or possession, or the right to use or possession of any room or rooms in a hotel, or the right to use or possession of the furnishings or to the services and accommodations accompanying the use and possession of the room or rooms. OCCUPANT: A person, who for a consideration, uses, possesses, or has the right to the use or possession of any room or rooms in a hotel/motel under any lease, concession, permit, right of access, license of use, or other agreement. OPERATOR: Any person operating a hotel/motel in the Town of Fort Gibson, including, but not limited to, the owner, proprietor, lessee, sublessee, mortgagee in possession, licensee or any other person otherwise operating such hotel/motel. PERMANENT RESIDENT: Any occupant who has or shall have the right of occupancy of any room or rooms in a hotel/motel for at least thirty (30) consecutive days during the current calendar year or preceding year. RENT: The consideration received for occupancy valued in money, whether received in money or otherwise, including all receipts, cash, credits, and property or services of any kind or nature, and also any amount for which credit is allowed by the operator to the occupant, without any deductions therefrom whatsoever. RETURN: Any return filed or required to be filed as herein provided. ROOM: Any room or rooms of any kind in any part or portion of a hotel/motel which is available for or let out for use or possessed for any purpose other than a placel of assembly. As used herein, place of assembly means a room or space which is used for educational, recreational, or amusement purposes and shall include: A. Dance halls; B. Cabarets; C. Nightclubs; D. Restaurants; E. Any room or space for public or private banquets, feasts, socials, card parties, or weddings; F. Lodge and meeting halls or rooms; G. Skating rinks; H. Gymnasiums; I. Swimming pools; J. Billiards, bowling, and table tennis rooms; K. Halls or rooms used for public or private catering purposes; L. Funeral parlors; M. Markets: N. Recreational rooms; O. Concert halls; P. Broadcasting studios; and Q. All other places of similar type of occupancy. TAX: The tax levied pursuant to this Subchapter.


There is hereby levied an excise tax of four percent (4%) of the gross receipts due from or paid by any transient guests of hotels/motels located within the Town of Fort Gibson, except that the tax shall not be assessed where the rent is less than five dollars ($5.00) per day.

All taxes collected pursuant to provisions of this Subchapter shall be placed in the general fund of the Town and disbursed at the direction the Board of Trustees.

A. The following shall be exempt from the tax levied by this Subchapter: 1. Permanent residents; 2. Officers, agents, representatives, or employees of the United States government or any agency or division thereof whose occupancy of the room is required in connection with the official business or affairs of the government or agency or division thereof; 3. Officers, agents, representatives, or employees of the State or any political subdivision thereof whose occupancy of the room is required in connection with the official business or affairs of the State or any political subdivision thereof; and 4. Officers, agents, representatives, or employees of any organization, corporation, or association organized and operated exclusively for religious, charitable, philanthropic, or educational purposes, provided that its primary purpose is not carrying on of a trade or business for profit or savings.


Any person claiming to be exempt from the tax pursuant to Section 32.104 of this Subchapter shall obtain a certificate from the Fort Gibson Town Clerk certifying that the organization, association, or corporation with which he is affiliated is exempt from the tax. Prior to issuing such a certificate, the organization, association, or corporation shall certify to the Fort Gibson Town Clerk in writing that the occupant is its officer, agent, representative, or employee and that his occupancy of the room is required in connection with the business or affairs of the organization, association, or corporation.

The operator shall be responsible for the collection of the tax from the occupant and shall be liable to the Town of Fort Gibson for the tax.

It shall be the duty of every operator required to make a return and pay any tax under this Subchapter to keep and preserve suitable records of the gross daily rentals together with other pertinent records and documents which may be necessary to determine the amount of tax due hereunder and such other records as will substantiate and prove the accuracy of such returns. All such records shall remain in the Town of Fort Gibson and be preserved for a period of three (3) years, unless the Fort Gibson Town Clerk in writing, has authorized their destruction or disposal at an earlier date, and shall be open to examination at any time by the Fort Gibson Town Clerk or by any of his duly authorized agents. The burden of proving that a sale was not a taxable sale shall be upon the operator who made the sale.

A. The tax levied hereunder shall be due and payable to the Town of Fort Gibson on the first day or each month, except as herein provided, by any person liable for payment of any tax due under this Subchapter. For the purpose of ascertaining the amount of the tax payable under this Subchapter, it shall be the duty of all operators, on or before the fifteenth (15th) day of each month, to deliver to the Town of Fort Gibson Town Clerk, upon forms prescribed and furnished by him, returns, under oath, showing the gross receipts or gross proceeds arising from rents received from occupancy of hotel rooms during the preceding calendar month. Such returns shall show such further information as the Fort Gibson Town Clerk may require to correctly compute and collect the tax herein levied. In addition to the information required on returns, the Fort Gibson Town Clerk may request, and the operator shall furnish any information deemed necessary for a correct computation of the tax levied. Such operator shall compute and remit to the Fort Gibson Town Clerk the required tax due for the preceding calendar month. The remittance or remittances of the tax shall accompany the returns herein required. If not paid on or before the fifteenth (15th) of such month, the tax shall be delinquent after such date; provided that no interest or penalty shall be charged on such return if filed on or before the twentieth (20th) of such month. B. The Fort Gibson Town Clerk may permit or require returns to be made by shorter or longer periods and upon such dates as he may specify. The form of return shall be prescribed by the Fort Gibson Town Clerk and shall contain such information as he may deem necessary for the proper administration of this Subchapter. The Fort Gibson Town Clerk may require amended returns to be filed within twenty (20) days after notice, and the amended return shall contain the information specified in the notice.


At the time of filing a return of occupancy and of rents, each operator shall pay to the Fort Gibson Town Clerk the taxes imposed by this Subchapter upon the rents included in such return, as well as all other monies collected by the operator acting or purporting to act under the provisions of this Subchapter.

The operator shall separately designate, charge, and show all taxes on all bills, statements, receipts, or any other evidence of charges or payment or rent for occupancy issued or delivered by the operator.

Where the Fort Gibson Town Clerk believes that any operator is about to cease business, leave the State, or remove or dissipate assets, or for any other similar reason he deems it necessary in order to protect the revenues under this Subchapter, he may require such operator to file with the Town of Fort Gibson a bond issued by a surety company authorized to transact business in this State in such amount as the Fort Gibson Town Clerk may fix to secure the payment of any tax or penalties and interest due, or which may become due, from such operator. In the event that the Fort Gibson Town Clerk determines that an operator is to file such bond, he shall give notice to such operator specifying the amount of bond required, which shall in no event exceed twice the amount of the sum in controversy. The operator shall file such bond within five (5) days after receiving such notice unless within five (5) days the operator shall request in writing a hearing before the Fort Gibson Board of Trustees, at which time the necessity and amount of the bond shall be determined by the Fort Gibson Board of Trustees. Such determination shall be final and shall be complied within fifteen (15) days thereafter. In lieu of such bond, securities approved by the Fort Gibson Town Clerk, or cash in such amount as he may prescribe, may be deposited with the Fort Gibson Town Clerk who may at any time after five (5) days’ notice to the depositor, apply them to any tax or any penalties due and for that purpose the securities may be sold at private or public sale.

A. If a return required by this Subchapter is not filed, or if a return when filed is incorrect or insufficient, the amount of the tax due shall be assessed by the Fort Gibson Town Clerk from such information as may be obtained and, if necessary, the tax may be estimated on the basis of external indices, such as: 1. Number of rooms; 2. Location; 3. Scale of rents; 4. Comparable rents; 5. Types of accommodations and services; 6. Number of employees; or 7. Other factors. B. Written notice of such assessments shall be given to the person liable for the collection and payment of the tax. Such assessment shall finally and irrevocably fix and determine the tax, unless the person against whom it is assessed, within ninety (90) days after the giving of notice of such assessment, shall apply in writing to the Fort Gibson Board of Trustees for a hearing, or unless the Fort Gibson Town Clerk upon his own initiative shall reassess the same. After such hearing, the Fort Gibson Board of Trustees shall give written notice of its determination to the person against whom the tax is assessed, and such determination shall be final.


A. The Fort Gibson Town Clerk shall refund or credit any tax erroneously, illegally, or unconstitutionally collected if written application to the Fort Gibson Town Clerk for such refund shall be made within ninety (90) days from the payment thereof. For like causes, and in the same period, a refund may be made upon the initiative and the order of the Fort Gibson Town Clerk. Whenever a refund is made, the reasons therefore shall be stated in writing. Such application may be made by the person upon whom such tax was imposed and who has actually paid the tax. Such application may also be made by the person who has collected and paid such tax to the Fort Gibson Town Clerk provided that the application is made within ninety (90) days of the payment by the occupant to the operator, but no refund of money shall be made to the operator until he has repaid to the occupant the amount for which the application for refund is made. The Fort Gibson Town Clerk, in lieu of any refund required to be made, may allow credit therefore on payments due from the applicant. B. Upon application for a refund the Fort Gibson Town Clerk may receive evidence with respect thereof and make such investigation as he deems necessary. After making a determination as to the refund, the Fort Gibson Town Clerk shall give notice thereof to the applicant. Such determination shall be final unless the applicant within ninety (90) days after such notice shall apply in writing to the Fort Gibson Board of Trustees for a hearing. After such hearing the Fort Gibosn Board of Trustees shall give written notice of its decision to the applicant.


Notices provided for under this Subchapter shall be deemed to have been given when such notice has been delivered personally to the operator or deposited in the United States mail addressed to the last known address of the operator.


The remedies provided in this subchapter shall be exclusive remedies available to any person for the review of tax liability imposed by this subchapter.

A. The Fort Gibson Town Clerk is hereby authorized: 1. To make, adopt, and amend rules and regulations appropriate to the collection of taxes pursuant to this subchapter. 2. To extend for cause shown the time for filing any return for a period not exceeding sixty (60) days; and, for cause shown, to waive, remit, or reduce penalties or interest; 3. To delegate his functions hereunder to an assistant or other employee or employees or the Town of Fort Gibson; 4. To assess, reassess, determine, revise, and readjust the taxes imposed by this subchapter; and 5. To prescribe methods for determining the taxable and nontaxable rents.


Every operator shall file with the Town of Fort Gibson Town Clerk a certificate of registration in a form prescribed by the Fort Gibson Town Clerk within ten (10) days after April 3, 2007, or in the case of operators commencing business or opening new hotels after such effective date, within three (3) days after such commencement or opening. The Fort Gibson Town Clerk shall, within five (5) days after the filing of such certificate issue, without charge, to each operator, a certificate of authority empowering such operator to collect the tax from the occupant and duplicates thereof for each additional hotel. Each certificate or duplicate shall state the hotel to which it is applicable. Such certificate of authority shall be permanently displayed by the operator in such manner that it may be seen and come to the notice of all occupants and persons seeking occupancy. Such certificates shall be non-assignable and non-transferable and shall be surrendered immediately to the Fort Gibson Town Clerk upon cessation of business at the hotel or upon its sale or transfer.

In order to remunerate an operator for keeping tax records, filing reports, and remitting the tax when due, a discount equal to that allowed by the Oklahoma Tax Commission for the collection of sales tax shall be allowed upon all taxes paid prior to the time they become delinquent.

The confidential and privileged nature of the records and files concerning the administration of tax is legislatively recognized and declared, and to protect the same the provisions of section 205 of Title 68 of the Oklahoma Statutes of the State Sales Tax Code, and subsections thereof are hereby adopted by reference and made fully effective and applicable to administration of this subchapter as if herein set forth.

The willful failure or refusal of any operator to make reports and remittances herein required, or the making of any false or fraudulent reports for the purpose of avoiding or escaping payment of any tax or portion thereof rightfully due under this subchapter shall be an offense, and upon conviction is punishable as follows: The offending taxpayer shall be subject to discontinuance of Town of Fort Gibson services, revoking of business license permit by the Town of Fort Gibson and any court costs incurred for enforcement of this subchapter.


The people of Fort Gibson by their approval of this subchapter at the election herein provided, hereby authorize the Fort Gibson Board of Trustees, by subchapter duly enacted, to make such administrative and technical changes or additions in the method and manner of administration and enforcing this subchapter as may be necessary or proper for efficiency and fairness except that the rate of the tax herein provided nor the application and use of the tax proceeds, shall not be changed without approval of the qualified voters of the Town of Fort Gibson as provided by law.

Three percent (3%) of the gross receipts derived from taxes collected pursuant to this subchapter shall be retained by the Town of Fort Gibson for the purpose of administering and collecting the tax.

If any tax levied by this subchapter becomes delinquent, the person responsible and liable for such tax shall pay interest on such unpaid tax at the rate of one and one-half percent (1 ½%) per month on the unpaid balance from the date of delinquency until the unpaid balance is paid in full.

In the event a suit in a court of competent jurisdiction is caused to be filed, either on behalf of or against the Town Fort Gibson, and the cause is the direct result of the conditions, stipulations, or requirements hereinbefore set forth, an amount necessary to pay all legal fees incurred by the Town of Fort Gibson, as well as finesse or penalties imposed against it, shall be set aside from the monies authorized to be collected hereby in payment thereof, regardless of whether the cause was for the purpose of enforcing or defending the provisions of this subchapter.

The provisions hereof shall be cumulative and in addition to any and all other taxing provisions of Fort Gibson Code of Subchapters.

The provisions of this subchapter are severable, and if any part hereof shall be adjudged invalid by any court of competent jurisdiction, such adjudication shall not affect or impair any of the remaining parts or provisions hereof. (Prior Ordinance 2006-010, passed on 12/26/2006; As codified and renumbered by 2026-004, passed on 10/14/2025)


33 General Provisions
33 Smoking And Use Of Tobacco


Cross-reference:
Offenses against health, welfare, and morals, see §§ 130.060 through 130.070; Parks and recreation facilities, see §§ 93.075 through 93.078

33.01 Racial Profiling Prohibited; Policy Adopted

The Board of Trustees hereby adopts a detailed written policy that prohibits racial profiling, and clearly defines the elements constituting racial profiling, as submitted by the State Human Rights Commission, and in compliance with 22 O.S. § 34.3. One copy of said policy shall be and remain on file in the office of the Town Clerk.

(Prior Code, § 5-9-1)

33.15 Definitions
33.16 Prohibition Of Tobacco Products And Vapor Products On Town-Owned/Operated Property
33.17 Prohibition Of Tobacco Products And Vapor Products In Town Owned/Operated Vehicles And Equipment
33.18 Enforcement
33.19 Smoking Prohibited In Public Parks
33.20 Youth Access To Tobacco
33.99 Penalty



For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

INDOOR AREA. Any indoor town-owned/operated property. An INDOOR AREA includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees or the public, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor areas at any given time, whether or not work is being performed.

OUTDOOR AREA. Any covered area, partially covered area, or area open to the sky that is on a property owned or operated by the town.

RECREATIONAL AREA. Any area that is owned, controlled, or used by the town and open to the general public for recreational purposes, regardless of any fee or age requirement. The term RECREATIONAL AREA includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller and ice skating rinks, beaches surrounding lakes, and skateboard parks.

TOBACCO PRODUCT. Any product that contains or is derived from tobacco and is intended for human consumption excluding drugs or devices approved for cessation of the United States Food and Drug Administration. This includes e-cigarettes and vapor products, with or without nicotine.

TOBACCO-FREE. To prohibit the use of any tobacco product by anyone, anywhere, at any time.

VAPOR PRODUCT. Noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. VAPOR PRODUCTS do not include any products regulated by the United States Food, Drug and Cosmetic Act, being 21 U.S.C. §§ 301 et seq.

PROOF OF AGE. Means a driver license for identification only, or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid; SAMPLE. Means a tobacco product, nicotine product or vapor product distributed to members of the public at no cost for the purpose of promoting the product;

NICOTINE PRODUCTS. Means any product that contains nicotine extracted or isolated from plants, vegetables, fruit, herbs, weeds, genetically modified organic matter, or that is synthetic in origin and is intended for human consumption. This term shall not include products approved by the United States Food and Drug Administration for smoking cessation.


(Ord. 2015-005, passed 6-8-2015)

HISTORY
Adopted by Ord. 2025-012 on 10/15/2024
  1. The possession of tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor or outdoor areas owned or operated by the town.
  2. All buildings and other properties, including indoor and outdoor areas, owned or operated by the town, shall be entirely tobacco free to include all forms of tobacco products including vapor products.
  3. All indoor and outdoor recreational areas owned or operated by the town shall be entirely tobacco free to include all forms of tobacco products including vapor products.

(Ord. 2015-005, passed 6-8-2015) Penalty, see § 33.99

All vehicles and equipment owned by the town shall be entirely tobacco free to include all forms of tobacco products including vapor products.

(Ord. 2015-005, passed 6-8-2015) Penalty, see § 33.99

The state or local government shall, at a minimum, do the following in order to prevent tobacco and vapor product use in town owned/ operated places:

  1. Post signs at entrances to town owned/operated places which state that tobacco use is prohibited; and
  2. Ask tobacco users to refrain from using any form of tobacco products, including vapor products upon observation of anyone violating the provisions of this act.

(Ord. 2015-005, passed 6-8-2015)

The use of tobacco and/or marijuana in any form is a public nuisance in the parks of the town, is dangerous to the health of both adults and children, sets an unhealthy example for the town's youth and children. The use of tobacco and/or marijuana in any form is prohibited in all public parks as described in Chapter 93 of this code.

(Ord. 2018-013, passed 10-8-2018) Penalty, see § 33.99

A. UNLAWFUL TO SELL OR FURNISH TOBACCO, NICOTINE OR VAPE PRODUCTS TO PERSON UNDER TWENTY-ONE YEARS OF AGE

1. It is unlawful for any person to sell, give or furnish in any manner any tobacco product, nicotine product or vape product to another person who is under twenty-one (21) years of age, or to purchase in any manner a tobacco product, nicotine product or vape product on behalf of any such person. It shall not be unlawful for an employee under twenty-one (21) years of age to handle tobacco products, nicotine products or vape products when required in performance of the employee’s duties.

2. A person engaged in the sale or distribution of tobacco products, nicotine products or vape products shall demand proof of age from a purchaser or recipient if an ordinary person would conclude on the basis of appearance that the purchaser may be less than twenty-one (21) years of age. If an individual engaged in the sale or distribution of tobacco products, nicotine products or vape products has demanded proof of age from a purchaser or recipient who is not under twenty-one (21) years of age, the failure to subsequently require proof of age shall not constitute a violation of this subsection.

3. Any violation of this subsection is an offense against the Town of Fort Gibson; upon convictions of any such offense, the violator shall be punished in compliance with Oklahoma State law.

4. Evidence 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 reasonable relied upon proof of age, and such person shall not be found guilty of the violations if such person establishes that:

a. 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 physical/visual examination of the provided identification.

b. 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 physical/visual examination of the provided identification.

5. Provided, that this defense shall not relieve from liability any person citied for a violation of this section if the 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.

B. DISTRIBUTION OF TOBACCO PRODUCT AND VAPE PRODUCT SAMPLES

1. It shall be unlawful for any person or retailer to distribute tobacco products, nicotine products, vape products or product sample to any person under the age of twenty-one (21) years of age.

2. No person shall distribute tobacco products, nicotine products, vape products or product samples in or on any public street, sidewalk, or park that is within three hundred (300) feet of any playground, school, or other facility when the facility is being used primarily by person under twenty-one (21) years of age.

3. When a person is convicted or enters a plea and receives a continued sentence for a violation of this section, the total of any fines, fees, or costs shall be in compliance with Oklahoma State law.

C. PUBLIC ACCESS TO DISPLAYED TOBVACCO, NICOTINE OR VAPE PRODUCTS

1. It is unlawful for any person or retail store to display or offer for sale tobacco products, nicotine products, vape products in any manner that allow the public access to the tobacco products, nicotine products, vape products without assistance from the person displaying the tobacco products, nicotine products, vape products or an employee or owner of the store. The provision of this subsection shall not apply to retail stores which do not admit into the store persons under twenty-one (21) years of age.

2. When a person is convicted or enters a plea and receives a continued sentence for a violation of this section, the total of any fines, fees, or costs shall not exceed Two Hundred Dollars ($200.00) for each offense.

D. REPORT OF VIOLATIONS AND COMPLIANCE CHECKS.

1. Any conviction for a violation of this Article and any compliance checks by a municipal police officer pursuant to subsection B of this section shall be reported in writing to the Alcoholic Beverage Laws Enforcement (ABLE) Commission within thirty (30) days of such conviction or compliance check. Such reports shall be compiled in the manner prescribed by the ABLE Commission. Convictions shall be reported by the Court Clerk, or their designee and compliance checks shall be reported by the Chief of Police or his designee.

2. For the purpose of determining second or subsequent violations, both the offences penalized by the ABLE Commission as administrative fines and the offences penalized by the municipality and reported to the ABLE Commission shall be consider together in such determination.

3. Persons under twenty-one (21) years of age may be enlisted by the Police Department to assist in compliance checks and enforcement of this Article pursuant to the rules of the ABLE Commission.

1. If any section, sentence, clause or phase of this ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part thereof.

2. All ordinances in conflict herewith are hereby repealed.


HISTORY
Adopted by Ord. 2025-005 on 10/15/2024
  1. Any person who knowingly violates this chapter and upon conviction thereof, shall be punished by a fine as set forth by the Town of not less than $25.00 or more than $100.00 for each offense plus cost and state- or tribal-imposed fees.
  2. Severability. Should any section, subsection, sentence, provision, clause, or phrase hereof be held invalid, void, or unconstitutional for any reason, such holding shall not render invalid, void or unconstitutional any other section , subsection, sentence, provision, clause, or phrase of this ordinance and the same are deemed severable for this purpose.

(Ord. 2015-005, passed 6-8-2015; Ord. 2018-013, passed 10-8-2018) (as amended by Ord. 2024-016 passed 6-24-2024).

34 Police Department
34 Fire Department
34 Emergency 911
34 Emergency Management Organization
34 Fire Code

34.001 Department Created; Chief
34.002 Duties Of Department
34.003 Police Officers
34.004 Assistance To Other Communities
34.005 K-9 Unit
34.006 Auxiliary Or Reserve Police Force
34.007 Public Records Policy

A. The Police Department is hereby created. It shall be headed by a Chief of Police appointed by the Board of Trustees and subject to the oversight and supervision of the Town Administrator. The oversight and supervision of the Police Chief by the Town Administrator will be for administrative purposes only and will not include law enforcement activities or the enforcement of the law. All policies and procedures of the Town of Fort Gibson shall apply to the Chief of Police like any other Department Head. The Chief of Police may appoint police officers as he deems necessary, subject to the approval and confirmation of the Board of Trustees. The Police Chief shall carry out all duties and responsibilities prescribed by law and ordinance. He or she shall be authorized to prescribe rules and regulations, not inconsistent with other policies and procedures of the Town, to govern and regulate the conduct of the members of the Department, their duties to be performed, and their moral and physical fitness. Such rules and regulations as promulgated by the Chief of Police shall have application to all members of the Department. The Department shall be responsible for enforcement of the laws of the State and the ordinances and regulations of the Town, crime prevention, protection of life and property, apprehension of offenders, investigation of crime and incidents. Other duties of the Department shall be as established by the Board of Trustees, applicable law, as otherwise set forth by ordinance.

B. Declaration of Emergency: the Board of Trustees have declared this Ordinance an emergency need as it affects the safety and protection of the citizens of the Town and all visitors thereto, as well as addresses an immediate need for continuity of the Police Department. This Ordinance shall become effective immediately upon passage.

(Prior Code, § 5-1-1); (As amended by Ordinance 2026-003 on September 22, 2025); (As amended by Ordinance 2026-006 on December 22, 2025), (As amended by Ordinance 2026-009 on March 9, 2026, declared as emergency and effective immediately upon passage)

It is the duty of the Police Department to:

  1. Apprehend and arrest on view or on warrant and bring to justice all violators of the ordinances of the town;
  2. Suppress all riots, affrays, and unlawful assemblies which may come to its knowledge, and generally to keep the peace;
  3. Serve all warrants, writs, executions, and other processes properly directed and delivered to them;
  4. Apprehend and arrest persons violating federal or state law as provided by law, and turn them over to proper authorities; and
  5. In all respects, perform all duties pertaining to the office of police officers.

(Prior Code, § 5-1-2)

  1. Appointment. Police officers shall be appointed subject to approval by the Board of Trustees.
  2. Duties. Police officers shall perform such duties as shall be required of them by the Chief of Police, town ordinances, federal, state, and county regulations and any other action required in the maintenance of good order and public peace.

(Prior Code, § 5-1-3)

  1. Assistance authorized. Approval is hereby given in an emergency situation for service of members of the regular Police Department of the town as police officers of any other city, town, or county in the state, not more than 20 miles distance from the town, when such service is requested by the Mayor or Chief of Police of the city or town, or Sheriff of the county, in accordance with state law.
  2. Request for assistance. Requests for service under division (A) above shall be made by writing or by telephone, or other means of communication, to the Chief of Police who, if he or she determines that the request can be granted consistent with the continuance of the proper police protection to the inhabitants of the town, shall furnish the number of officers requested and arrange for their transportation to the requesting municipality or the county.
  3. Reimbursement for costs. Any municipality or county requesting and receiving service by members of the Police Department may reimburse the town for the cost of the transportation to and from such municipality of the officers so serving and the pro rata cost of their salaries, insurance, and other benefits attributable to their service in such municipality or county.
  4. Contract required; exceptions. Except in cases of extreme public emergency, no services shall be rendered hereunder to any municipality or county unless such service is in accordance with the terms of this division and divisions (B) and (C) above. The Chief of Police is hereby authorized to negotiate and execute contracts with the proper contracting officers of such municipalities or counties, which shall be on a reciprocal basis, thereby securing to the town the service of members of the police departments of such municipalities or counties should an emergency arise necessitating such service thereby. All such contracts shall be submitted to the Board of Trustees for approval before effective.

(Prior Code, § 5-1-4)

  1. Unit created; handler. There shall be a K-9 unit, working within the membership of the Police Department. Its handler shall be appointed by the Chief of Police, and those duties as handler shall be removable by the Chief of Police. The handler shall be an officer of the Police Department, having successfully completed classes and training courses with the animal. The handler shall have supervision, care, and control of the animal.
  2. Duties. It is the duty of the K-9 unit to assist in the apprehension of violators of the ordinances of the town; in particular, with drug related violations, the discovery of hidden drugs, and the like. The K-9 unit may also assist in the search for lost persons and perform other duties as required.
  3. Assistance to other communities.
    1. Approval given. Approval is hereby given in an emergency situation, for service of the K-9 unit to be extended to any other city, town, or other law enforcement agency in the state, not more than 20 miles from the town. Such assistance must be requested by the Mayor or Police Chief of a city or town, or sheriff of the county, in accordance with state law.
    2. Request for assistance. Requests for service under division (C)(1) above shall be made by writing, telephone, or other means of communication, to the Chief of Police, or his or her designee, who, if the Chief of Police determines that the request can be granted consistently with the continuance of proper protection to the inhabitants of the town, shall furnish the service requested of the K-9 unit and arrange for transportation to the requesting municipality or county.
    3. Contract required; exceptions. Except in cases of extreme public emergency, no services shall be rendered hereunder to any municipality or county unless such service is in accordance with the terms of division (C)(2) above. The Police Chief is hereby authorized to negotiate and execute contracts with the proper contracting officers of such municipalities or counties for furnishing such service. All such contracts shall be submitted to the Board of Trustees for approval before becoming effective.
  4. Teasing, maltreating or injuring police dog. It is unlawful for a person to willfully and maliciously taunt, torment, tease, beat, strike, injure, disable or administer or subject any desensitizing drug, chemical, or substance to a dog used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when off duty; or to interfere or meddle with a dog used by a law enforcement department or agency in the performance of the functions or duties of the department or agency.

(Prior Code, § 5-1-5) (Ord. 1996-10-2, passed 10-28-1996) Penalty, see § 34.999

  1. Force established. An auxiliary or reserve police force is hereby created in the town to work under and be responsible to the Chief of Police.
  2. Appointment of officers; term.
    1. The Chief of Police is authorized to appoint a maximum of five auxiliary or reserve officers who shall be appointed with the express approval and consent of a majority of the members of the Board of Trustees. However the number of auxiliary or reserve officers may be increased at any time by the Board of Trustees.
    2. The auxiliary or reserve officers shall serve at the express pleasure of the Chief of Police and Board of Trustees.
  3. Powers, duties and responsibilities. An auxiliary or reserve police force, appointed by the Chief of Police with the approval of a majority of the Board of Trustees, shall have the following duties and responsibilities as reserve or auxiliary officers:
    1. Assist the Chief of Police and members of the Police Department at all special events, including rodeos, parades, public events, emergencies, disasters, fires, crowd control, manhunts, and backup for regular officers;
    2. Make arrest for offenses committed in their presence;
    3. After each auxiliary officer is certified as a peace officer as required by law, then the auxiliary officer may effect arrests for felonies committed in his or her presence and, in addition, for felony offenses based on probable cause to believe same has been committed. In addition, after certification, the auxiliary officer may lawfully serve warrants of arrest;
    4. After each auxiliary officer is certified as a peace officer as required by law, the officer may issue uniform violation complaint forms to violators of state and municipal law, and prior to the certification, the auxiliary officer may issue uniform violation complaint forms to violators of state and municipal law in the presence of a regular officer of the Police Department or other authorized law enforcement agency;
    5. May use all town communication equipment, including base radios and two-way equipment and, in addition, make field investigations, write reports, and cooperate fully with other law enforcement agencies and prosecutors;
    6. May wear a uniform compatible with uniforms of the regular members of the Police Department and shall display a proper badge and insignia; and
    7. After certification as a peace officer, may wear and carry firearms, to be approved by the Police Chief.

(Prior Code, § 5-1-6)

A municipal governing body may destroy, sell for salvage, or otherwise dispose of the following papers, documents, and records after the expiration of the specified period of time following the end of the fiscal year in which the paper, document, or record was created, except as otherwise specified:

  1. Discretionary. Animal control calls; e-mail (public official use); 911 call log/reports; 911 tape recordings; departmental budget review (reductions in force and the like); police photo files;
  2. One year. Equipment in/out usage; Community Center lease;
  3. Two years. Traffic ticket files; job evaluation documents (pay schedules/pay raises, etc.); grievance files; training files and reports; paid/settled traffic violations; arrest warrant list; police department property damage and loss reports;
  4. Three years. Subpoena logs (district/municipal courts); FLSA documentation; FEMA records; 911 activity reports and summaries; warrant lists (after served); disaster records; complaint reports/daily activity reports;
  5. Five years. Citizen complaints about services; radio dispatch logs; court docket/traffic citations; municipal court convictions; injury reports (accident reports involving personal injury); management bulletins (memos); insurance policy file (contracts); impound vehicle reports; grant accounting file; handwritten probable cause affidavit; uniform crime reports (statistical analysis info); citation check out logs; animal bite records; accident reports; officer activity reports; bonds, professional and surety (bail/municipal court); intoxilizer (breath) test reports; bonds for employees; fuel usage each vehicle;
  6. Six years. Collective bargain agreements;
  7. Ten years. Receipt books; equipment inventory; employee personnel history file (after termination of employment); municipal court records (after activity); municipal court DUI convictions; surplus property list; crime incident/case reports (non-statute of limitations and/or violent crimes); jail logs;
  8. Fifteen years. Internal investigation files;
  9. Permanently. Street address (includes location numbers and names); OLETS/NCIC files and/or audits; OLETS/NCIC files and/or validations; cold case files - no statute of limitations (stolen firearms, homicide, sexual assault, violent crimes); fire/police state pension plan file; expunged court and law records; employment testing and validation; exposure medical records (chemical and the like exposure); emergency operation plan (civil defense); employee benefit/medical/workers' compensation records (duration of employment plus 30 years); employee application files (two years if not hired); municipal codes; legal opinions (town attorney and/or district attorney); hazardous materials report (spills, CDS labs, etc.); fire department logbooks; training manuals (including policy and procedures); traffic and/or sign/light signal studies; criminal justice records (gun, violent crimes evidence); confiscated case evidence (and/or unclaimed property); attendance/timekeeping (or until status is inactive).

(Prior Code, § 5-1-7) (Ord. 2010-003, passed 4-12-2010)

34.020 Combination Department Established; Composition
34.021 Duties Of Department
34.022 Powers And Duties Of Chief
34.023 Other Department Personnel
34.024 Volunteers
34.025 Volunteer Firefighter Requirements
34.026 Firefighters' Pension And Retirement Fund
34.027 Equipment
34.028 Service Outside Town
34.029 Rules And Regulations
34.030 Civil Service Commission
34.031 Membership In Fire Department
34.032 Qualifications Of Chief And Members Of Fire Department
34.033 Hours Of Regular Duty
34.034 Subject To Special Duty At All Times
34.035 Suspension, Discharge And Re-Appointment Of Members
34.036 Rules And Regulations
34.037 Hearing Before Commission
34.038 Retirement And Pension Systems
HISTORY
Adopted by Ord. 2023-013 on 4/10/2023
  1. There shall be a Fire Department, the head of which shall be the Chief of the Fire Department.
  2. Career Staff: Firefighters employed by the Town who handle all aspects of daily operations, which includes but is not limited to equipment checks and basic maintenance of all facilities. Career staff are subject by the chain of command as established by the Fire Chief. Career Staff are also referred to as "members" of the Fire Department and where such term is utilized or referenced to it is referring Career Staff. Career Staff are full-time employees of the Fire Department of the Town of Fort Gibson receiving a salary from the Town, and eligible for all benefits that other employees of the Town receive; except that Career Staff are governed by the Oklahoma Firefighters Pension and Retirement Fund as set forth under Oklahoma statue.
  3. The term "Volunteer Firefighter" An on-call firefighter for the Fort Gibson Fire Department who serves in such capacity without receiving a salary from the Town and who is not an employed firefighter for the Town. The number of the volunteer firefighters for the Town shall not exceed twenty (20) firefighters.

(Prior Code, § 5-2-1)

HISTORY
Amended by Ord. 2023-013 on 4/10/2023

It is the duty of the Fire Department, among others, to extinguish fires; to rescue persons endangered by fire; to resuscitate, and to administer first aid to persons injured in or about burning structures, or elsewhere in case of an emergency; to promote fire prevention; and unless otherwise provided, to enforce all ordinances relating to fires, fire prevention, and safety of persons from fire in public and private buildings; to respond to vehicular accidents involving personal injury and administer such emergency aid as necessary; to respond to other emergencies as determined by the Fire Chief.

(Prior Code, § 5-2-2)

HISTORY
Amended by Ord. 2023-013 on 4/10/2023

The Chief shall be the administrative head of the Fire Department, subject to the laws of the state, ordinances of the town, and the rules and regulations adopted in this chapter. The Chief shall have the following powers and duties, and he or she may assign duties to other members and volunteers of the Department:

  1. Shall be responsible for the general condition and efficient operation of the Department, the training of members and volunteers, and the performance of all other duties imposed upon him or her, and shall have supervision and control of the Fire Department, subject to the supervision and control of the Town Administrator;
  2. May inspect or cause to be inspected by members of the Department, the fire hydrants, cistern and other sources of water supply at least twice each year;
  3. Shall maintain a library or file of publications on fire prevention and fire protection and shall make use of it to the best advantage of all members and volunteers;
  4. Shall make every effort to attend all fires and direct the officers and members and volunteers in the performance of their duties;
  5. Shall see that the citizens are kept informed on fire hazards in the community and on the activities of the Department;
  6. Shall see that each fire is carefully investigated to determine its cause and, in the case of suspicion of incendiarism or arson, shall notify proper authorities and secure and preserve all possible evidence for future use in the case;
  7. Is authorized to enter any building or premises in the Town at any reasonable hour for the purpose of making inspections and to serve written notice on persons for any violations that may be found; and
  8. Shall see that complete records are kept of all fires, inspections, apparatus and equipment, personnel, and other information of the Department and shall make reports to the Board of Trustees as it may require. The Chief shall keep the Town Administrator and Board of Trustees informed regarding the Fire Department and its needs.

(Prior Code, § 5-2-3)

HISTORY
Amended by Ord. 2023-013 on 4/10/2023
  1. Assistant Chief. In the absence of the Chief, the Assistant Chief on duty shall command the Department and be held responsible therefor in all respects with the full powers and responsibilities of the Chief. The Assistant Chief shall be appointed by the Chief.
  2. Company officers. Company officers shall be selected by the Chief based upon the following criteria:
    1. Knowledge of firefighting;
    2. Leadership ability; and
    3. Knowledge of firefighting equipment.

(Prior Code, § 5-2-4)

HISTORY
Amended by Ord. 2023-013 on 4/10/2023

Volunteers of the department shall be recommended by the Chief. New volunteers shall be on probation for one year after their appointment. Upon completion of their probationary period, new volunteers must be approved by the majority of the career and volunteer firefighters of the Fire Department and the Town Administrator.

(Prior Code, § 5-2-5)

HISTORY
Amended by Ord. 2023-013 on 4/10/2023

Volunteer Firefighters Requirements

  1. Be required, when notified, to respond to alarms of fire and other emergencies;
  2. Be required to be present at all regular meetings, called meetings, and schools presented for the benefit of the firefighters;
  3. Any volunteer having two unexcused absences in succession or three unexcused absences in a period of three months will be dropped from the Fire Department rolls;
  4. Any volunteer leaving the town for an extended period of time is required to notify the Chief;
  5. Be expelled from rolls for refusing to attend training classes provided for him or her; and
  6. Be expelled from the rolls for the following offenses:
    1. Conduct unbecoming a firefighter;
    2. Any act of insubordination;
    3. Neglect of duty;
    4. Any violation of rules and regulations governing the Fire Department; or
    5. Conviction of a felony.
  7. Must reside in the same county as the combination Fire Department or in a county that immediately borders to the county in which the department is located.

(Prior Code, § 5-2-6)

HISTORY
Amended by Ord. 2023-013 on 4/10/2023
  1. State provisions adopted. The town hereby adopts the provisions of state law governing the State Firefighters' Relief and Pension System, being 11 O.S. §§ 49-100.1 et seq. and amendments thereto for the purpose of providing firefighters of the town with a retirement program.
  2. Operation of Fund. The Firefighters' Relief and Pension Fund shall be operated in accordance with state law relating to the Fund, and pensions and other benefits shall be paid as provided by state law.
  3. Contributions to Fund. The Town Treasurer shall deduct from the salaries or wages of each paid member of the Fire Department the appropriate amounts of money as established and required by state law as contribution to the Firefighters' Relief and Pension Fund. However, if the members of the Fire Department, by a majority vote of its paid members, vote to increase the amount of the deductions, the amounts authorized by this division shall be increased to reflect the amounts approved by the majority vote. The Town Treasurer shall deposit monthly in the State Firefighters' Pension and Retirement Board the amounts deducted pursuant to this division. Any amounts deducted from the salary or wages of a Fire Department member shall be made at the time of each payroll. The deductions shall be set forth in the payroll so that each member may be able to ascertain the exact amount which he or she is contributing.
  4. Deposits with state.
    1. Monthly deposits. The Town Treasurer shall deposit monthly with the State Firefighters' Pension and Retirement Board the amounts of money as established and required by state law for each paid member of the Fire Department.
    2. Annual deposit. For each volunteer member of the Fire Department, the Town Treasurer shall deposit yearly with the State Firefighters' Pension and Retirement Board the amounts of money as established and required by state law. These amounts may be revised according to actual studies and amounts as set by the State Firefighters' Pension and Retirement Board.
    3. Assets. All assets of the Firefighters' Relief and Pension Fund shall be transferred to the State Firefighters' Pension and Retirement Board. Assets shall be transferred in the form of cash, negotiable securities, and such other specific assets as permitted by the State Board.

(Prior Code, § 5-2-7)

  1. Use of equipment.
    1. No person shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully and without proper authority take away or conceal any article used in any way by the Fire Department.
    2. No person shall enter any place where fire apparatus is housed, or handle any apparatus or equipment belonging to the Department unless accompanied by, or having the special permission of, an officer or authorized member of the Department.
  2. Fire Department Equipment Fund.
    1. Fund created. There is hereby created in the office of the Town Treasurer a Fire Department Equipment Fund, separate and apart from the General Fund, as a trust fund for the benefit of the Fire Department, to be used for fire equipment for the Fire Department which funds shall be held in trust and shall be used and disbursed only for equipment and improvement of the Fire Department upon approval by the Board of Trustees of the Firefighters' Relief and Pension Fund.
    2. Administration of Fund. The Board of Trustees of the Firefighters' Relief and Pension Fund is authorized and empowered to receive gifts and grants for the benefit and use of the Fire Department; such funds to be paid into the trust fund created by division (B)(1) above.

(Prior Code, § 5-2-8)

  1. Contracts authorized. The town is hereby authorized and empowered to enter into contracts or agreements with individuals, firms, private corporations, or associations, or political subdivisions of the state for fire protection outside the corporate limits of the town, and to contract to provide fire protection jointly with other organizations and municipal subdivisions of the state.
  2. Fee. Any contract entered into by the town with an individual owner, firm, private corporation, or association, for outside aid, or mutual aid for fire protection, shall pay an annual rate in the amount of $50 for fire protection and provide for the payment by the owner, firm, private corporation, or association, or political subdivision to the town for such fire apparatus and personnel at the rate per call as set by the Board of Trustees if such fee is not paid. All monies received from the calls shall be deposited into the Fire Departments nontax operation account.
  3. Authority to answer calls. The Fire Department is authorized and directed to make calls outside of the corporate limits covered by fire protection contracts and upon authorized calls of owners of property or their agents, requesting fire protection within the parameters, West to Muskogee city limit (East of Arkansas River); East to center of 6 Mile Road-Residence East of 6 Mile Road call Woodall Fire Department; North to Canyon Road Park area on Hwy 80 South of the Fort Gibson Dam,; South to Arkansas River and East to the bottom of Braggs Mountain on Hwy 10; Three (3) miles Northwest on the road between Fort Gibson and Okay; Town (2) miles North on 4 Mile Road; North on 2, 3, 5, and 6 Mile roads (to the end of road, unless in the opinion of the Fire Chief, it is inexpedient to do so on account of another fire in town or any other physical condition that may exist. They shall pay the Town five hundred dollars ($500.00) per truck, per hour and two hundred fifty dollars ($250.00) per man, per hour. Nothing shall prohibit the Chief of the Fire Department from dispatching fire or other emergency equipment outside the corporate limits of the Town in excess of above stated parameters.
  4. Serving in regular line of duty. Firefighters of the Fire Department, career or volunteer attending and serving at fires or doing fire prevention work outside the corporate limits of the town, as herein provided, shall be considered as serving in their regular line of duty as fully as if they were serving within the corporate limits of the town. The firefighters shall be entitled to all the benefits of any Firefighters' Pension and Relief Fund in the same manner as if the firefighting or fire prevention work were being done within the corporate limits of the town. Compensation of firefighters shall be as provided by the Board of Trustees by ordinance or resolution.
  5. Agent of the state. The Fire Department answering any fire alarm, or call, or performing any fire prevention services outside the corporate limits of the town shall be considered as an agent of the state, and acting solely and alone in a governmental capacity, and the town shall not be liable in damages for any act of commission, omission, or negligence while answering or returning from any fire, or reported fire, or doing any fire prevention work or rescue, resuscitation, first aid, inspection, or other official work under and by virtue of this section.

(Prior Code, § 5-2-9)

HISTORY
Amended by Ord. 2023-020 on 5/8/2023

The Board of Trustees, by motion or resolution, may adopt and change regulations relating to the Fire Department and its organization, operation, and compensation.

(Prior Code, § 5-2-10)

There is hereby created in the Fire Department of the Town of Fort Gibson a Civil Service Commission which shall be composed of three members, one of whom shall be selected and appointed by the Board of Trustees to serve for a period of six years from the date of the appointment, one to be appointed by the active members of the Fire Department of the Town of Fort Gibson to serve for a period of five years and the two members so selected and appointed to select and appoint a third member who shall serve for a period of four years from the date of appointment.

The selection and appointment of successor of each member whose term expires hereunder shall be made I the same manner as provided for the selections of membership of said Commission. All members of said Commission shall serve without compensation. The Civil Service Commission shall select one of its members as Chairman and one as Secretary. No persons shall be appointed to said Commission who is employed by the Town or other governmental subdivision.

HISTORY
Adopted by Ord. 2023-013 on 4/10/2023

The Fire Department of the Town of Fort Gibson shall consist of a Chief and such assistants, captains, engineers, and other employees as in the judgement and opinion of the Board of Trustees may be required for the safe and efficient work and administration of said department. The Chief of the Fire Department shall be appointed by the Town Administrator with consent and approval of the Board of Trustees and all other employees shall be appointed by the Chief of the Fire Department with consent and approval of the Town Administrator.

HISTORY
Adopted by Ord. 2023-013 on 4/10/2023
  1. Person shall be appointed or employed as Chief of the Fire Department who has not been a regular member of the Fort Gibson Fire Department for a period of at least five consecutive years prior to his/her appointment.
  2. No person shall be appointed or employed as a member of the Fire Department who is under eighteen years or who has reached the age of forty-five years (45) or who is exempted from the age requirements by Oklahoma Statutes unless he/she has previously served in the Fort Gibson Fire Department and is able to comply with the statutory requirements and is otherwise qualified. Prior to appointment as a member of said Fire Department an applicant must undergo a physical examination, meet the applicable requirements for employment as set out in the Town's employment and hiring policy and obtain a certificate certifying as to his/her physical ability to perform duties of a fireman.
HISTORY
Adopted by Ord. 2023-013 on 4/10/2023

No member of the Fort Gibson Fire Department shall be required to be on regular duty over an average of one hundred-six hours per fourteen-day work week computed annually over the Town's fiscal year or any unexpired portion thereof. Day duty shall be ten continuous hours per day and night duty shall be fourteen continuous hours per night.

HISTORY
Adopted by Ord. 2023-013 on 4/10/2023

As a condition of their employment members of the Fort Gibson Fire Department at all times shall, in addition to such regular duty, be subject to special duty when there is grave or unusual danger of conflagration, other emergency requiring such service as is usually performed by those generally engaged in that occupation, or as determined necessary by the Chief.

HISTORY
Adopted by Ord. 2023-013 on 4/10/2023

No member of the Fire Department shall be discharged except upon written charges submitted to the Civil Service Commission and without an opportunity for a fair and impartial hearing before said Commission. The Chief of the Fire Department may for cause suspend any member of the Department for a period of not to exceed thirty days provided the suspended member shall have the right to appeal to the Civil Service Commission and to full and complete hearing as to such suspension and provide further that successive suspension of the same member of the same offense arising from the same action or inaction of the member shall not be permitted. In the event of a reduction in the membership of the Fire Department the release, discharge and suspension of membership shall be made strictly according to seniority and should the personnel of the Fire Department be thereafter enlarged firemen theretofore released, discharged, or suspended shall be re-appointed, if qualified, in accordance with their seniority and any member feeling himself aggravated may within thirty days after his suspension, discharge, release or failure of re-appointment, appeal to the Civil Service Commission for a hearing and decision.

HISTORY
Adopted by Ord. 2023-013 on 4/10/2023

The Chief of the Fire Department shall prescribe reasonable rules and regulations to govern and regulate the Fire Department, subject to the approval thereof by the Board of Trustees.

HISTORY
Adopted by Ord. 2023-013 on 4/10/2023
Amended by Ord. 2023-013 on 4/10/2023

The Civil Service Commission shall within 10 days upon the institution of charges against, or the presentation of a grievance of any member of the Fire Department convene and conduct a full hearing and decision which finding and decision shall be final and conclusive and the proceedings before said Commission shall be reduced to writing and kept of record in the Office of the Town Clerk of Fort Gibson, Oklahoma.

HISTORY
Adopted by Ord. 2023-013 on 4/10/2023

The Board of Trustees shall make an annual appropriation from the General Fund to allow contribution to the Oklahoma Firefighters Pension and Retirement Fund in amounts specifically required by State law.

HISTORY
Adopted by Ord. 2023-013 on 4/10/2023
34.040 False Reporting; Misuse Of 911
34.041 E-911 Address

No person in the town shall call the number 911 for the purpose of making a false alarm or complaint or reporting false information which could result in the dispatch of emergency services from any city, town, county, municipal corporation, public district, public trust, or public authority located within the state which provides or has authority to provide firefighting, law enforcement, ambulance, emergency medical, or other emergency services. Any person violating the provisions of this section, upon conviction, shall be guilty of a misdemeanor, punishable as provided in § 10.99 of this code.

(Prior Code, § 5-3-1)

  1. Display of address. All residential, commercial, and other buildings/structures located in the limits of the town must display their proper E-911 assigned numerical address in order that emergency personnel can respond to the call at the address.
  2. Requirements and specifications. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way. All numbers shall be Arabic numerals at least three inches high and one-half inch wide.
  3. Violation; penalty. After receiving one official warning of a violation of this subchapter, any person violating any provision of the subchapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in § 10.99 of this code.

(Prior Code, § 5-3-2)

34.055 Purpose
34.056 Department Of Emergency Management Created
34.057 Director Of Emergency Management
34.058 Powers And Duties Of Organization
34.059 Compensation; Nonliability Of Town

An emergency management organization is created for the town to carry out preparations for and to function in the event of emergencies endangering the lives and property of the people of the town. The duties of the emergency management organization are the protection of the lives and health of the citizens and of property and property rights, both private and public, and performance of all functions necessary and incident thereto.

(Prior Code, § 5-4-1) (Res. 2022-001, passed 7-26-2021)

There is hereby established, under the executive branch of the government, a Department of Emergency Management which shall consist of:

  1. Director. A Director of Emergency Management who may be the Fire Chief, shall be appointed and may be removed with or without cause by the Mayor; and
  2. Advisory Committee. An Emergency Management Advisory Committee shall consist of the Mayor as Chairperson and five members appointed by the Mayor and serving at his or her pleasure. The Committee shall select from its members a Vice Chairperson and Secretary. It shall hold such meetings as are directed by the Mayor, and its function shall be to act in an advisory capacity as needed or requested by the Mayor or the Director of Emergency Management.

(Prior Code, § 5-4-2) (Res. 2022-001, passed 7-26-2021)

  1. Executive official; compensation. The Director of Emergency Management shall be the executive head of the Department of Emergency Management of the town. He or she shall serve without compensation but may be reimbursed for expenses incurred in the performance of his or her duties.
  2. Powers and duties.
    1. Generally. It shall be the duty of the Director of Emergency Management, as soon as practicable after his or her appointment, to perfect an organization to carry out the purposes set forth in this subchapter.
      1. He or she shall have all necessary power and authority to form committees or other bodies and to appoint and designate the Chairperson or Chief Officer of such bodies as may be necessary to perfect such an organization.
      2. The Director shall have further duty and responsibility to cooperate with all emergency management agencies of other governmental units, including the state and the federal government. The Director of Emergency Management is further authorized to formulate written plans and gather information and keep written record thereof to govern the functions of the Emergency Management Department.
    2. Emergency powers. In the event of an enemy caused emergency or emergency resulting from natural causes, the Director of Emergency Management, after due authorization from the Mayor, shall have the power and authority to enforce all rules and regulations relating to emergency management and, if necessary, take control of transportation, communications, stocks of fuel, food, clothing, medicine, and public utilities for the purpose of protecting the civilian population. He or she shall cooperate in every way with the activities of other governmental agencies of emergency management organizations. If required by the Mayor, the Director shall have control over any and all funds allocated from any source for the purpose of alleviating distress conditions in the town.

(Prior Code, § 5-4-3) (Res. 2022-001, passed 7-26-2021)

The Director of Emergency Management and other members of the emergency management organization created by him or her shall have the power and authority to enforce the laws of the state and ordinances of the town during the period of emergency and shall at such time have the further power to make arrests for violations of such laws or ordinances.

(Prior Code, § 5-4-4) (Res. 2022-001, passed 7-26-2021)

All members of the emergency management organization created in this subchapter shall serve without compensation. The town shall not be liable for any personal or bodily injury received by any member of such organization while acting in the line of duty.

(Prior Code, § 5-4-5) (Res. 2022-001, passed 7-26-2021)

34.070 Code Adopted
34.071 Modifications Of Code
34.072 Definition
34.073 Flammable Liquids, Liquified Petroleum Gases, Explosives And Blasting Agents
34.074 Enforcement; Appeals
34.999 Penalty

The 2018 edition of the International Fire Code ("IFC"), is hereby adopted and incorporated as part of the codes and ordinances of the town, as if fully set forth at length herein; and any future editions, addenda, supplements, tables, additions, deletions, or other changes to the said 2018 IFC, which will automatically be adopted hereby and incorporated as part of the codes and ordinances of the town as the same are approved and adopted for implementation by the state. One copy of said code is on file in the office of the Town Clerk.

(Prior Code, § 5-5-1) (Ord. 2022-013, passed 6-27-2022)

The Board of Trustees shall have power to modify any of the provisions of the International Fire Code hereby adopted in its own discretion or upon application in writing by a property owner or lessee, or his or her duly authorized agent, when there are practical difficulties in the way of carrying out the letter of the code; provided, that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modifications, when granted or allowed, and the decision of the town thereon, shall be entered upon the records of the town, and for applications requesting change, a signed copy shall be furnished the applicant.

(Prior Code, § 5-5-2)

Wherever the word MUNICIPALITY is used in the International Fire Code hereby adopted, it shall be held to mean the town.

(Prior Code, § 5-5-3)

  1. Storage limits. The limits referred to in the International Fire Code in which storage of flammable liquids in outside aboveground tanks is prohibited, shall be the town limits. The limits referred to in which bulk storage of liquefied petroleum gas is restricted, and the limits in which storage of explosives and blasting agents is prohibited are hereby established as the town limits. This division (A) shall not affect installations in existence at the time this division (A) was initially adopted.
  2. Explosives; compliance with state law. It is unlawful for any person to store or keep within the town any nitroglycerin, dynamite, gunpowder, or any other highly explosive material or substance of any kind without having first complied with the laws of the state and ordinances of the town for the purpose of selling, storing, or keeping such items.

(Prior Code, § 5-5-4) Penalty, see § 34.999

  1. The International Fire Code hereby adopted shall be enforced by the Chief of the Fire Department.
  2. Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the International Fire Code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Board of Trustees within 30 days from the date of the decision appealed.

(Prior Code, § 5-5-5)

  1. Any person, firm, or corporation who violates any provision of this chapter for which no specific penalty is otherwise provided, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in § 10.99 of this code.
  2. Any person who violates any provisions of § 34.005(D), upon conviction, shall be subject to a fine as provided in § 10.99 of this code, plus assessment and administrative costs, up to 30 days' imprisonment in the Muskogee County jail, or both fine and imprisonment.

(Prior Code, §§ 5-1-5, 5-5-6) (Ord. 1996-10-2, passed 10-28-1996)

CHAPTER 50: GENERAL PROVISIONS FOR PUBLIC UTILITIES
CHAPTER 51: SOLID WASTE COLLECTION AND DISPOSAL
CHAPTER 52: WATER USE AND SERVICE
CHAPTER 53: SEWER USE AND SERVICE

50.01 Utilities Authority
50.02 Rules And Regulations Adopted
50.03 Services Outside Town Limits
50.04 Deposits For Water, Sewer, And Sanitation Services
50.05 Delinquent Accounts
50.06 Changes To Rates And Charges
50.07 Utility Extensions
50.08 Capital Improvement Fee
50.09 Reduced Rates For Seniors And/Or Disabled Persons
50.99 Penalty


Cross-reference: Tampering with or damaging public utilities, see § 130.020

The Town Utilities Authority, a public entity, is the entity responsible for providing water, sewer, and sanitation services to the citizens of the town, and thus, the town has delegated the power and authority to administer the rules and regulations and the billing and collection of the fees and charges for water, sewer, and sanitation services in the town to the Utilities Authority.

(Prior Code, § 9-1-1) (Ord. 2006-004, passed 8-28-2006)

The rates and rules of the Utilities Authority are adopted and incorporated herein by reference, fully applicable as if set out at length herein.

(Prior Code, § 9-1-2)

No water, sewer, or solid waste service shall be furnished or supplied to residential units, commercial businesses, or others lying outside of the incorporated limits of the town; except, upon proper application, review, and approval by the Board of Trustees, services may be furnished outside the town limits when it is determined to be in the best interest of the town to provide said services.

(Prior Code, § 9-1-3) (Ord. 2006-004, passed 8-28-2006)

  1. Deposit required. All customers requesting or requiring to obtain water, sewer, and/or sanitation services from the Fort Gibson Utilities Authority must put forth a deposit to the Fort Gibson Utilities Authority. The balance of such deposit, if any, will be returned to the customer after the amount of the final bill due is deducted from the deposit when service is discontinued. Deposits will not be used to pay accounts that become overdue unless service has been discontinued.
  2. Deposit amounts. Deposit amounts are as follows:

    Commercial$120
    Homeowners$100
    Rental$150
  3. Use of deposit. Any sum so deposited, upon failure to make payment for water, sewer, and/or sanitation services or any other indebtedness due to the Utilities Authority when due, shall be applied upon payment thereof, and services discontinued. Where one owes the Utilities Authority on a former bill and decides to use service, the deposit shall be as stated above and payment of the old bill before services will be commenced.

(Prior Code, § 9-1-4) (Ord. 2006-004, passed 8-28-2006; Ord. 2009-004, passed 4-27-2009; Ord. 2020-007, passed 11-9-2020)

  1. Late charges for past due accounts.
    1. Utility bills are due by the tenth of each month, and a 10% late charge will be added unless payment is received:
      1. Through the customer window by 5:00 p.m. on the tenth of the month; or
      2. Through the night drop box at the municipal building by 7:00 a.m. on the eleventh.
      3. In the mail on the eleventh; except that, the Town Administrator shall have the authority, at his /her discretion, to waive the late charge referenced in paragraph 1 above based upon good cause shown by the customer and to be considered on a case-by-case basis.
    2. If the tenth falls on a weekend or holiday, then a 10% late charge will be added unless payment is received:
      1. Through the customer window by 5:00 p.m. on the next working day; or
      2. Through the night drop box at the municipal building by 9:00 a.m. on the following working day.
  2. Disconnection of services.
    1. Notices of disconnections. Disconnect notices will be mailed at least five working days before service is disconnected.
    2. Disconnection of water service. Water service is disconnected at the meter on the twentieth of each month. If the twentieth falls on a Friday or holiday, then service will be disconnected the next working day. Service will not be disconnected if the account has less than a $15 balance. Such balance will be carried forward to the next billing cycle. Hereinafter, the day that utility services are disconnected is referred to as "cutoff day".
  3. Reconnection of services.
    1. Service charge. If payment for utility services is not received by 9:00 a.m. on cutoff day, a $25 service charge will be added to the utility bill. This charge will be added to the bill whether or not water has already been disconnected. For accounts without water services, the $25 service charge will also be added to the utility bill after 9:00 a.m. on cutoff day. Once water is disconnected, it will not be reconnected until the past due amount plus the entire service charge is paid in full.
    2. Default. Upon first default resulting in services being disconnected, an additional deposit in the amount of $50 will be required before reconnection of services. Upon second default resulting in services being disconnected, an additional deposit in the amount of $75 will be required before reconnection of services.
  4. Leak adjustments. A billing adjustment for a water leak will be allowed for an account one time per fiscal year under the following circumstances:
    1. The amount of usage for water and sewer must be three times the average amount of usage for the account. The average usage is calculated on the three months prior to the month the leak occurred.
    2. The usage over the average usage amount will be divided in half. An adjustment will be calculated and credit given to the account for one-half the usage over the average usage amount. (Example: Current usage on account is 20,000 gallons. Average usage on account is 4,500 gallons. The usage over average is 15,500, divided by one-half equals 7,750. A credit adjustment for 7,750 gallons will be calculated on both water and sewer and applied to the account.)

(Prior Code, § 9-1-5)

HISTORY
Amended by Ord. 2023-016 on 4/10/2023
  1. The rates and charges set forth in this title may be changed or modified from time to time by resolution of the Utilities Authority.
  2. A procedure is hereby established to automatically update/increase rates for water, sewer, and solid waste collection and disposal services in an amount equal to 3% of current rates. This procedure may be modified at any time by the Board of Trustees.

(Prior Code, § 9-1-6) (Ord. 2006-004, passed 8-28-2006; Ord. 2009-004, passed 4-27-2009)

  1. General provisions.
    1. Utility services may be provided to any individual, partnership, corporation, association, or other legal entity, hereinafter referred to as "developer", by the Utilities Authority, provided the Utilities Authority has the production and treatment capacity and all provisions of this code and town ordinances are met.
    2. The Utilities Authority is not required by this section to provide utility services or reimbursements for development located outside the town limits. All utility extensions and service connections for property outside the town limits will require the prior approval of a written contract with the Utilities Authority indicating the Utilities Authority will furnish water to the developer.
    3. The developer will be subject to all federal, state, and local codes and ordinances relating to utility services.
  2. Extension requirements.
    1. Water and sanitary sewer main lines must be extended to and across entire lengths of a single exterior lot line of the property to be served. A utility extension will not be required across the entire length of the exterior lot line of a property when grades or other design considerations will not allow the utility to be extended beyond the property in question.
    2. All utilities must be located within public easements or rights-of-way as approved by the Utilities Authority. The utility and all easements must be dedicated to the Utilities Authority for purposes of maintenance, operation, and control.
    3. The main lines must be extended to the property line so that the meters and service connections can be placed in front of the property. All lots to be served must abut a street a minimum distance of 40 feet and abut the Utilities Authority's main utility line for a minimum distance of 20 feet to be considered for a service connection.
    4. Each lot must have its own meter and sanitary sewer service. Not more than one customer is allowed on a service line. If a customer allows or makes more than one connection onto a service line, the Utilities Authority will discontinue utility service until the illegal connection is removed.
    5. The developer is required to maintain any utility extensions for a period of one year beginning on the date the extensions are accepted as final by the Utilities Authority.
    6. Exempt from these requirements are the areas south of U.S. Highway 62 and U.S. Highway 10, more particularly described as Sections 22, 23, 24, 25, 26, and 27, Township 15 North, Range 19 East, Muskogee County, State of Oklahoma, contained within the town limits, utilized for residential purposes, where the land is sparsely populated and the normal requirements for potable water are not applicable. The size of the line required and the location of flush plugs in the place of a fire hydrant shall be determined by a professional engineer.
    7. In the event land in the specified area is developed for a housing addition and a booster pump is needed, the costs shall be borne by the developer.
  3. Right-of-way dedications.
    1. Utility easements must be dedicated to the Utilities Authority by the landowners when public right-of-way or easements are not available. The minimum width for an easement to service a single utility is 20 feet. If more than one public utility is placed in the easement, the minimum width is 30 feet. The above widths are considered to be minimums, and additional width may be required by the Utilities Authority.
    2. If a utility extension is requested along a section line road and the right-of-way width is less than the Utilities Authority minimum of 50 feet, then the developer may be required to acquire additional right-of-way so that 30 feet of right-of-way from the section line is provided.
  4. Design requirements.
    1. Water mains.
      1. All water mains must be sized to supply pressure at the required levels as set forth in the current, approved International Fire Code at the point of service. Higher pressures and flows may be requested by the customer, which shall be subject to review and approval or denial by the Utilities Authority Administrator on recommendation of the Water Plant Superintendent and Utilities Authority Director. Any such request must be in writing and must include justification for such request. The review and approval or denial of the Utilities Authority Administrator as set forth in the section shall be accomplished within thirty (30) days of receipt of any request made hereunder and failure to respond to such request within the time specified shall result in an automatic approval, if such higher pressure does not create an undue risk to the Authority's water main or other private lines on the system. Denials of requests are subject to appeal in the same manner as other administrative decision are appealed.
      2. Water mains shall be looped when conditions allow. Dead end lines will require a fire hydrant for flushing. Fire hydrants will be required at intervals not to exceed 500 feet and be located within ten feet of a roadway. At the discretion of the Fire Chief and the Board of Trustees, fire hydrants may be installed a distance not to exceed 600 feet.
      3. The minimum water main diameter shall normally be six inches, but in no case shall the pipe diameter be less than the diameter of the existing pipe being extended. The Utilities Authority may require the pipe size to be increased to accommodate future growth or meet distribution needs.
    2. Sewer lines. All sanitary sewer extensions must be designed to allow the maximum extension of the main without additional pumping. Manholes shall be placed every 300 linear feet. However, manholes may be placed up to every 400 linear feet with approval of the Utilities Authority. All sanitary sewer lines will require a manhole at the end of the line with a stub out if an extension is possible.
    3. Compliance with subdivision requirements and state requirements. All subdivision requirements must be met, and all utility extensions must be in accordance with the State Department of Health requirements.
  5. Reimbursement to developers.
    1. If a developer extends a Utilities Authority main to serve a development and the extension is off site from the development, then the Utilities Authority may establish a special service fee for the off site utility extension if requested by the developer. The service fee will be based on the total cost of the off site utility installation divided by the length of the extension and number of sides served by the utility to establish a cost per foot per utility. The cost of the off site improvement shall be subject to the prior review and approval of the Utilities Authority engineer to be eligible for reimbursement.
    2. The developer shall pay all costs associated with the installation of the utilities, including, but not limited to, engineering, materials, permit fees, labor, bonds, and right-of-way acquisition.
    3. All new construction made to the off-site utility extension will be assessed a special service fee based on the cost per foot of the extension times the front footage of the property requesting service. This fee will be rebated back to the original developer for which the extension was installed. If a property is either fronting two lines or is a corner lot or tract, the service fee shall be reimbursed to the first developer. In the event of a single developer, the fee may be based on the longest side fronting the utility. The Utilities Authority will record a notice with the County Clerk on properties adjacent to the main line identifying the special service fee that will be required to be paid if the property is connected to the main line.
    4. The authority will maintain records for the purpose of assessing these special service fees for a period not to exceed ten years. At the end of the ten years, the special service fee will no longer be required on the utility extension.
    5. It will be the responsibility of the developer to maintain a current address with the Town Clerk. In the event that the Town Clerk cannot locate a developer for the purpose of sending a rebate, the Utilities Authority will hold the service fee for a period not to exceed one year from the date the fee was collected. At the end of one year, the fee will be placed into the gross revenue fund of the Utilities Authority.
    6. The Utilities Authority will be allowed to extend the utility mains or make service connections for authority related functions without payment of a service fee to the original developer.
  6. Annexation requirements. In the event that a developer requests utility service and the property abuts the existing town limits, the town shall consider annexation of the development in accordance with state law prior to the utility extension being approved. The town may require annexation as a condition for the sale of water or extension of the utility services.

(Prior Code, § 9-1-7) (Ord. 2006-004, passed 8-28-2006; Ord. 2014-001, passed 4-14-2014; Ord. 2018-005, passed 4-9-2018)

  1. The Utilities Authority operates the water, sewer, and sanitation systems to serve its customers both within and outside the corporate limits of the town. The utility systems are in need of immediate improvements to maintain adequate and dependable utility systems for its customers. The Utilities Authority does not have sufficient funds on hand to pay for the needed capital improvements to its utility systems and will finance the needed improvements through long term capital financing. The revenues of the Utilities Authority are insufficient to provide for the operation and maintenance of the systems and insufficient to pay the debt service payments for the costs of constructing the needed capital improvements.
  2. A capital improvement fee shall be billed to each Utilities Authority customer account and/or meter in the amount of $3 per month. This fee is hereby designated exclusively, and set aside in a separate account, for capital improvements to the utility systems of the Utilities Authority, including design costs, construction costs, right-of-way costs, financing, and debt service expense.

(Prior Code, §§ 9-5-1, 9-5-2) (Ord. 2006-004, passed 8-28-2006; Ord. 2009-004, passed 4-27-2009)

The town has a reduced solid waste/water/sewer rate for low income senior and/or disabled persons who are not otherwise receiving assistance from another source, for such services In order to qualify for the reduced rates, the following must apply verification of eligibility must be submitted annually and is subject to review by The Town/Utilities Authority at any time.

  1. Residential account. The account must be a residential (non-group home, handicapped center, or nursing home) account.
  2. Social security payments. The applicant must be 62 years of age or older; or the applicant must be receiving social security disability payments (i.e., physical or mental impairment, including developmentally disabled) and shall not be otherwise receiving utility assistance for solid waste/water/sewer services.
  3. Residence. The applicant must reside in the residence for which the reduced rate is being submitted.
  4. Responsible party. The applicant must be the responsible party for the billing. The account must be in the name of the applicant.
  5. One subsidized account per household. Subsidized rates shall be limited to one account per qualified household and is subject to annual review.
  6. Monthly income guidelines. The applicant must meet the guidelines for total monthly income per household of the Department of Housing and Urban Development's income specifications as follows:

    Family SizeMaximum Gross Monthly Income
    1$1,632
    2$2,215
    3$2,798
    4$3,380
    5$3,963
    6$4,546
    7$5,129
    8$5,712
  7. Reduced rates. , the reduced minimum monthly rates for qualifying persons who use 2,000 gallons of water or less per month shall be:


    Water ServicesSolid Waste Collection
    Sewer Services
    Inside town limits
    $25.72$23.23$18.14


  8. Water usage. Should the water usage increase above 2,000 gallons per month, the rate will revert to standard rates.
  9. Proof of age and income. Proof of age and income shall be furnished pursuant to such rules and regulations adopted by the Board of Trustees.
  10. Disqualification; removal. Applicants providing misinformation or misleading statements in their application shall be disqualified from the program. Should such misinformation or misleading statements be found subsequent to qualification, the individual shall be immediately removed from the subsidized program and any reduced rate shall be recalculated and applied to the account at the regular rate.
  11. SEVERABILITY Should any section, subsection, sentence, provision, clause, or phrase hereof be held invalid, void, or unconstitutional any other section, subsection, sentence, provision, clause, or phrase of this ordinance and the same are deemed severable for this purpose.
  12. EMERGENCY In order to maintain order for day-to-day operations and for the safety and well-being of the employees and citizens of the Town of Fort Gibson, t is necessary to declare an emergency and order the amendment hereto be immediately effective upon the passage hereof.

(Prior Code, § 9-6-1) (Ord. 2011-011-1, passed 11-28-2011) (passed 10-28-24)

Any person who shall violate any provision of this chapter shall, upon conviction, be punishable as provided in § 10.99 of this code.

(Prior Code, § 9-1-8)

51.01 Definitions
51.02 Duty To Request Garbage Service
51.03 Accumulation Of Garbage And Refuse; Storage Requirements
51.04 Polycarts And Other Containers
51.05 Residential Rates
51.06 Commercial Service
51.07 Central Business District (Commercial)
51.08 Brush Disposal Regulations And Rates
51.09 Illegal Deposits
51.10 Billing And Collections; Delinquencies
51.99 Penalty

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DUMPSTER. The container provided to commercial, industrial, and other customers that regularly have too much trash for a polycart.

GARBAGE. All putrescible wastes, except sewage and body wastes, including all meat, vegetable, and fruit refuse, and carcasses of small animals and fowl.

PERSON. Any institution, public or private corporation, individual, partnership, or other entity.

POLYCART. The small, two-wheeled container provided to residential customers, and commercial customers under special circumstances as determined by the town, used to place trash for pick up by the town.

PREMISES. Land, buildings, or other structures, vehicles, watercraft, or parts thereof, upon or in which refuse is stored.

REFUSE. All solid wastes, including garbage and rubbish.

RUBBISH. Tin cans, bottles, papers, tree limbs (which shall be cut into lengths not exceeding three and one-half feet), leaves, and the like.

RUBBLE. Brushwood, cardboard boxes, and other bulky earthen, wooden, metal, refuse like materials, longer, larger, and/or heavier than refuse.

TOWN. The Utilities Authority, which is the entity responsible for establishing and maintaining sanitation services.

(Prior Code, § 9-2-1) (Ord. 2006-004, passed 8-28-2006)

  1. To assist in maintaining the general sanitation of the town, it shall be the duty of every person occupying or having control of the occupancy of any premises located within the town limits, except as otherwise herein provided, to notify the Town Clerk at the beginning of such occupancy and request, accept, and use the garbage pick up and collection service. Failure of any owner, rental agent, or occupant of such premises to make such request shall not prevent nor in any way impair or impede the town from adding the address of such premises to the proper garbage collection route records and providing such service and otherwise enforcing by appropriate action the regulatory measures herein prescribed and causing the fees and charges therefor to be paid.
  2. Persons occupying or having control of the occupancy of any premises located within the town limits, not receiving water services from the town, shall not be required to request, accept, and use the garbage pick up and collection service.

(Prior Code, § 9-2-2) (Ord. 2010-001, passed 2-22-2010)

  1. It shall be the duty of every person, firm, or corporation owning, managing, operating, leasing, or renting any premises or any place where garbage or rubbish accumulates to maintain at all times in good order and repair, on any said premises, a portable container or containers for refuse which shall be rodentproof and flyproof, with a tightfitting lid which shall not be removed except when depositing or removing contents of the receptacle, and with handles on the sides, and of sufficient capacity and in sufficient numbers to accommodate and securely keep all of the garbage and rubbish that may accumulate between collections.
  2. All containers shall be kept clean and free from the accumulation of any substance remaining attached to the inside or outside of said container which would attract flies, mosquitoes, and other insects or animals. The container does not necessarily have to be the polycart or other approved container that the customer deposits garbage and refuse into for pick up by the town. However, all containers used for sanitation purposes will be maintained as stated above at all times.

(Prior Code, § 9-2-3) (Ord. 2006-004, passed 8-28-2006)

The following regulations apply to all persons that have been issued a polycart by the town or using other containers approved by the town.

  1. All polycarts and other containers specified herein shall be placed within three feet of the curb line and shall not be obstructed from the sanitation collector's view nor interfere with traffic in any manner. All containers and grounds immediately around same shall be kept in a safe and sanitary condition at all times.
  2. No polycarts will be picked up weighing more than 175 pounds. Items other than normal household trash, such as wood, lumber, rocks, dirt, metal, wire, any building materials whatsoever, cannot be placed in polycarts. These items have to be placed on the extra pick up list. Extra pick up charges are established hereinafter.
  3. All polycarts, including replacements, shall remain the property of the Utilities Authority.
  4. Customers issued polycarts shall be allowed to place at the curb line other types of containers for collection. These containers must be maintained as set forth in this chapter. Authorized containers for collection are as follows:
    1. Limit of two plastic or metal trash cans. Garbage and refuse must be placed in securely tied plastic bags within the said plastic or metal trash cans. Size and content requirements set forth herein for polycarts apply to these additional containers;
    2. Limit of four securely tied plastic bags for lawn clippings, weeds, and leaves; and
    3. Additional polycarts can be provided by the town. However, an additional fee equal to the polycart rate will be charged to the account of persons requesting such.
  5. Containers not specified herein are not authorized sanitation containers. The town will not be responsible for any lost, disposed of, or damaged additional containers set out by the customer for collection.
  6. All polycarts are to remain at the premises to which they are assigned. It shall be unlawful and an offense for any person to be found in possession of a cart in any place other than the assigned address.
  7. When holidays occur, trash pick up will be adjusted accordingly with all scheduled pick ups. Polycarts and additional authorized containers shall be placed at the curb line as normal.
  8. Polycarts and additional containers missed on their regularly scheduled pick up day because they were not placed by the curb will not be picked up until the customer's next regularly scheduled pick up day.
  9. Pick up service will be provided for persons with disabilities upon written request to the town, subject to the approval of the Sanitation Supervisor or Town Administrator.
  10. Upon terminating sanitation services with the town, the customer will account for his or her polycart with the town. The polycart shall be in good working condition; normal wear is expected. If a polycart has been lost, stolen, or damaged, the cost of replacement or repair will be charged against the customer account on the next billing cycle.
  11. The Utilities Authority reserves the right to change the pick up day for any sanitation route when the operational needs of the Utilities Authority dictate such. Customers will be given at least 30 days' notice prior to their pick up day changing.
  12. No polycart will be permitted in the following area contained within the business district of the town: all property bounded by Maple Street on the south; Hickory Street on the north; East Railroad Street on the west; and the alley running north and south between Jackson Street and Lee Street as the east boundary.
  13. Dumpsters and regulations for R-1 single-family residential areas are as follows.
    1. Customer must complete a dumpster request form.
    2. Customer must sign the form that they have read and understand all requirements, regulations, and penalties.
    3. Customer must pay a $20 fee for delivery and a $20 fee for pick up (removal) of dumpster.
    4. Dumpster should be placed in the alley wherever possible and/or out of sight as much as possible so as to not be offensive to neighbors.
    5. The following refuse is not allowable: antifreeze, motor oil, cooking oil, no more than two tires, dirt, rocks, bricks, concrete blocks, or other masonry materials.
    6. Use of a dumpster is limited to two requests per year, unless otherwise approved by the Town Administrator in writing; usage of a dumpster is limited to 30 days per request; 60 days maximum, unless otherwise extended as provided herein by the Town Administrator, whether consecutive months or split throughout the year.

(Prior Code, § 9-2-4) (Ord. 2006-004, passed 8-28-2006; Ord. 2023-005, passed 11-28-2022)

  1. Enumerated. The rates stated below are for once a week pick up and not containers:

    Each residential customer inside town limits
    $11.27 per month
    Each residential customer outside town limits
    $22.54 per month
    Each additional polycart requested by customer:

    Inside town limits$11.27 per month
    Outside town limits$22.54 per month
  2. Low income senior and/or disabled persons. The town has a reduced rate for solid waste removal for low income senior and/or disabled persons who are not otherwise receiving utility assistance from another source. The rates and guidelines for qualification are set forth in § 50.09 of this title.

(Prior Code,§ 9-2-5) (Ord. 2009-004, passed 4-27-2009; Ord. 2011-011-1, passed 11-28-2011)

  1. Requirements. The following regulations shall apply to all commercial customers of sanitation services with the Utilities Authority.
    1. Dumpsters will be provided to commercial customers needing such, as determined by the Town Administrator or his or her designee. The size of the dumpster will be based on volume of trash and rubbish generated by the customer. If the Town Administrator or his or her designee determines that a larger size or additional dumpsters are needed by a customer due to the volume of trash and rubbish, then the customer will be notified of such at least one billing cycle prior to the change being reflected on the customer's account.
    2. Dumpster routes will be determined and established by the Sanitation Supervisor. Commercial customers that have dumpsters available shall maintain dumpsters as required in § 51.03 of this chapter.
    3. Dumpsters shall be located as close to the commercial customer's location as possible wherein the dumpsters can be properly serviced by the town.
    4. The Utilities Authority reserves the right to change the pick up day for any sanitation route when the operational needs of the Utilities Authority dictate such. Customers will be given at least 30 days' notice prior to their pick up day changing.
  2. Rates.
    1. Dumpster. The rates stated below are based on a specified number of pick ups per week and the size of dumpster being utilized:


      1 Pick Up Per Week2 Pick Ups Per Week3 Pick Ups Per Week4 Pick Ups Per Week5 Pick Ups Per Week
      2 yard$24.06$48.13$72.19$96.25$120.31
      3 yard$34.27$68.55$102.82$137.09$171.37
      4 yard$44.49$88.97$133.45$177.93$222.42
      6 yard$55.11$110.84$166.26$221.69$277.09
    2. Polycart.


      Inside Town LimitsOutside Town Limits
      Additional polycart requested
      $15.32$30.64
      Business/church$15.32$30.64
      Central business$27.70n/a

(Prior Code, § 9-2-6) (Ord. 2006-004, passed 8-28-2006; Ord. 2009-004, passed 4-27-2009)

  1. Service regulations. The following regulations shall apply to all commercial customers of sanitation services with the Utilities Authority that operate and are classified as commercial in the Central Business District.
    1. Dumpsters will be placed around the Central Business District so as to allow the best access to all Central Business District commercial customers. Dumpsters will not be assigned to individual customers in this area. The customers in this area, as in all other areas, will be paying fees for the service, not for the dumpsters.
    2. Dumpsters will be provided to commercial customers within the Central Business District in locations as determined by the Town Administrator or his or her designee. If the Town Administrator or his or her designee determines that a larger size or additional dumpsters are needed by customers in the Central Business District due to the volume of trash and rubbish, then the customers will be notified of such at least one billing cycle prior to the change being reflected on the customer's account.
    3. Dumpster routes will be determined and established by the Sanitation Supervisor. Central Business District customers shall maintain dumpsters as required in § 51. 03 of this chapter.
    4. Dumpsters shall be located as close to the Central Business District commercial customers' location as possible wherein the dumpsters can be properly serviced by the town.
  2. Dumpster rates. The rates established for the commercial customers in the Central Business District are uniform across all customers in the Central Business District except as set forth in division (C) below. The rate is the same as the rate charged for business polycart service.
  3. Commercial customers within the Central Business District may request a dumpster exclusively for their use. Dumpster requirements and rates shall be as set forth in § 51. 06 of this chapter.

(Prior Code, § 9-2-7) (Ord. 2006-004, 8-28-2006; Ord. 2009-004, passed 4-27-2009; Ord. 2018-004, passed 3-26-2018)


  1. Policies and procedures for the disposal of brush at the brush lot are as follows:
    1. Brush will only be accepted from citizens of the town. You must provide a current Fort Gibson utilities bill or photo i.d. that matches your Fort Gibson utilities account.
    2. A Town Officer will inspect the material to be disposed.
    3. Brush disposal will be available Monday through Friday between the hours of 8:00 a.m. and 3:30 p.m.
    4. Brush will be accepted per the following rate schedule. Rate schedule for brush disposal may be amended from time to time at the discretion of the Board of Trustees.

      Non-commercial Dump Truck $25
      Any trailer larger than 16 feet.
      $20
      Trailer larger than 4x8 up to 16 feet.
      $15
      Normal pickup load or 4x8 trailer size
      $10
    5. Payments must be made at the Town Hall prior to disposal.
    6. BRUSH is defined as cut or broken branches, leaves, limbs, shrubbery or tree trimmings. Refuse, grass clippings, inground tree stumps, or any nonvegetative material used for construction purposes are not included in this definition.

(Prior Code, § 9-2-8) (Ord. 2006-004, passed 8-28-2006; Ord. 2007-001, passed 4-23-2007; Ord. 2008-006, passed 11-10-2008)(amended 11-13-20230

It shall be unlawful for any person to dump, deposit, throw, or in any manner leave or abandon any solid waste, including, but not limited to, garbage, tin cans, bottles, rubbish, refuse, or trash, on property owned by another person without the written permission of the owner or occupant of such property, or on any public highway, road, street, avenue, or alley, upon public parks or recreation areas, within or on top of any dumpster or upon any other public property within the incorporated limits of the town.

(Prior Code, § 9-2-9) (Ord. 2006-004, passed 8-28-2006)

All bills for the collection and disposal of solid waste shall be rendered monthly along with other utility charges rendered by the Utilities Authority. If a customer fails to pay fees and charges for sanitation services when due, customer's water service, if such is provided by the Utilities Authority, will be disconnected as provided by this title. If the customer is only provided sanitation services through the Utilities Authority and fails to pay fees and charges when due, civil action will be taken by the Town Attorney on behalf of the Utilities Authority.

(Prior Code, § 9-2-10) (Ord. 2006-004, passed 8-28-2006)

Any person who violates any provision of this chapter, upon conviction, shall be subject to a fine as provided in § 10.99 of this code, plus assessment and administrative costs.

(Prior Code, § 9-2-11) (Ord. 1998-12-1, passed 1-26-1999)

52.01 Connection Required
52.02 Application For Service
52.03 Deposit Required
52.04 Separate Connections And Stopcocks Required
52.05 Water Taps
52.06 Water Meters
52.07 Water Rates
52.08 Master Water Meters And Rates
52.09 Bills For Service; Delinquencies
52.10 Turning Water Off And On; Charges
52.11 Inspections; Entry Powers
52.99 Penalty

Each occupied residence and each occupied business or commercial building in the town shall connect to the town's water system within 60 days after the adoption of this section; provided, however, that said 60 days does not begin to toll until said water system is constructed and such service shall be brought within at least 300 feet of the residence or business property line. This section does not apply to the development of a subdivision as defined in Chapter 156 of the town code.

(Ord. 2015-001, Passed 3-25-2015) Penalty, see § 52.99

Before any person shall be entitled to the right to connect with or take or use water from the main of the water system of the Utilities Authority or from any of its appurtenances, services, or connections, an application for such right must be made by owner of the premises or by his or her duly authorized agent at the office of the Utilities Authority. At the time of making the application, the owner shall pay all charges for making the connection with the mains and furthermore agree that, although he or she has paid the cost of installing the connecting pipes, the Utilities Authority shall have complete control of such pipes to his or her property line.

(Prior Code, § 9-3-1) (Ord. 2006-004, passed 8-28-2006)

The Utilities Authority shall demand from all consumers making application for water service a cash deposit. Deposit amounts are set forth as follows:

Commercial$50 (minimum)
Fireplug meter$200
Homeowners (includes mobile/modular/prefabricated homes placed on real property owned by homeowner)
$30
Rental$60

(Prior Code, § 9-3-2) (Ord. 2010-001, passed 2-22-2010)

All single resident houses shall be required to have separate and distinct connections to the Utilities Authority mains and separate stopcocks. Whenever the Utilities Authority finds more than a single house supplied from one pipe, it shall at once have its water turned off, and said water shall not be again turned on until separate connections are made.

(Prior Code, § 9-3-3) (Ord. 2006-004, passed 8-28-2006)

  1. Construction requirements.
    1. Responsibilities of owner. All excavations, backfills, and road bores shall be done at the owner's expense. The owner and/or contractor will be responsible for any damages to the utility main during excavation.
    2. Materials.
      1. The Utilities Authority shall furnish a three-fourths-inch meter and tap all water mains.
      2. Connections, tapping valves, saddles, tapping sleeves and materials (i.e., loops, meter boxes, pipe needed to make connections and meters larger than three-fourths-inch, and the like), shall be purchased from the Utilities Authority so that consistency of materials used on utility mains and lines may be maintained. Purchase price shall be determined by the current price paid by the Utilities Authority for said materials (on meters larger than three-fourths-inch, credit for cost of three-fourths inch meter will be allowed).
  2. Tapping fees. The following fee schedule is established for all tapping of or connections with the Utilities Authority's water mains and may be changed as deemed necessary:

    Inside/Outside Town Limits
    Fee
    Residential and commercial
    $150
    Plus costs and credits set forth in division (A) of this section
  3. Special connection fee areas.
    1. Area established. A special connection fee area along South Scott Street as set out on exhibit A, attached to the ordinance codified herein and on file in the office of the Town Clerk and available for public use and inspection, is hereby established.
    2. Fees established. The following special connection fees are established for all structures requiring building permits within the special connection fee areas established under division (C)(1) above. CONSTRUCTION shall be defined as issuance of a building permit. Fees shall be assessed whether or not additional water lines are required for the new structures. Fees shall be collected prior to the issuance of a building permit when other building permit fees are due. The special connection fees are as follows:

      StructureSpecial Connection Fee
      Commercial/industrial expansions
      $250 minimum, plus $1 per 100 square feet of building area
      Multi-family residential
      $250 per unit
      New commercial/industrial
      $500 minimum, plus $1 per 100 square feet of building over 10,000 square feet of building area
      Single-family residential
      $350
    3. Fees are additional. The fees established by this division (C) shall be in addition to all other fees established by the town or the Utilities Authority.
    4. Fees to cease. All fees for water connections established by this division (C) shall cease when the total capital cost of the installation of the Scott Street water improvements has been recovered as determined by the audit of the town.

(Prior Code, § 9-3-4) (Ord. 2002-0011, passed 11-25-2002; Ord. 2006-004, passed 8-28-2006)

  1. Meter required; location; installation. Every water service shall be supplied with a meter, and the meter must be so located that all water leaving the main, on account of the service connection, must pass through it. The meter shall be installed by the Utilities Authority and shall be adequate for supplying the service. No water meters shall be placed in driveways or upon any private property.
  2. Reading meters.
    1. All water meters shall be read monthly, unless bad weather or other serious deterrent exists, at such times, in such areas of the town and in accordance with such schedule as shall be established by the Utilities Authority.
    2. Where the customer demands a rereading of his or her meter and the reading is found to be correct, the customer shall pay a charge of $10 to the Utilities Authority. In the event the first reading is incorrect, no charge will be made to the customer.
  3. Inspections. Periodic inspections of all meters shall be made at such times as deemed advisable by the Utilities Authority.
  4. Testing meters; fee. Water meters shall be tested by the Utilities Authority upon demand by any customer, upon a reasonable showing of evidence or belief that the meter is not recording accurately and upon payment of $25 for such test. In the event the meter is found, upon test, to be more than 3% fast, the sum of $25 shall be returned to the party paying the same.
  5. Replacement of meters. The Utilities Authority reserves the right to change a water meter when deemed necessary, and in the process of setting, removing, or changing meters, the Utilities Authority will not be responsible for damage or defective service lines, where the damage is not caused by the Utilities Authority.
  6. Curb cock in water meter box. Immediately adjacent to the curb, located on the parking, there shall be placed inside the water meter box a solid head "T" handle roundway curb cock.
  7. Meters for large water services.
    1. When the service requires the use of a water meter larger than a three-fourths-inch outlet, the user shall provide a meter and a meter box constructed to the specifications of the Utilities Authority. All materials, corporation, tapping valves, saddles, and sleeves shall be furnished by the owner. The owner will be responsible for all excavations and backfills. Construction shall meet the specifications of the Utilities Authority.
    2. All meters larger than a three-fourths-inch outlet used for the purpose of connecting with Utilities authority's water lines shall be owned by the users, and all such meters shall be subject to the approval of the Utilities Authority as to kind, size, and location and, while in use, must always be under exclusive control of the Utilities Authority. All replacement meters must be purchased by the user.
  8. Obstruction of meters prohibited.
    1. Water meters shall not be covered with dirt, debris, or other foreign matter, or be fenced or in any way made inaccessible by the consumer.
    2. If any consumer violates this division, his or her water may be turned off and service not restored until the condition is corrected to the satisfaction of the Utilities Authority.

(Prior Code, § 9-3-5) (Ord. 2006-004, passed 8-28-2006; Ord. 2006-006, passed 9-11-2006)

All water furnished by the Utilities Authority shall be billed at the following rates:

  1. Inside town limits.

    First 2,000 gallons
    $25.72 minimum
    Next 3,000 gallons
    $4.16 per 1,000 gallons
    All over 5,000 gallons
    $4.76 per 1,000 gallons
  2. Outside town limits.

    First 2,000 gallons
    $51.44 minimum
    Next 3,000 gallons
    $8.32 per 1,000 gallons
    All over 5,000 gallons
    $9.52 per 1,000 gallons
  3. Low income senior and/or disabled persons. The town has a reduced rate for water services for low income senior and/or disabled persons who are not otherwise receiving utility assistance from another source. The rates and guidelines for qualification are set forth in § 50.09 of this title.
  4. Rural water districts. Two dollars forty four cents per 1,000 gallons. Any increase or decrease in rates shall be based on a demonstrable increase or decrease in the costs of performance.
  5. Large industrial users. Notwithstanding the provisions of divisions (A) and (B) above, water furnished by the authority to a single industrial user which utilizes in excess of 5,000,000 gallons per month shall be billed at the following rate: $1.89 per 1,000 gallons. Any increase or decrease in rates shall be based on a demonstrable increase or decrease in the costs of performance.
  6. Temporary connections. Water used at temporary connections will be charged in accordance with divisions (A) and (B) above.
  7. Reduced rate for vacating premises. In order to qualify for a reduced billing rate under the vacation code, customers must vacate from the residence for three of the four weeks of the water billing period (twentieth to the twentieth) and must not use over 200 gallons of water during this period.

(Prior Code, § 9-3-6) (Ord. 2006-004, passed 8-28-2006; Ord. 2009-004, passed 4-27-2009; Ord. 2011-011-1, passed 11-28-2011)

  1. Rules and regulations. All apartment complexes, housing complexes, mobile home parks and any other individually owned lines serving more than one residence and/or commercial structure utilizing water service that meets the following conditions are required to be established on a master water meter and have its usage read from said master water meter:
    1. New service.
      1. The customer is responsible for setting the meter vault, a master meter, and performing any other necessary connections or service required in order to install the master meters on all apartment complexes, housing complexes, mobile home parks, and any other individually owned lines serving more than one residence and/or commercial structure utilizing water service that is established after the effective date hereof.
      2. When the master meter service on apartment complexes, housing complexes, mobile home parks, and any other individually owned lines serving more than one residence and/or commercial structure utilizing water service requires the use of a water meter larger than a three-fourths-inch outlet, the appropriate size meter will be installed at the particular location.
      3. All meters larger than a three-fourths-inch outlet, used for the purpose of connecting with the Utilities Authority's water lines, will be owned by the user, and all such meters will be subject to the approval of the Utilities Authority as to kind, size, and location and, while in use, must always be under exclusive control of the authority and accessible at all times to the authority or its representatives. All replacement master meters must be purchased by the customer.
    2. Existing service.
      1. Any existing apartment complexes, housing complexes, mobile home parks and any other individually owned lines serving more than one residence and/or commercial structure utilizing water service that currently has a master water meter is required to keep such master water meter and is not allowed to install individual water meters in each of its structures and/or dwellings served by its master water meter.
      2. Any existing apartment complexes, housing complexes, mobile home parks, and any other individually owned lines serving more than one residence and/or commercial structure utilizing water service that does not currently have a master water meter is required to install a master water meter that serves all of that customer's users on its property if such customer adds an additional user, i.e., any structure and/ or dwelling that utilizes water service, to its property. This does not include the addition of a structure and/or dwelling at a location on the property that already has a water line serving that exact location on the property.
      3. When any existing apartment complexes, housing complexes, mobile home parks, and other individually owned lines serving more than one residence and/or commercial structure utilizing water service that does not currently have a master water meter is sold, the new property owner is required to install a master water meter that serves all of the users and any future users on its property.
      4. The customer will be responsible for setting the meter vault, master meter, removing the existing water meters, and performing any other necessary connections or service required in order to install master meters on any additions to all apartment complexes, housing complexes, mobile home parks, and any other individually owned lines serving more than one residence and/or commercial structure utilizing water service.
      5. When the master meter service on existing apartment complexes, housing complexes, mobile home parks, and any other -individually owned lines serving more than one residence and/or commercial structure utilizing water service requires the use of a water meter larger than a three-fourths-inch outlet, the appropriate size meter will be installed at the particular location.
      6. All meters larger than a three-fourths-inch outlet, used for the purpose of connecting with the Utilities Authority's water lines, will be owned by the user, and all such meters will be subject to the approval of the Utilities Authority as to kind, size, and locations and, while in use, must always be under exclusive control of the Utilities Authority and accessible at all times to the Utilities Authority or its representatives. All replacement master meters must be purchased by the customer.
    3. Recreational vehicle parks. Rates for water usage by a recreational vehicle park shall be billed at the same rate as residential customers, based upon actual number of gallons used, according to the current rate schedule including annual rate increases.
  2. Deposit required. The deposit required for service through master meters will be set at $250 or two times the actual monthly usage, whichever is greater.
  3. Rates. All water furnished by the Utilities Authority through master meters will be set at the following rates.
    1. Inside town limits.
      1. Seventeen dollars minimum, zero to 2,000 gallons' usage, per existing connection to the master meter. An EXISTING CONNECTION is defined as any connection to the customer's service line whether or not there is a user at that location. It is the customer's responsibility to provide written verification of the number of such connections.
      2. Two dollars seventy five cents per 1,000 gallons for the next 3,000 gallons (2,001 to 5,000 gallons) used.
      3. Three dollars fifteen cents per 1,000 gallons for all usage over 5,000 gallons.
    2. Outside town limits.
      1. Thirty four dollars minimum, zero to 2,000 gallons' usage, per existing connection to the master meter. An EXISTING CONNECTION is defined as any connection to the customer's service line whether or not there is a user at that location. It is the customer's responsibility to provide written verification of the number of such connections.
      2. Five dollars fifty cents per 1,000 gallons for the next 3,000 gallons (2,001 to 5,000 gallons) used.
      3. Six dollars thirty cents per 1,000 gallons for all usage over 5,000 gallons.

(Prior Code, § 9-3-7) (Ord. 1996-9-2, passed 9-23-1996; Ord. 2006-004, passed 8-28-2006; Ord. 2009-004, passed 4-27-2009; Ord. 2013-005, passed 11-12-2013) Penalty, see § 52.99

  1. Rendition of bills; failure to receive bill. All bills for water services shall be rendered monthly and as soon after the meter reading date as practicable. Reasonable care will be exercised for delivery of water bills. Failure to receive such bills shall not relieve the consumer from payment of bills within the prescribed period, nor exempt him or her from the responsibility imposed for delinquency of accounts.
  2. Payment of bills; returned check fee. All charges for water services shall be due and payable at the office of the Utilities Authority in the municipal building of the town. At the time indicated on the bill therefor, all accounts that become delinquent shall be paid in full with penalty, and no partial payment will be accepted by the Utilities Authority. A charge of $25 shall be made to the customer upon all returned unpaid checks given in payment of water bills and deposits.

(Prior Code, § 9-3-8) (Ord. 2006-004, passed 8-28-2006)

  1. Authority to turn off water.
    1. The Utilities Authority reserves the right to control the connections to the waterworks and may turn the water off at any time for repairs or maintenance to the Utilities Authority waterworks.
    2. The Utilities Authority shall have the right at any time to shut off the water in the main pipes for the purpose of repairing the same, making connections or extensions to the same, cleaning the same, or repairing the machinery or any part of the waterworks, and the Utilities Authority shall not be liable for any damage for leaks or breakage of pipes in any premises.
  2. Charges for shutting off and resuming service.
    1. When deemed necessary, the Utilities Authority may shut off water to any customer as the result of plumbing trouble or for any reason where the Utilities Authority deems it necessary to do so in the interest of the public health. If at any time, upon request of the property owner, where such service is performed, the Utilities Authority shall make charge of $10 during regular hours; and after hours, weekends, and holidays the charge shall be $20, for each call to the property for the purpose of either shutting off the meter or reactivating the service.
    2. Every person using water from the Utilities Authority waterworks shall at all reasonable times permit the Utilities Authority or representative to enter the premises or building to examine the water pipes and fixtures or to determine the manner in which the water is used.

(Prior Code, § 9-3-9) (Ord. 2006-004, passed 8-28-2006)

Every person using water from the Utilities Authority waterworks shall at all reasonable times permit the Utilities Authority or representative to enter the premises or building to examine the water pipes and fixtures or to determine the manner in which the water is used.

(Prior Code, § 9-3-10)

  1. Whoever violates any provision of this chapter for which no specific penalty is otherwise provided, shall be subject to the provisions of § 10.99.
  2. Any person, firm, corporation, or entity violating any prov1s1on of § 52.01 shall upon conviction thereof, be liable for a fine not to exceed $200 and each day that any violation of any provision of § 52.01 is allowed to exist shall be and constitute a separate offense.

(Ord. 2015-001, passed 3-25-2015)

53.01 Definitions
53.02 Required And Prohibited Connection
53.03 Private Sewage Disposal
53.04 Required Permits
53.05 Disconnecting Sewers And Permits
53.06 Prohibited Discharge And Industrial Wastes Regulations
53.07 Protection From Drainage
53.08 Powers And Authority Of Inspectors
53.09 Application For Service; Connection To System
53.10 New Sewers And Connections; Tapping Fees
53.11 Sewer Rates
53.12 Bills For Service; Delinquencies
53.13 Industrial Users
53.14 Automatic Annual Increase
53.15 Industrial Sanitary Sewer Lift Station
53.99 Penalty

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADMINISTRATIVE OFFICERS. Any office referred to in this chapter by title, such as, Town Administrator, Town Attorney, Town Clerk, Wastewater Superintendent, and the like, shall be the person so retained in this position by the town, or duly authorized representative.

APPROVING AUTHORITY. The Town Administrator or the town's duly authorized representative appointed by the Town Administrator.

BOD (Denoting BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen by weight utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° C, expressed in milligrams per liter. The laboratory determination shall be made in accordance with the procedures set forth in Standard Methods.

BOARD OF TRUSTEES. The duly elected governing body of the town.

BUILDING DRAIN. That part of the lowest horizontal piping or a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys to the building sewer beginning five feet outside the foundation of the building wall.

BUILDING SEWER. The extension from the building drain to the public sanitary sewer or other places of disposal, beginning five feet outside the foundation of the building wall.

COD (Denoting CHEMICAL OXYGEN DEMAND). The measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant, usually potassium dichromate, expressed in milligrams per liter. The laboratory determination shall be made in accordance with the procedures set forth in Standard Methods.

COMMERCIAL CUSTOMER. Any customer who is not a residential customer.

COMMERCIAL USE. Any use not for a residence.

DOMESTIC SEWER. Waterborne wastes normally discharging from the sanitary conveniences of dwellings (including apartments, houses, and hotels), surface water and industrial wastes.

ENGINEER. The consulting engineer for the town, or the town's duly authorized representative appointed by the Town Administrator.

GARBAGE. Solid wastes and residue from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of food products and produce.

INDUSTRIAL WASTES. All waterborne solids, liquids, or gaseous wastes resulting from any industrial, manufacturing, or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage as distinct from normal domestic sewage.

JURISDICTION. Any or all areas the sanitary sewer conveys sewage to sewerage system.

LICENSED MASTER PLUMBER. Any person skilled in the installation of plumbing and licensed by the State Department of Environmental Quality.

MILLIGRAMS PER LITER (mg/l). A factor of one milligram by weight to one liter of solution.

NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

NORMAL DOMESTIC SEWAGE. Normal sewage in which concentration of suspended materials is established at 250 mg/l and five days at 20°C BOD is established at 225 mg/1, by weight, on the basis of the normal daily contribution of 0.20 pounds per capita, per 100 gallons.

PERMITTEE. That person applying for a permit to construct a sanitary sewer main or to connect to an existing sanitary sewer.

PERSON. Any and all persons, natural or artificial, including any individual, firm, or company, industry, municipal or private corporation, association, society, governmental agency, or other entity and agents, servants, or employees.

pH. The logarithm (base-10) of the reciprocal of the hydrogenation concentration of a solution. It shall be determined by one of the procedures outlines in Standard Methods.

PRIVATE DISPOSAL SYSTEM. That facility owned, operated, and maintained by any person, individual, firm, company, association, society, corporation, or group for the purpose of collecting and disposing of sewer within the property owned by the person.

PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

PUBLIC SANITARY SEWER. A sewer in which all owners of abutting properties shall have equal rights and is controlled by public authority.

RESIDENCE. Any house unit occupied by a single family. In the case of multiple units, each unit is a RESIDENCE.

SANITARY SEWER. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

SEWAGE. A combination of water carried waste from residences, business buildings, institutions, and industrial establishments.

SEWAGE TREATMENT PLANT. All facilities for collecting, pumping, transporting, treating, and disposing of sewage.

SEWAGE WORKS. The arrangement of devices and structures used for treating sewage.

SEWER. A pipe or conduit for carrying sanitary sewage.

SEWER SERVICE CHARGE. The charge made on all users of the public sewerage system whose wastes do not exceed in strength the concentration values established as representative or normal sewage.

SEWERAGE. The system of sewers and appurtenances for the collection, transportation, and pumping of sewage and industrial wastes.

SHALL/MAY. Wherever used in this chapter SHALL will be interpreted in its mandatory sense; MAY is permissive.

SLUG. Any discharge of water, sewage, or industrial waste which, in concentration of any constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during the normal operation.

STANDARD METHODS. The examination and analytical procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater as prepared and published by the Water Environmental Federation.

STORM SEWER or STORM DRAIN. A sewer which carries storm and surface waters and drainage but excludes sewage and polluted industrial wastes.

STORMWATER RUNOFF. That portion of the rainfall that is drained off into the storm sewers.

SURCHARGE. The charge in addition to the published water and sewer rates. The basis for surcharges on industrial wastes is a capital and operating cost for suspended solids and BOD.

SUSPENDED SOLIDS. Solids that either float on the surface or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. Quantities determination of SUSPENDED SOLIDS shall be made in accordance with procedures set forth in Standard Methods.

TOWN. The town together with all its governing and operational bodies.

UNPOLLUTED WATER OR WASTE. Any water or waste containing none of the following: free or emulsified grease or oil, acid alkali, phenols, or other substances imparting taste and odor in receiving water; toxic poisonous substances in suspension, colloidal state, or solution; and noxious or odorous gases. It shall contain not more than ten milligrams per liter (10 mg/l) each of suspended solids and BOD. The color shall not exceed 30 color units as defined in Standard Methods.

WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.

(Prior Code, § 9-4-1) (Ord. 2006-004, passed 8-28-2006)

  1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within any area under the jurisdiction of said town any human or animal excrement, garbage, or other objectionable waste.
  2. It shall be unlawful to discharge into any natural outlet within the jurisdiction of the town any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter, as amended.
  3. Except as hereinafter provided under this division (C), it shall be unlawful to construct or maintain within the jurisdiction of the town any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
  4. The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes situated within the jurisdiction of the town is hereby required, at his or her expense, to install suitable toilet facilities there and to connect such directly with the proper public sanitary sewer in accordance with the provisions of this chapter within 90 days after date of official notice to connect.
  5. In any building in which the building drain is too low to permit gravity flow to the public sanitary sewer, sanitary sewage from such buildings shall be lifted by an approved means and discharged into the building sewer or public sanitary sewer.
  6. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff, ground water, or other unpolluted water or waste to a building sanitary sewer or building drain which in turn is connected directly or indirectly to the public sanitary sewer, and all such connections existing at the passage date hereof shall be removed immediately.

    1. The connection of the building sewer into a public sanitary sewer shall conform to the requirements of the town plumbing codes or other applicable rules and regulations of the town.
    2. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved, in writing, by the approving authority.
  7. The owner of any building, which is connected to the public sanitary sewer, shall be required to operate and properly maintain the building drains and building sanitary sewer in accordance with all provisions of these regulations at no expense to the town.

(Prior Code, § 9-4-2) (Ord. 2006-004, passed 8-28-2006) Penalty, see § 53.99

  1. Where a public sanitary sewer is not available under the provisions of § 53.02(D) of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter.
  2. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from the town. The permit application shall be supplemented by any plans, specifications, test results, or other information as are deemed necessary by the approving authority. A permit and inspection fee shall be paid to the town at the time the application is filed.
  3. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the approval authority. It shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the approving authority when the work is ready for final inspection and before any underground portions are covered.
  4. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Environmental Quality. No permit shall be issued for any private sewage disposal system employ subsurface soil absorption facilities where the area of the property is less than 12,000 square feet. No septic tank or cesspools shall be permitted to discharge into any natural outlet without specific written approval which shall become a part of the permit.
  5. At such time as a public sanitary sewer becomes available to a property served by a private sewage disposal system, as provided in this chapter, a direct connection shall be made by the owner to the public sewer in compliance with these regulations and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material, as directed by the approving authority.
  6. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the town.
  7. No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the State Department of Environmental Quality or other authority.

(Prior Code, § 9-4-3) (Ord. 2006-004, passed 8-28-2006)

  1. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sanitary sewer or appurtenance thereof without first obtaining a written permit from the town.

    1. There shall be two classes of building sewer permits:
      1. For residential service; and
      2. For commercial service and for service to establishments producing industrial wastes.
    2. In either case the owner or his or her agent shall make application on a form furnished by the town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the approving authority. A fee for a residential building sewer application and for an industrial or commercial building sewer application shall be paid to the town. At the time the application is completed and all fees associated with the permit have been paid, the approving authority may issue the permit.
  2. Each application for a building sewer permit shall be signed by the licensed master plumber responsible for the work to be performed as shown on the application. The work done under the permit shall be supervised by the licensed master plumber.
  3. A separate and independent building sewer shall be provided for every individually owned residential or commercial building, and each such building shall have its own connection to the public sewer. Multiple ownership of building sewers is prohibited.
  4. The size, slope, alignment, and materials of construction of building sanitary sewer and the methods to be used in excavation placing jointing, and testing of the pipe and in backfilling the trench shall all conform to the rules and regulations of the town and the town plumbing code.
  5. The applicant for the building sewer connection permit shall notify the approving authority when the building sewer is ready for inspection and connection to the public sanitary sewer. The connection shall be made under the supervision of the proper authority of the town. No work shall be covered until the inspection and tests have been made and written approval given.
  6. In the event the building sewer is connected to a manhole, it shall be inserted through the wall not more than two feet above the bottom or a satisfactory drop shall be installed. The connection shall be thoroughly patched inside and out with portland cement mortar to make a watertight connection.
  7. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public property disturbed in the course of the work shall be restored in a manner satisfactory to the town.

(Prior Code, § 9-4-4) (Ord. 2006-004, passed 8-28-2006) Penalty, see § 53.99

  1. Before any dwelling or other building having a connection to the public sanitary sewer system is moved or demolished, the building sanitary sewer shall be disconnected at the town main, or by special permission, at the adjacent property line by the owner. The remaining portion of the building sanitary sewer leading into the public sanitary sewer shall be sealed and made watertight by the owner.
  2. Prior to the disconnection of any such building sanitary sewer, a permit shall be obtained from the town. A permit and inspection fee shall be paid at the time the application is filed. After the disconnection seal is made and before the work is covered the town shall be notified, and no work shall be covered until the inspection has been made and the work approved. The town shall give written notice of approval.

(Prior Code, § 9-4-5) (Ord. 2006-004, passed 8-28-2006)

  1. No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters into any public sanitary sewer.
  2. No person shall discharge into public sewers any waste which by itself or by interaction with other wastes may:
    1. Injure or interfere with wastewater treatment processes or facilities;
    2. Constitute a hazard to humans or animals;
    3. Create a hazard in the receiving waters of the wastewater treatment plant effluent; or
    4. Preclude the selection of the most cost effective alternative for wastewater treatment and sludge disposal.
  3. Any new connections from inflow sources into the sanitary sewer portions of the sewer system shall be prohibited.
  4. No person shall discharge or cause to be discharged any of the following described waters or wastes into any public sanitary or storm sewer:
    1. Any gasoline, benzene, naphtha, fuel, oil, or other flammable or explosive liquid, solid, or gas;
    2. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of one mg as CN in the wastes as discharged into the public sanitary sewer;
    3. Any waters or wastes having a pH lower than 6.0 or over nine, or having any other corrosive properties capable of causing damage or hazard to the structures, equipment, and/or personnel of the sewage works; and/or
    4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair, fleshings, entrails, paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders.
  5. Except as provided in this division (E), no person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes. The substances prohibited are:
    1. Any liquid or vapor having a temperature higher than 150°F (65°C) or any discharge which causes an increase of the temperature of the sewage treatment plant influent to 100°F, or at a rate of increase of temperature of 10°F one hour above ambient;
    2. Any water or waste containing fats, wax, grease, or oils whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32°F and 150°F (0° and 65°C);
    3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the approving authority;
    4. Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions, whether neutralized or not;
    5. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances or other wastes exerting an excessive oxygen or chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the approving authority for such materials;
    6. Any waters or wastes containing phenols or other taste or odor producing substances in such concentrations which either exceed:
      1. Limits established by the approving authority, or after treatment of the composite of the sewage; or
      2. Requirements of the state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
    7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the approving authority in compliance with applicable state or federal regulations; and
    8. Materials which exert or cause:
      1. Unusual concentrations of inert suspended solids such as, but not limited to, fuller's earth, lime slurries, and lime residues or dissolved solids such as, but not limited to, sodium sulfate;
      2. Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning solution; or
      3. Unusual BOD or total suspended solids (TSS) (greater than 250 milligrams per liter by weight), chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment plant, unless permitted by a permit from the ODEQ or the town.
  6. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
    1. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge into the receiving waters.
    2. Discharges of heavy metals and/or materials exceeding the following concentrations in milligrams per liter shall not be permitted:

      Arsenic0.05
      Barium5.00
      Boron1.00
      Cadmium0.03
      Chromium0.10
      Copper1.00
      Cyanide0.20
      Lead0.10
      Manganese1.00
      Mercury0.005
      Nickel0.03
      Selenium0.05
      Silver0.10
      Tin0.03
      Zinc1.00
    3. Concentrations of the above metals and/or materials in excess of one-tenth of these levels at the waste treatment plant headworks will require modification of the levels for individual discharges as necessary to lower the influent levels.

    1. If any waters or wastes are discharged, or are proposed to be discharged, to the public sanitary sewers, which waters contain the substances or possess the characteristics enumerated in this section, and which in the judgment of the town may have an effect upon the sewage works, processes, equipment, or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the town may:
      1. Refuse to accept the waste for treatment;
      2. Require pretreatment to an acceptable condition for discharge to the public sanitary sewers;
      3. Require control over the quantities and rates of discharge; and/or
      4. Require payment to cover the added cost of handling and treating the wastes not covered by sewer service charges.
    2. If the approving authority permits the pretreatment or equalization of wastes flows, the design and installation of the plants and equipment shall be subject to the requirements of all applicable codes, ordinances, and laws.
  7. In the event the town elects to accept an industrial waste which contains either BOD or suspended solids, or both, in concentrations exceeding the limits set in this section following the prescribed pretreatment and/or chlorine demand exceeding normal domestic sewage, the customer shall pay a surcharge.
  8. Grease, oil, and sand interceptors shall be provided when, in the opinion of the approving authority, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or single-family dwelling units. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. The owner shall be responsible for operation and maintenance of private grease, oil, and sand traps.
  9. Where pretreatment or flow equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.
  10. When required by the approving authority, the owner of any property serviced by a building sanitary sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely proved by the approving authority. The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.
  11. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the downstream manhole in the public sewer nearest to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analysis involved will determine whether a 24-hour composite of all outfalls of the premises is appropriate or whether a grab sample or samples should be taken.

(Prior Code, § 9-4-6) (Ord. 2006-004, passed 8-28-2006) Penalty, see § 53.99

No unauthorized person shall maliciously, willfully, or knowingly break, damage, destroy, deface or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject, for each offense, to a fine of not more than 30 days, or to both such fine and imprisonment, and such person shall also be liable for all damages and costs incident to the replacement or repair of the facilities so damaged.

(Prior Code, § 9-4-7) (Ord. 2006-004, passed 8-28-2006) Penalty, see § 53.99

  1. The approving authority and other duly authorized employees of the town bearing property credentials and identification shall be permitted to enter all properties during reasonable hours for the inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The approving authority or its representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
  2. While performing the necessary work on private properties referred to in division (A) above, the approving authority and duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company or owner and the company and/or owner shall be held harmless for injury to or death of the town employees shall indemnify the company against employees' liability claims and demands of personal injury or property damage asserted against the company and growing out of the gauging sampling operation.
  3. The approving authority and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties on which there lies a public sanitary sewer for the purpose of inspection, operation, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said properties.
  4. The approving authority and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties on which there lies a public sanitary sewer for the purpose of disconnecting service if their waste discharge is found in violation of any portion of these regulations.

(Prior Code, § 9-4-8) (Ord. 2006-004, passed 8-28-2006)

  1. Application for service. Before any person shall be entitled to the right to connect with the mains of the sewer system of the Utilities Authority, an application for such right must be made by the owner of the premises, or by his or her duly authorized agent, at the office of the Utilities Authority. At the time of making the application, the owner shall pay all charges for making the connection with the sewer line and furthermore agree that, although he or she has paid the cost of the connecting pipes, the Utilities Authority shall have complete control of such pipes to his or her property line.
  2. Application for extension of service. Applications for construction of extensions to the mains to serve new subdivisions must have State Department of Health approval and be accompanied by plans and specifications prepared by a licensed engineer.
  3. Connection to system. All connections to the Utilities Authority's sewer main shall be made by a duly licensed plumber, recognized and registered by the state and registered by the town.

(Prior Code, § 9-4-9) (Ord. 2006-004, passed 8-28-2006; Ord. 2006-006, passed 9-11-2006)

  1. Connection requirements.
    1. Connection to system required. When a public sewer becomes available within 300 feet, the building sewer shall be connected to said sewer within 60 days.
    2. Connection specifications. The connection of the building sewer into the public sewer shall conform to the requirements of the International Code Council and other applicable rules and regulations of the town.
    3. Design and construction specifications. All new sanitary sewage works shall be designed and constructed in accordance with the requirements of the State Department of Health regulations.
  2. Tapping fees.
    1. Four-inch tap: $100;
    2. Pecan Ridge Subdivision: $1,000;
    3. Southern Oaks: $500; and
    4. All taps above six inches will be charged on the basis of actual materials and labor used, plus 15% for supervision.
  3. Special connection fee areas.
    1. Area established. A special connection fee area along South Scott Street as set out on exhibit B attached to the ordinance codified herein and on file in the office of the Town Clerk and available for public use and inspection is hereby established.
    2. Fees established. The following special connection fees are established for all structures requiring building permits within the special connection fee areas established under division (C)(1) above. CONSTRUCTION shall be defined as issuance of a building permit. Fees shall be assessed whether or not additional water lines are required for the new structures. Fees shall be collected prior to the issuance of a building permit when other building permit fees are due. The special connection fees are as follows:

      StructureSpecial Connection Fee
      Commercial/industrial expansions
      $375 minimum, plus $1.50 per 100 square feet of building area
      Multi-family residential
      $350 per unit
      New commercial/
      industrial
      $750 minimum, plus $1.50 per 100 square feet of building over 10,000 square feet of building area, plus $0.75 per 100 square feet over 10,000 square feet of building area
      Single-family residential
      $500
    3. Fees are additional. The fees established by this division (C) shall be in addition to all other fees established by the Utilities Authority.
    4. Fees to cease. All fees for water connections established by this division (C) shall cease when the total capital cost of the installation of the Scott Street sewer improvements has been recovered as determined by the audit of the town.
  4. Inspections. The applicant for the building sewer connection permit shall notify the Utilities Authority when the building sewer is ready for inspection and connection to the public sanitary sewer. The connection shall be made under the supervision of the proper authority of the Utilities Authority. No work shall be covered until the inspection and tests have been made and written approval given.

(Prior Code, § 9-4-10) (Ord. 2006-004, passed 8-28-2006)

  1. Metered service. For the purpose of providing funds for the maintenance of the sewer system of the town and for other purposes, including the construction of sewage disposal facilities, required by the Utilities Authority, there is hereby established the following schedule of monthly fees for the disposal of sewage through the sewer system of the authority based on metered water consumption each month:

    Inside town limits
    First 2,000 gallons
    $12 minimum
    All over 2,000 gallons
    $1.45 per 1,000 gallons
    Outside town limits
    First 2,000 gallons
    $24 minimum
    All over 2,000 gallons
    $2.90 per 1,000 gallons
    Large industrial users$1.12 per 1,000 gallons
  2. Nonmetered service. In the case of users not on a meter basis, a flat fee in the amount of $30 per month is established.
  3. Low income senior and/or disabled persons. The town has a reduced rate for sewer services for low income senior and/or disabled persons who are not otherwise receiving utility assistance from another source. The rates and guidelines for qualification are set forth in § 50.09 of this title.
  4. Recreational vehicle parks. Rates for sewer usage by a recreational vehicle park shall be billed at the same rate as residential customers, based upon actual number of gallons used, according to the current rate schedule including annual rate increases.

(Prior Code, § 9-4-11) (Ord. 2006-006, passed 9-11-2006; Ord. 2009-004, passed 4-27-2009; Ord. 2011-011-1, passed 11-28-2011; Ord. 2013-005, passed 11-12-2013)

  1. Rendition of bills; payment. The charge for the use of the sewers shall be billed to each user monthly, along with the bill for water and solid waste disposal, and will carry the same due date, grace periods, and penalties as the water bills. The Utilities Authority is directed not to accept payment of the water bill unless such payment is accompanied with the sewer and solid waste disposal.
  2. Delinquencies. If a customer fails to pay the fees and charges for sewer service when due, customer's water service shall be disconnected, as provided by § 50.05(B) of this title.

(Prior Code, § 9-4-12) (Ord. 2006-004, passed 8-28-2006)

  1. Discharges into system. BOD and TSS industrial: Industrial users contributing an average of over 100 pounds per day of BOD (biochemical oxygen demand) or of TSS (total suspended solids) shall be subject to a BOD charge of $0.41 per pound of BOD above 250 milligrams per liter in strength and a TSS charge of $0.25 per pound of TSS above 250 milligrams per liter in strength.
  2. Formula.

    Total charges = flow charges + strength BOD charge + strength TSS charge + excess BOD strength charge + excess TSS charge

    (monthly water usage)
    ($2.31) +
    1,000

    ($0.39 per lb. BOD) (BOD strength(1) - 250 mg/l) x (daily sewer usage) (8.33 lbs./gallon)
    (number of days in billing month)
    1,000,000
    1. Daily strength based on daily flow-based sampling

      + ($0.25 per lb of TSS) (TSS strength- 250 mg/l) x (daily sewer discharge) (8.33 lbs./gallon)
      (number of days in billing month)

      Where:

      $2.31 is charge per 1,000 gallons of flow

      $0.41 is charge per pound of BOD

      $0.25 is charge per pound of TSS
    2. Daily sewer discharge shall be the total of daily sewer flows leaving the industrial site as measured by the industry's flow meter.
    3. BOD and/or TSS strength in milligrams per liter is laboratory determined value based on average of 24-hour flow based composite samples collected and tested by the town.
    4. Flow meter reading will be taken, and sample collection will be performed by the town each day within one and one-half hours of the same time each day.
      1. (BOD strength - 250 mg/l) is BOD strength above domestic sewage.
      2. (TSS strength - 250 mg/l) is TSS strength above domestic sewage.
      3. 8.33 converts gallons to pounds.
  3. Testing costs.
    1. Monthly BOD and TSS charges shall be based on the average of 24-hour composite samples collected and tested by the town.
    2. Sampling and testing fees shall be a flat rate of $750 per month.
  4. Charges for BOD loadings exceeding permit limits issued by the State Department of Environmental Quality. In cases where an industry has been issued a permit by the State Department of Environmental Quality which limits the BOD and TSS which can be discharged to the town's system a surcharge for BOD above the 3,300 pounds per day and TSS discharges above 1,000 pounds per day shall be added to the total sewer charges as follows:
    1. The additional BOD charge for daily discharges above 3,300 pounds per day and less than 4,950 pounds per day shall be $0.41 per pound. (Total of $0.82 per pound including BOD charge.)
    2. The additional BOD charge for daily discharges above 4,950 pounds per day up to 8,250 pounds per day shall be $0.62 per pound. (Total of $1.03 per pound including BOD charge.)
    3. The additional BOD charge for daily discharges above 8,250 pounds per day shall be $1 per pound. (Total of $1.41 per pound including BOD charge.)
    4. The additional TSS charge for discharge above 1,000 up to 1,500 pounds per day shall be $0.15 per pound. (Total of $0.40 per pound including TSS charge.)
    5. The additional TSS charge for discharges above 1,500 pounds per day shall be $0.20 per pound. (Total of $0.45 per pound including TSS charge.)

(Prior Code, § 9-4-13) (Ord. 2006-004, passed 8-28-2006; Ord. 2018-008, passed 7-23-2018; Ord. 2020-005, passed 6-22-2020)

Repealed

(Ord. 2017-003, passed 10-25-2017; Ord. 2020-005, passed 6-22-2020, Ord. 2026-002 passed 7-28-2025)

  1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    INDIVIDUAL SANITARY SEWER LIFT STATION (LIFT STATION). A prepackaged lift station designed to handle the sanitary sewer discharge from a single customer.

    PRESSURIZED SERVICE LINE (FORCE MAIN). A small diameter pressurized pipeline leading from the individual sanitary sewer lift station to the town's main sewer line located in the public right-of-way.

    PRESSURIZED SEWER SYSTEM. A network of small diameter pressurized pipes, valves, and appurtenances connecting a group of individual sanitary sewer lift stations that form a sanitary sewer collection system in a defined area.
  2. Pressurized sewer systems.
    1. The town will allow the installation of an individual sanitary sewer lift station (lift station) provided it meets the specifications and requirements of the town and the State Department of Environmental Quality. The use of the individual sanitary sewer lift stations shall only be allowed in areas where conventional gravity systems are not available or practical. High ground water, hilly terrain, relative elevations to gravity sewers, difficult trench excavation due to rock, excessive distances to available gravity sewers, and housing density shall be some of the factors used to determine the allowable use of a pressurized sewer system. The use of individual sanitary sewer lift station systems will be allowed only upon the prior approval and authorization by the Town Engineer.
    2. All customers within a development or subdivision approved for a pressurized sewer system will be required to install a lift station and connect to the system. Duplexes, row houses, and townhouses will be required to have a separate lift station for each individual dwelling unit. Commercial centers may share one lift station provided the unit is sized to carry the full peak load of the development and the commercial center remains under a single ownership being served by a single master water meter.
    3. Lift stations shall be regarded as integral components of the wastewater system and not part of individual home plumbing for purposes of maintenance. Force mains shall be designed to handle the entire sanitary sewer needs of the area it serves.
  3. Access and easements.
    1. The developer will be required to include the following statement on all subdivision plats permitted for the installation of a pressurized sewer system in lieu of conventional gravity sewer systems.

      ACCESS EASEMENT FOR PUBLIC SEWER SYSTEMS USING INDIVIDUAL SANITARY SEWER LIFT STATIONS

      I, _____________, owner, developer, successor, or assignee, hereby establish a definitive, permanent, and exclusive public utility easement for the purpose of providing sanitary sewer service to lots within this subdivision. The utility easement will extend 7.5 feet either side of the pressurized service line, which begins at the individual lift station and ends at the sanitary sewer main located in a public right-of-way easement. The above utility easement will also include the actual location of the individual lift station and associated electrical control panel.
    2. A customer will be required to give the town a utility easement for the pressurized service line and the individual lift station if their property is not included in a subdivision approved for this type of pressurized system. Failure to provide an easement or access will be grounds to deny service.
    3. The town's agents and employees shall at all times have right of access to all such easements provided for in this deed of dedication for the purpose of maintaining, removing, or replacing any portion of said sanitary sewer pumping facility or associated appurtenance.
    4. The individual sanitary sewer lift station must be located on the side of the house where the driveway is located. The lift station must be accessible by town maintenance vehicles. The customer must not obstruct access to the lift station by building fences, planting trees, shrubs, or building other obstructions near or adjacent to the lift station. The area immediately above the lift station must be kept clear of obstructions for purposes of lifting equipment out of the station. In the event a customer blocks access to the lift station the town may refuse service until the customer removes the obstructions preventing access to the station.
      1. The customer will be required to purchase the lift station from a supplier or manufacturer approved by the town. The town will not accept or maintain equipment that does not comply with the approved standard. The customer will own all the equipment associated with the lift station.
      2. The customer will be responsible for installing the lift station and pressurized service line leading to the main line located in the public's right-of-way or easement. The customer will retain a licensed plumber and electrician to install and test the lift station. The town must inspect and approve all installations prior to the lift station being placed in service.
      3. The customer shall not tamper or allow any tampering with the force main or the lift station located on his or her property.
      4. The customer shall not alter the grade or allow any construction activity which may interfere with said sewer facilities.
  4. Maintenance and operation.
    1. The customer will own the individual lift station and the town or its agent will provide routine maintenance of said individual lift station.
      1. The town will maintain an inventory of spare parts for maintenance purposes. The town's area of concern for maintenance purposes will include the lift station and the pressurized lines leading from the lift station to the collection system. The town will not maintain any household plumbing or any pipelines conveying wastewater into the lift station. Routine maintenance will include unstopping the pressurized line from the lift station to the town's sewer main, resetting electrical float switches, replacing valves/switches, troubleshooting the electrical system of the lift station, or unclogging the pump.
      2. The customer will be responsible for the following items:
        1. Maintenance of the gravity sewer lateral between the home or business and the individual lift station;
        2. Operating the lift station according to the manufacturer's recommendations. The following materials are prohibited from being discharged into the lift station: grease, rags, sand, hard solid objects, rocks, diapers, or other cloth like fibrous materials;
        3. Cost of all replacement parts or materials required to return the pumping unit, electrical system, or pressurized service line back into service;
        4. Notifying the town when the lift station triggers the on-site alarm and requesting service;
        5. Providing electrical service to the lift station and paying the monthly electrical charge as well as the utility fees associated with the discharge of sewer to the town's collection system; and
        6. The customer will be required to warranty the lift station for a period of one year after the unit is placed in service and inspected by the town. The customer shall require the installation contractor and manufacturer to provide this warranty. The warranty will include all parts and labor associated with maintenance and operation of the lift station.
    2. All material and shipping costs associated with the replacement of any of the parts of the individual lift station unit will be borne by the customer. The town may charge for a service call to cover labor and equipment in addition to the cost of materials. A service call less than two hours shall be $50 for labor and equipment with a rate of $50 per hour thereafter. The town will be required to give the customer a detailed list of all the replacement parts and associated cost. Replacement parts will be billed at the actual cost of the part plus 15% for handling. These costs will be added to the customer's monthly utility bill for payment.
    3. The town may contract out the maintenance of the individual sanitary sewer lift stations to an outside plumbing contractor who will act as an agent for the town. In the event the town contracts out the maintenance of the lift station the cost of labor for a service call will be adjusted according to the contract price.
  5. Equipment specifications. Individual lift stations must meet the following minimum criteria or specifications.
    1. The lift station shall be operated on 208 or 240 volts single phase electrical service.
    2. The force main leading from the lift station to the main line shall be a minimum of one-fourth inch inside diameter, schedule 40 PVC and buried with a minimum cover of 30 inches. The line shall have a no. 12 solid copper insulated tracer wire attached to all force mains.
    3. The electrical panel shall contain an audible alarm, flashing light alarm, and lightning arrestor, and be mounted 48 inches aboveground.
    4. The pump basin shall be constructed out of fiberglass and designed to hold a minimum of 250 gallons.
    5. The pump shall be of the centrifugal type, with an integrally built in grinder in it and submersible motor. The grinder unit must be capable of macerating all material in normal domestic or commercial sewage. The motor shall be of the submersible type, two horsepower at 3,450 rpm.
    6. The motor shall have a heat sensor thermostat and overload attached to the top end of the motor windings to stop the motor if the motor winding temperature reaches 2,000°F.
    7. There shall be an electrical disconnect switch mounted on the outside of the building readily accessible to maintenance personnel.
    8. The Town Engineer shall approve all manufacturers of equipment and maintain detailed specifications concerning the installation and materials on file.
  6. Interruption of service due to power outage. The town assumes no liability for interruptions in sanitary sewer service due to loss of electrical power. The town will not provide any special provisions for customers that experience extended power outages. It will be the responsibility of the customer to prevent sewer backups resulting from extended power outages. Failure to prevent backups may result in water service being terminated.
  7. Applicability. The provisions of this chapter shall apply to all individual sanitary sewer lift stations currently installed and accepted for maintenance by the town.

(Prior Code, § 9-4-14) (Ord. 2006-004, passed 8-28-2006)

  1. Penalties for prohibited discharges.
    1. A person who continues prohibited discharges is guilty of a misdemeanor and, upon conviction, is punishable by a fine as provided in § 10. 99 of this code for each act of violation and for each day of violation.
    2. In addition to proceeding under authority of division (A)(1) above, the town is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.
  2. Termination of service. The town reserves the right to terminate service to any customer that fails to pay bills when due or discharges any prohibited wastes into the sewer system.

(Prior Code, § 9-4-15) (Ord. 2005-003, 7-25-2005)

CHAPTER 70: TRAFFIC RULES
CHAPTER 71: PARKING REGULATIONS
CHAPTER 72: RECREATIONAL VEHICLES
CHAPTER 73: ENFORCEMENT

70 General Provisions
70 Traffic Provisions
70 Traffic-Control Signs, Signals, And Markings
70 Driving Rules
70 Pedestrians
70 Vehicle Equipment And Condition

70.001 Short Title
70.002 Scope
70.003 State Traffic Code Adopted
70.004 Definitions

This title and all amendments hereto may be cited or referred to as the traffic code of the town and may so appear upon all official documents, records, or instruments.

(Prior Code, § 7-1-1)

Except as specifically provided by law as set forth in this title, the traffic code shall be controlling and shall apply to the use of town streets, alleys, thoroughfares, parks, parkways, public parking lots, school driveways, streets, parking lots, or any other public right-of-way or municipally owned land, including streets and other ways that form the boundary line of the town, by pedestrians and by vehicles of every kind whether self-propelled or otherwise and whether moving or at rest.

(Prior Code, § 7-1-2)

The provisions of the State Motor Vehicle Code, 47 O.S. §§ 1-101 et seq., and the rules of the road, 47 O.S. §§ 11-101 et seq., are hereby adopted and incorporated herein by reference, and are enforceable by the town within the town limits as fully as if set out at length herein. The provisions and definitions contained in 47 O.S. §§ 1-101 through 1-186 are hereby adopted and incorporated herein by reference, applicable to control of traffic and to this title. At least one copy of the provisions adopted in this section is on file in the office of the Town Clerk for public use, inspection, and examination.

(Prior Code, § 7-1-3)

For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALLEY. Public ways which are used primarily to service the back or side of a property which also abuts on a street; a minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

AMBULANCE. A motor vehicle constructed, reconstructed, or arranged for the purpose of transporting ill, sick, or injured persons.

AUTHORIZED EMERGENCY VEHICLES.

  1. When equipped as prescribed in division (B) of this definition, the following are AUTHORIZED EMERGENCY VEHICLES:
    1. Vehicles of fire departments;
    2. Ambulances or vehicles specified pursuant to 63 O.S. § 1-2512(B), of licensed ambulance service providers;
    3. State vehicles of law enforcement agencies;
    4. County vehicles of sheriffs and full time commissioned deputies;
    5. Municipal vehicles of police departments;
    6. Vehicles owned and operated by the United States Marshals Service or the Federal Bureau of Investigation;
    7. Vehicles of State National Guard units designated by the Adjutant General for support to civil authorities; and
    8. Vehicles owned and operated by any local organization for emergency management as defined by 63 O.S. § 683.3.
  2. All vehicles prescribed in division (A) above of this definition shall be equipped with sirens capable of giving audible signals as required by the provisions of 47 O.S. § 12-218 and flashing red lights as authorized by the provisions of 47 O.S. § 12-218.

BICYCLE, ELECTRIC ASSISTED BICYCLE, and MOTORIZED BICYCLE.

  1. BICYCLE.
    1. Any device propelled solely by human power upon which any person or persons may ride, having a seat or saddle for the use of each rider, and:
      1. On a BICYCLE, two tandem wheels, either of which is 20 inches or more in diameter;
      2. On a tricycle, three wheels in any configuration, of which at least one is 20 inches or more in diameter; or
      3. On a quadcycle, four wheels in any configuration, of which at least two are 20 inches or more in diameter.
    2. The wheel diameter provisions of this definition shall not apply to recumbent bicycles.
    3. As used in this title, the term BICYCLE shall include tricycles, quadcycles, or similar human-powered devices, electric assisted bicycles, and motorized bicycles unless otherwise specifically indicated.
  2. ELECTRIC ASSISTED BICYCLE.
    1. Any BICYCLE with:
      1. Two or three wheels;
      2. Fully operative pedals for human propulsion and equipped with an electric motor:
        1. With a power output not to exceed 1,000 watts;
        2. Incapable of propelling the device at a speed of more than 20 mph on level ground; and
        3. Incapable of further increasing the speed of the device when human power alone is used to propel the device at a speed of 20 mph or more.
    2. An ELECTRIC ASSISTED BICYCLE shall meet the requirements of the Federal Motor Vehicle Safety Standards, being 49 U.S.C. Subchapter II as set forth in federal regulations and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied.
  3. MOTORIZED BICYCLE. Any BICYCLE having:
    1. Fully operative pedals for propulsion by human power;
    2. An automatic transmission; and
    3. A combustion engine with a piston or rotor displacement of 50 cubic centimeters or less, regardless of the number of chambers in the engine, which is capable of propelling the bicycle at a maximum design speed of not more than 30 mph on level ground.

BUS. Every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

BUSINESS DISTRICT. The territory contiguous to and including a highway if there are buildings within 600 feet of the highway in use for business or industrial purposes, including, but not limited to, hotels, banks, office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side, or 300 feet collectively on both sides of the highway.

CENTER LANE. Any clearly marked center lane. If the CENTER LANE is not marked and no cars are parked on the roadway, then the CENTER LANE is equally distanced between the curbs or traveled portion of the roadway. In the event a vehicle or vehicles are parked on one side of the roadway only, then the CENTER LANE is equally distanced from the side of the parked vehicle or vehicles toward the street and curb on the opposite roadway. If vehicles are parked on each side of the roadway, then the CENTER LANE is equally distanced from the edges of the parked vehicles.

COMMERCIAL VEHICLES. Every vehicle designed, maintained, or used primarily for the transportation of property.

CONTROLLED ACCESS HIGHWAY. Every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.

CROSSWALK. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway. CROSSWALK also means any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

DOUBLE PARK. Parking or stopping a vehicle on the roadway side of another vehicle already parked adjacent to the edge or curbing of the roadway.

DRIVER or OPERATOR. A person who drives or is in actual physical control of a vehicle.

EMERGENCY. An unforeseeable occurrence of temporary duration causing or resulting in an abnormal increase in traffic volume, cessation or stoppage of traffic movement, or creation of conditions hazardous to normal traffic movement, including fire, storm, accident, riot, or spontaneous assembly of large numbers of pedestrians in such a manner as to impede the flow of traffic.

HIGHWAY. See definition of STREET.

INTERSECTION.

  1. The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadway of two streets, which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets join at any other angle, may come in conflict; or
  2. Where a street includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided street by an intersecting street shall be regarded as a separate intersection. In the event such intersecting street also includes two roadways 30 feet or more apart, then every crossing of two roadways of such streets shall be regarded as separate INTERSECTIONS.

LIMIT LINES. Boundaries of parking areas, loading zones, and nontraffic areas and lines indicating the proper place for stopping where stops are required.

LIMITED ACCESS HIGHWAY. See definition of CONTROLLED ACCESS HIGHWAY.

LOADING ZONE. A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or material. A "freight curb loading zone" is a loading zone for the exclusive use of vehicles during the loading or unloading of freight; a "passenger curb loading zone" is a loading zone for the exclusive use of vehicles during the loading or unloading of passengers.

MOPED. Any motor driven cycle with a motor which produces not to exceed two brake horsepower and which is not capable of propelling the vehicle at a speed in excess of 30 mph on level ground. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeters, and the MOPED shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.

MOTOR DRIVEN CYCLE. Any motor vehicle having:

  1. A power source that:
    1. If the power source is a combustion engine, has a piston or rotor displacement of greater than 35 cubic centimeters but less than 150 cubic centimeters, regardless of the number of chambers in the power source;
    2. If the power source is electric, has a power output of greater than 1,000 watts.
  2. A seat or saddle for the use of each rider; and
  3. Not more than three wheels in contact with the ground.

MOTOR VEHICLE. Every vehicle which is self-propelled.

MOTORCYCLE. Any motor vehicle having:

  1. A seat or saddle for the use of each rider;
  2. Not more than three wheels in contact with the ground, but excluding a tractor; and
  3. A combustion engine with a piston or rotor displacement of greater than 150 cubic centimeters.

MOTORIZED SCOOTER.

  1. Any vehicle having:
    1. Not more than three wheels in contact with the ground;
    2. Handlebars and a foot support or seat for the use of the operator; and
    3. A power source that is capable of propelling the vehicle at a maximum design speed of not more than 25 mph on level ground; and:
      1. If the power source is a combustion engine, has a piston or rotor displacement of 35 cubic centimeters or less regardless of the number of chambers in the power source; and
      2. If the power source is electric, has a power output of not more than 1,000 watts.
  2. For purposes of this definition, an "electric personal assistive mobility device", as defined in 47 O.S. § 1-114A and "bicycle", "electric assisted bicycle", or "motorized bicycle", as defined in this section, shall not be considered a MOTORIZED SCOOTER.
  3. A MOTORIZED SCOOTER shall not be required to be registered under the laws of the state. The operator of a MOTORIZED SCOOTER shall not be required to possess a driver's license or to comply with the vehicle insurance or financial responsibility laws of the state.

OFFICIAL TIME. Whenever certain hours are named herein, they shall mean Central Standard Time, or daylight saving time, as may be in current use in the town.

OFFICIAL TRAFFIC-CONTROL DEVICE. All signs, barricades, signals, markings, and devices not inconsistent with this title, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

PARK or PARKING. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers, provided such loading and unloading is in an authorized place.

PEDESTRIAN. Any person afoot.

POLICE OFFICER. Every officer of the Police Department, or any officer authorized to direct or regulate traffic or to make arrests for violation of traffic regulations.

PRIVATE ROAD OR DRIVEWAY. A way or place in private ownership or leading to property in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner.

PUBLIC PARKING LOT. A parking lot or right-of-way dedicated to public use or owned by the state or a political subdivision thereof.

RAILROAD. A carrier of persons or property upon cars, operated upon stationary rails.

RAILROAD TRAIN. A steam engine, diesel, electric, or other motor, with or without cars coupled thereto, operated upon rails.

RESIDENCE DISTRICT. The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.

RIGHT-OF-WAY. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.

ROADWAY. That portion of a street improved, designed, and ordinarily used for vehicular travel, exclusive of the shoulders. In the event a street includes two or more separate roadways, the term ROADWAY, as used herein, shall refer to any such roadway, separately, but not to all such roadways, collectively.

SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times, while set apart as a SAFETY ZONE.

SCHOOL ZONE. All streets or portions of streets immediately adjacent to a school, or school ground, where same is adjacent and for a distance of 300 feet in each direction.

SIDEWALK. The portion of a street between the curb lines or at lateral lines of the roadway and adjacent property lines, intended for use of pedestrians.

STAND or STANDING. Any stopping of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

STOP. When required, shall mean the complete cessation from movement.

STOP or STOPPING. When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic signal.

STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

THROUGH STREET OR HIGHWAY. A street, boulevard, or highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which:

  1. Vehicular traffic from intersecting streets or highways is required by law to yield right-of-way to vehicles on such through street or highway, in obedience to either a stop or yield sign; and
  2. Stop signs are erected as provided in this title.

TRAFFIC. Pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any highway or street for purpose of travel.

TRAFFIC-CONTROL DEVICES OR SIGNALS. Any device legally authorized and used for the purpose of regulating, warning, or guiding traffic.

U-TURN. A turn by which a vehicle reverses its course of travel on the same street.

URBAN DISTRICT. The territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals ofless than 100 feet for a distance of one-quarter mile or more.

VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn, upon a highway or street, except devices moved by human power or used exclusively upon stationary rails or tracks.

(Prior Code, § 7-2-1)

70.015 Application Of Provisions
70.016 Emergency And Experimental Regulations
70.017 Driver And Vehicle Licenses Required
70.018 Insurance Required; Exceptions
70.019 Permitting Unauthorized Person To Drive
70 020 Accidents

  1. Pushcarts, animals, animal-drawn vehicles. Every person propelling any pushcart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle shall be subject to the provisions of this title applicable to the driver of any vehicle, except those provisions of this title which by their very nature can have no application.
  2. Public officers and employees. The provisions of this title shall apply to the driver of any vehicle owned by or used in the service of the United States government, any state, county, town, or governmental unit or agency, as well as to other vehicles. It is unlawful for any such driver to violate any of the provisions of this title, except as otherwise permitted in this title by state statute. This title shall not apply to the military forces of the United States and organizations of the national guard when performing any military duty.
  3. Public works vehicles. Unless specifically made applicable, the provisions of this title, except those relating to reckless driving and driving while intoxicated, shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a street, or to persons, motor vehicles, and other equipment while actually engaged in construction, maintenance, or repair of public utilities. All street or highway and public utility operations shall be protected by adequate warning signs, signals, devices, or flagpersons. The provisions of this title shall apply to any of the persons and vehicles exempted by this section when traveling to and from such work.

(Prior Code, § 7-3-1) Penalty, see § 73.99

The Mayor, subject to any directions which the Board of Trustees may give by motion or resolution, is empowered to adopt regulations necessary to make effective the provisions of the traffic ordinances of the town and to make temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulations shall remain in effect for more than 90 days.

(Prior Code, § 7-3-2)

  1. Driver license.
    1. No person shall operate any motor vehicle on the highways without having in his or her possession at all times, when operating such motor vehicle, an unrevoked or unsuspended driver license as required by the laws of the state, unless such person is specifically exempted from such laws by the provisions thereof. No person charged with violating this division (A)(1) shall be convicted if he or she produces in court a driver license issued to him or her and valid at the time of his or her arrest.
    2. No person shall operate a motor vehicle in any manner in violation of any restriction that may be imposed in a restricted license issued to him or her with respect to the type of, or special mechanical control devices required on, a motor vehicle or any other restriction applicable to the licensee as the state may determine.
    3. No person shall operate a motor vehicle when his or her privilege to do so is canceled, suspended, revoked, or denied. Any person convicted of violating this division (A)(3) shall be punished by a fine as provided in § 10.99 of this code. Each act of driving on the streets or highways as prohibited by this division (A)(3) shall constitute a separate offense.
  2. Vehicle license. It is unlawful to operate a vehicle of any kind upon a street of the town without a state vehicle license as may be required by law or to fail to display the state vehicle license as may be required by law.

(Prior Code, § 7-3-3) Penalty, see § 73.99

  1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
    1. COMPULSORY INSURANCE LAW. The law requiring liability insurance in conjunction with the operation of a motor vehicle in the state as found in 47 O.S. Article VI, Chapter 7, and § 7-606, and any amendments thereto.
    2. OPERATOR'S POLICY. An operator's policy of liability insurance which shall insure the named person against loss from the liability imposed upon him or her by law for damages arising out of the operation or use by him or her of any motor vehicle not owned by him or her, subject to the same limits of liability required in an owner's policy.
    3. OWNER'S POLICY. An owner's policy of liability insurance which:
      1. Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is thereby to be granted;
      2. Shall insure the person named therein and insure any other person, except as provided in division (c) of this definition, using an insured vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, operation, or use of such vehicle;
      3. May provide for exclusions from coverage in accordance with existing laws; and
      4. Shall be issued by an authorized carrier providing coverage in accordance with 47 O. S. § 7-204, and any amendments thereto.
    4. SECURITY.
      1. A policy or bond meeting the requirements of 47 O.S. § 7-204, and any amendments thereto;
      2. A deposit of cash or securities having the equivalency of limits required under 47 O.S. § 7-204, and any amendments thereto, as acceptable limits for a policy or bond;
      3. Self-insurance, pursuant to the provisions of 47 O.S. § 7-503, and any amendments thereto, having the equivalency of limits required under 47 O.S. § 7-204, and any amendments thereto, as acceptable limits for a policy or bond; or
      4. For vehicles registered pursuant to the provisions of 47 O.S. § 1127, a policy or bond meeting or exceeding the requirements of 47 O.S. § 7-204; provided, the policy or bond may be issued by an insurance company or surety company authorized to do business in the state of residence or domicile of the member of the armed forces, and the motor license agent or other registering agency shall accept the security verification form issued by such insurance company or surety company.
    5. SECURITY VERIFICATION FORM. A form, approved by the State Insurance Commissioner, verifying the existence of security required by the compulsory insurance law of the state.
  2. Proof of insurance required. Every operator of a motor vehicle registered in the state shall, while operating or using such vehicle within the town's boundaries, carry either an operator's or an owner's security verification form issued by a carrier, provided the operator is not excluded from coverage thereon, or an equivalent form issued by the Department of Public Safety, reflecting liability coverage.
  3. Exemptions. The following shall not be required to carry an owner's or operator's security verification form, or an equivalent form from the State Department of Public Safety, during operation of the vehicle and shall not be required to surrender such form for vehicle registration purposes:
    1. Any vehicle owned or leased by the federal or state government, or any agency or political subdivision thereof;
    2. Any vehicle bearing the name, symbol, or logo of the business, corporation, or utility on the exterior and which is in compliance with the compulsory insurance law according to records of the State Department of Public Safety, which records reflect a deposit, bond, self-insurance, or fleet policy;
    3. Fleet vehicles maintaining current vehicle liability insurance as required by the corporation commission or any other regulating entity;
    4. Any licensed taxicab; and
    5. Any vehicle owned by a licensed motor vehicle dealer.
  4. Enforcement and penalty.
    1. An owner or operator who fails to produce for inspection a valid and current security verification form, or equivalent form which has been issued by the State Department of Public Safety, upon request of any peace officer of the Department, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided in § 10.99 of this code.
    2. Any person producing proof in court that a current security verification form, or equivalent form which has been issued by the State Department of Public Safety, reflecting that liability coverage for such person was in force at the time of the alleged offense shall be entitled to dismissal of such charge.
    3. Upon conviction or bond forfeiture, the court clerk shall forward an abstract to the State Department of Public Safety within ten days reflecting the action taken by the court.

(Prior Code, § 7-3-4)

No person shall authorize or knowingly permit any vehicle owned by him or her or under his or her control to be driven upon any highway by any person who is not authorized under the provisions of the laws of the state to operate such vehicle.

(Prior Code, § 7-3-5) Penalty, see § 73.99

  1. Duties of drivers involved in accidents.
    1. Injury to or death of persons. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of the accident, or as close thereto as possible, and shall forthwith return to, and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of division (B) below. Every such stop shall be made without obstructing traffic more than is necessary.
    2. Attended vehicles. The driver of any vehicle involved in an accident resulting only in damage to a vehicle, which is driven or attended by any person, shall immediately stop such vehicle at the scene of the accident, or as close thereto as possible, and shall forthwith return to, and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of division (B) below. Every such stop shall be made without obstructing traffic more than is necessary.
    3. Unattended vehicles. The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the correct name and address of the driver and owner of the vehicle striking the unattended vehicle, and provide said operator or owner with information from his or her "security verification form", as defined by § 70.018(A) of this chapter, or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking, and providing information from his or her "security verification form", as defined by § 70.018(A) of this chapter, and a statement of the circumstances thereof.
    4. Fixtures. The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of the driver's name and address and of the registration number of the vehicle being driven and shall, upon request, exhibit a driver license and "security verification form", as defined in§ 70.018(A) of this chapter, and shall make report of such accident when and as required in division (C) below.
  2. Information and aid.
    1. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his or her correct name, address, and registration number of the vehicle he or she is driving, and shall, upon request, exhibit his or her driver license and his or her "security verification form", as defined in § 70.018(A) of this chapter, to the person struck or the driver or occupant of or person attending any vehicle collided with. The driver shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person. Any driver who provides information required by this section which is intentionally inaccurate shall be subject to the provisions of division (D) below.
    2. Any driver of any vehicle involved in an accident who could be cited for any traffic offense where said accident resulted in the immediate death or great bodily injury, as defined in 21 O.S. § 646(B), of any person shall submit to drug and alcohol testing as soon as practicable after such accident occurs. The traffic offense violation shall constitute probable cause for purposes of 47 O.S. § 752, and the procedures found in said § 752 shall be followed to determine the presence of alcohol or controlled dangerous substances within the driver's blood system.
  3. Report required. The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or in which it is apparent that damage to one vehicle or to the property is in excess of $300 shall, as soon as practicable, report such accident to a police officer or to the Police Department unless settlement of the collision has been made within six months after the date of the accident; and provided, that if a settlement has been made, a report of the settlement must be made by the parties. If a driver makes out a written report of the accident in the office of the Police Department as soon as practicable after the accident, which report is to be forwarded to the State Department of Public Safety in accordance with state law, the driver shall be deemed to be in compliance with this section.
  4. Violation; penalty. Any person failing to stop or to comply with any of the requirements of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in § 73.99 of this code.

(Prior Code, § 7-3-6)

70.035 Authority To Install Traffic-Control Devices
70.036 Specifications
70.037 Obedience To Official Traffic-Control Devices
70.038 Effect Of Traffic Signs For Enforcement Purposes
70.039 Unauthorized Signs, Signals Or Markings
70.040 Interference With, Damage To Traffic-Control Devices
70.041 Play Streets
70.042 Designation Of Crosswalk And Safety Zones
70.043 Traffic Lanes
70.044 Maintenance And Construction Zones
70.045 Traffic-Control Signal Legend
70.046 Flashing Signals
70.047 Pedestrian Control Signals
70.048 Testing Traffic-Control Devices
70.049 Exceptions From Provisions

Town personnel, subject to any directions given by the Board of Trustees by motion or resolution, shall have placed and maintained traffic-control signs, signals, and devices when and as required under the traffic ordinances of the town to make effective the provisions of such ordinances, and may have placed and maintained such additional traffic-control signs, signals, and devices as may be deemed necessary to regulate traffic under the traffic ordinances of the town or under state law or to guide or warn traffic.

(Prior Code, § 7-4-1)

All traffic-control signs, signals, and devices shall conform to the Manual of Uniform Traffic-Control Devices approved by the State Department of Public Safety. All signs, signals, and devices required hereunder for a particular purpose shall, so far as practicable, be uniform as to type and relative location throughout the town. All traffic-control devices erected and not inconsistent with the provisions of state law or this chapter shall be official traffic-control devices.

(Prior Code, § 7-4-2)

The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exemptions granted the driver of an authorized emergency vehicle in this title.

(Prior Code, § 7-4-3)

No provision of this chapter for which official traffic-control devices are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. If a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place.

(Prior Code, § 7-4-4)

  1. Imitation traffic-control devices. No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which projects any flashing or revolving beams of light, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal.
  2. Advertising on traffic-control devices. No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign, signal, or device bearing thereon any commercial advertising.
  3. Exemptions. This section shall not prohibit the erection, upon private property adjacent to highways, of signs giving useful directional information which are of a type that cannot be mistaken for official signs.
  4. Summary removal. Every prohibited sign, signal, marking, or device is hereby declared to be a public nuisance and may be removed without notice.

(Prior Code, § 7-4-5) Penalty, see § 73.99

No person shall, without lawful authority, attempt to or in fact alter, destroy, deface, molest, interfere with, tamper with, injure, knock down, remove or have in his or her possession any traffic-control device, including any 911 emergency telephone service route markers, or any railroad sign or signal or an inscription, shield, or insignia thereon, or any part thereof.

(Prior Code, § 7-4-6) Penalty, see § 73. 99

  1. Authority to establish. Town personnel, subject to any directions given by the Board of Trustees, shall have authority to declare any street, or part thereof, a play street and to have placed appropriate signs or devices in the roadway indicating and helping to protect the same.
  2. Restriction on use. Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area; and then any such driver shall exercise the greatest care in driving upon any such street or portion thereof.

(Prior Code, § 7-4-7) Penalty, see § 73.99

Authorized town personnel, subject to any directions given by the Board of Trustees, may:

  1. Designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in their opinion there is particular danger to pedestrians crossing the roadway, and at such other places as deemed necessary; and
  2. Establish safety zones or islands of such kind and character and at such places as deemed necessary for the protection of pedestrians.

(Prior Code, § 7-4-8)

Town personnel, subject to any directions given by the Board of Trustees, may be authorized to have traffic lanes marked upon the roadway of any street where a regular alignment of traffic is necessary. Where such traffic lanes have been marked, it is unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane, except when lawfully passing another vehicle or preparatory to making a lawful turning movement or otherwise authorized by ordinance.

(Prior Code, § 7-4-9) Penalty, see § 73.99

  1. Authority to close streets; warning devices. Town personnel or contractors, while repairing or improving the streets of the town, and town personnel and utility companies, when installing, improving, or repairing lines or other utility facilities in the streets, are hereby authorized as necessary, subject to control by the Mayor, to close any street or section thereof to traffic during such repair, maintenance, or construction. In exercising this authority, the appropriate personnel, contractor, or utility company shall erect or cause to be erected proper control devices and barricades to warn and notify the public that the street has been closed to traffic.
  2. Traffic-control devices. Whenever construction, repair, or maintenance of any street or utility line or facility is being performed under traffic, the town personnel, contractor, or utility company concerned shall erect, or cause to be erected, traffic-control devices to warn and guide the public. Every person using the street shall obey all signs, signals, markings, flagpersons, or other traffic-control devices which are placed to regulate, control, and guide traffic through the construction or maintenance area.
  3. Obedience to signs and barricades; exceptions. When any street has been closed to traffic under the provisions of division (A) of this section and traffic-control devices or barricades have been erected, it is unlawful for any person to drive any vehicle through, under, over, or around such traffic-control devices or barricades, or otherwise to enter the closed area. The provisions of this division (C) shall not apply to persons entering the closed area or zone for the protection of lives or property. Persons having their places of residence or places of business within the closed area may travel, when possible to do so, through the area at their own risk.

(Prior Code, § 7-4-10) Penalty, see § 73. 99

Whenever traffic is controlled by traffic-control signals exhibiting different colored lights or colored lighted arrows successively one at a time, or in combination, only the colors green, red, and yellow shall be used, except for special pedestrian signals carrying a word legend, and said lights shall indicate and apply to drivers of vehicles and pedestrians as provided in 47 O.S. § 11-202.

(Prior Code, § 7-4-11)

  1. Whenever a flashing red or yellow signal is illuminated, it shall require obedience by vehicular traffic as follows:
    1. Flashing red. When a red light is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection, and the right to proceed shall be subject to the requirements of law applicable after making a stop at a stop sign.
    2. Flashing yellow. When a yellow light is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection, or pass such signal only with caution.
  2. This section shall not apply at railroad grade crossings.

(Prior Code, § 7-4-12) Penalty, see § 73.99

  1. Generally. Special pedestrian control signals exhibiting the words "walk," "wait" or "don't walk" shall regulate pedestrian movement as follows:
    1. Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way in the direction of the signal by the drivers of all vehicles; and
    2. Wait or don't walk. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his or her crossing on the "walk" signal shall proceed to a sidewalk or safety zone while the "wait" signal is showing.
  2. Pedestrian activated school crossing signals. Whenever a pedestrian activated school crossing signal is provided, it requires obedience by vehicular traffic and pedestrians as follows:
    1. Flashing yellow.
      1. When a yellow lens is illuminated with rapid intermittent flashes, drivers or operators of vehicles may proceed through the intersection or pass such signal only with caution; and
      2. Pedestrians shall not proceed in conflict with traffic, but may activate the signal control switch, and shall wait until steady red alone is shown before entering the roadway or intersection controlled by the signal.
    2. Steady yellow alone.
      1. Vehicular traffic facing the signal is thereby warned that the red or "stop" signal will be exhibited immediately thereafter, and such vehicular traffic shall not enter or be crossing the intersection or pass the signal when the red or "stop" signal is exhibited; and
      2. No pedestrian shall enter the roadway or intersection on which the signal controls vehicular traffic until steady red alone is shown.
    3. Steady red.
      1. Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection, and shall remain standing until flashing yellow is shown alone.
      2. Pedestrians may proceed across the road controlled by the signal and shall be given the right-of-way by the drivers of all vehicles.
    4. Steady red and steady yellow combined.
      1. Vehicular traffic facing the signal is thereby warned that the flashing yellow signal will be exhibited immediately thereafter, and that such vehicular traffic shall remain standing until the flashing yellow is shown alone; and
      2. Pedestrians are thereby warned that the flashing yellow signal is about to be shown, and shall not enter the signal controlled roadway or intersection, or in a direction which conflicts with the movement of vehicular traffic; but any pedestrian who has partially completed his or her crossing shall proceed to the nearest sidewalk or safety island, and shall be given the right-of-way by the drivers of all vehicles.

(Prior Code, § 7-4-13) Penalty, see § 73.99

The Mayor may have traffic-control devices tested under actual conditions of traffic.

(Prior Code, § 7-4-14)

This title shall not apply to any of the following persons when acting within the scope and duty of their employment:

  1. Any officer, agent, independent contractor, employee, servant, or trustee of any governmental agency; or
  2. Any officer, agent, independent contractor, employee, servant, or trustee of any contractor, public utility, or railroad company.

(Prior Code, § 7-4-15)

70.060 Attention To Driving; Careful, Prudent Driving
70.061 Authorized Emergency Vehicles
70.062 Right-Of-Way
70.063 Through Streets; Stop And Yield Intersections
70.064 Speed Restrictions
70.065 Driving On Right Side Of Roadway
70.066 One-Way Roadways And Rotary Traffic Islands
70.067 Turning Movements
70.068 Changing Lanes; Passing, Overtaking Vehicles
70.069 Restrictions On Driving
70.070 Truck Traffic
70.071 Funeral And Other Processions
70.072 Railroad Trains And Crossings
70.073 Miscellaneous Prohibitions
70.074 Reckless, Negligent, Inattentive Driving
70.075 Driving Under Influence Of Intoxicants

The operator of every vehicle, while driving upon the streets and highways of the town, shall devote full time and attention to such driving. Any person driving a vehicle on a public road or way shall drive the same in a careful and prudent manner and at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the public way and any other conditions then existing.

(Prior Code, § 7-5-1) Penalty, see § 73.99

  1. Operation of emergency vehicles.
    1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or ordinance, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this division (A), but subject to the conditions stated in this division (A).
    2. The driver of an authorized emergency vehicle may do any of the following when in pursuit of an actual or suspected violator of the law or ordinance or when responding to but not upon returning from a fire alarm:
      1. Park or stand, irrespective of the provisions of this title;
      2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
      3. Exceed the maximum speed limits so long as life or property is not endangered; or
      4. Disregard regulations governing direction of movement or turning in specific directions.
    3. The exemptions granted in this division (A) to the driver of an authorized emergency vehicle shall apply only when the driver is properly and lawfully making use of an audible signal or of flashing red or blue lights or a combination of flashing red and blue lights meeting the requirements of 47 O.S. § 12-218; except, that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red or blue light visible from in front of the vehicle. This division (A)(3) shall not be construed as requiring a peace officer operating a police vehicle properly and lawfully in response to a crime in progress to use audible signals.
    4. The provisions of this division (A) shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others.
  2. Operation of vehicle on approach of authorized emergency vehicle. Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of 47 O.S. § 12-218, or of a police vehicle properly and lawfully making use of an audible signal or red flashing lights, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. This division (B) shall not be construed to require a peace officer operating a police vehicle properly and lawfully in response to a crime in progress to use audible signals, nor shall this division (B) operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the road or highway.
  3. Following emergency vehicles. The driver of any vehicle other than one on official business shall not follow any police vehicle, ambulance, civil defense vehicle, fire apparatus, or other emergency vehicle traveling in response to an emergency call or request closer than 500 feet, or drive into or park such vehicle within the block where the emergency vehicle has stopped in answer to an emergency call.
  4. Driving over fire hose. No vehicle shall be driven over any unprotected hose of a fire department used at any fire or alarm of fire, without the consent of the Fire Department official in command.

(Prior Code, § 7-5-2) Penalty, see § 73.99

  1. Entering uncontrolled intersections. When two vehicles enter or approach an uncontrolled intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right as otherwise stated in this chapter. The driver of a vehicle on a street which is not a state or federal highway approaching an intersection with a state or federal highway shall stop and yield the right-of-way to a vehicle which has entered the intersection or which is so close thereto as to constitute an immediate hazard. The right-of-way rule declared in this division (A) is modified at through highways as otherwise stated in this chapter.
  2. Turning left at intersection. The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. After so yielding and having given signal when and as required by this title, the driver may make the left turn, and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn.
  3. Entering through highways. Except when directed to proceed by a police officer or a traffic-control signal, every driver of a vehicle shall stop as required by this title at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway, or which are approaching so closely on the through highway as to constitute an immediate hazard.
  4. Facing stop, slow, warning, or caution signal. If two or more vehicles face stop, slow, warning, or caution signs or signals at an intersection and are approaching so as to enter the intersection at the same time, the following rules shall apply.
    1. If each vehicle is required to stop, the vehicle coming from the right shall have the right-of-way.
    2. If each vehicle is required to slow, the vehicle coming from the right shall have the right-of-way.
    3. If each vehicle is required to take caution, the vehicle coming from the right shall have the right-of-way.
    4. If one vehicle is required to slow and the other to take caution, the one required to take caution shall have the right-of-way.
    5. In any event, a vehicle which has already entered the intersection shall have the right-of-way over one which has not entered the intersection.
  5. Entering highway from private road or driveway. The driver of a vehicle about to enter, leave, or cross a highway from or into a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway.
  6. Entering traffic from parking. Any vehicle attempting to reenter traffic while parked at the curb shall yield the right-of-way to traffic in the street approaching from the rear. The parked vehicle shall proceed into the line of traffic only after the driver has given the appropriate signal which indicates his or her intention of turning from the curb and into the line of traffic. The vehicle shall in no event enter the line of traffic until the driver has ascertained that no hazard exists.
  7. Emerging from alleys, driveways, or buildings. The driver of a vehicle emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision and, upon entering the roadway, shall yield the right-of-way to all vehicles approaching on the roadway.

(Prior Code, § 7-5-3) Penalty, see § 73.99

  1. Through streets. Town personnel, subject to such direction as the Board of Trustees may give, may designate any street or part of a street a through street. Whenever the town designates and describes a through street, the stop sign, or yield sign if deemed more appropriate, shall be placed and maintained on every street intersecting a through street, or intersecting that portion thereof, unless traffic at such intersection is controlled at all times by traffic-control signals. At the intersection of two such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of the streets as may be determined by the town, if deemed desirable.
  2. Intersections where stop or yield required. The Mayor, subject to any directions given by the Board of Trustees by motion or resolution, is hereby authorized to determine and designate intersections upon other than through streets where particular hazards exist and to determine whether:
    1. Vehicles shall stop at one or more entrances to any such stop intersection, in which event, the Mayor shall cause to be erected a stop sign at every such place a stop is required; or
    2. Vehicles shall yield the right-of-way to vehicles on a different street as provided in this title, in which event, the Mayor shall cause to be erected a yield sign at every place where yield is required.
  3. Vehicles entering stop intersections. Except when directed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection, indicated by a stop sign, shall stop before entering the crosswalk on the near side of the intersection. In the event there is no crosswalk, the driver shall stop at a clearly marked stop line before entering the intersection. If there is no marked stop line, then the driver shall stop at the paint nearest the intersecting road where the driver has a view of approaching traffic on an intersecting roadway before entering the intersection. A driver, after having stopped, shall yield the right-of-way to any vehicle which has entered the intersection from another highway or road, or which is approaching so close as to constitute immediate hazard; but the driver having so yielded may then proceed, and the driver of all other vehicles approaching the intersection shall yield the right-of-way to the vehicle so proceeding.
  4. Vehicles entering yield intersections; attention to pedestrians.
    1. The driver of a vehicle approaching a yield sign shall, in observance to such sign, slow down to a speed reasonable for the existing condition or shall stop, if necessary, and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he or she is driving and to any vehicle in the intersection or approaching on another road so closely as to constitute an immediate hazard. The driver having so yielded may then proceed, and drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding. A driver who enters a yield intersection without stopping and has or causes a collision with a pedestrian at a crosswalk or a vehicle in the intersection shall prima facie be considered not to have yielded as required herein. The provisions of this division (D) shall not release the drivers of other vehicles approaching the intersection at such a distance as not to constitute immediate hazard from the duty to drive with due care to avoid a collision.
    2. The driver of a vehicle approaching a yield sign, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection before entering the intersection; if there is no crosswalk, the driver shall stop at a clearly marked stop line, or if there is no stop line, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

(Prior Code, § 7-5-4) Penalty, see § 73.99

  1. Reasonable and proper. No person shall drive a vehicle at a speed greater or less than is reasonable or prudent under the conditions then existing, taking into consideration among other things, the condition of the vehicle, the traffic, roadway surface or width, the amount of light or darkness, the presence of pedestrians in or near the roadways, and the obstruction of views. No person shall drive any vehicle at a speed greater than will permit him or her to bring it to a stop within the assured clear distance ahead.
  2. Speed limits established.
    1. Generally. No vehicle shall be driven at a greater speed than 25 mph in the town except:
      1. On designated and numbered state and federal highways, the maximum is as posted;
      2. Emergency vehicles being lawfully driven as provided in this title;
      3. When a different speed limit is otherwise designated and posted; or
      4. When a different speed limit is established in this title.
    2. School zones. No vehicle shall be driven at a greater speed per hour than that posted speed per hour between the hours posted on any street adjacent to any school in a designated school zone on days when school is in session.
    3. Authority to alter speed limits; signs posted. Town personnel, subject to such direction as the Mayor and Board of Trustees may give by motion or resolution, may reduce or increase the speed limits provided in this title, and when that is done, appropriate signs shall be placed on such streets or parts of streets indicating the lower or higher speed limit.
  3. Minimum speed. No vehicle shall be driven at such an unreasonably slow speed in relation to the effective maximum speed allowed as to constitute a hazard or to interfere with the normal movement of other traffic except when the slow speed is unavoidable.
  4. Obedience to maximum and minimum speed limits. Where official signs and markings give notice of both maximum and minimum speed limits in effect on any street, no vehicle shall be driven at rates in excess of the maximum nor slower than the minimum except as required by an authorized officer or in obedience to posted official signs.
  5. Penalty . Violations of the provisions of this section shall be punishable by the following fines, inclusive of cost and fees, and/or up to thirty (30) days incarceration:
    1. 1-10 mph over the posted speed limit = $140.00
    2. 11-14 mph over the posted speed limit = $165.00
    3. 15-20 mph over the posted speed limit = $180.00
    4. 21-25 mph over the posted speed limit = $195.00
    5. 26-30 mph over the posted speed limit = $210.00
    6. 31-35 mph over the posted speed limit = $225.00
    7. 36-40 mph over the posted speed limit = $240.00
    8. 41 mph or more over the posted speed limit = $255.00


(Prior Code, § 7-5-5) Penalty, see § 73.99 (as amended, 2025-005, effective 04-14-2025)

  1. Upon all roadways of sufficient width, a vehicle shall be driven to the right of the center of the roadway, except as follows:
    1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
    2. When the right half of a roadway is closed to traffic while under construction or repair;
    3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; and
    4. Upon a roadway designated and signposted for one-way traffic.
  2. All vehicles shall keep to the right roadway on all streets or highways which are divided into two roadways.
  3. Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

(Prior Code, § 7-5-6) Penalty, see § 73.99

  1. One-way traffic.
    1. Authority to designate. Town personnel, subject to any directions given by the Board of Trustees by motion or resolution, may designate any road, street, alley, or highway, or any separate roadway under the town's jurisdiction for one-way traffic and shall cause appropriate signs giving notice thereof to be erected.
    2. Signs posted. Whenever the town designates any street or alley or part thereof as a one-way street or alley, town personnel shall have placed and maintained signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.
    3. Driving on one-way roadways. Upon those streets and parts of streets and in those alleys and parts of alleys so designated as one-way streets and alleys, vehicular traffic shall move only in the direction indicated when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. Upon roadways designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated.
  2. Rotary traffic islands. A vehicle passing around a rotary traffic island shall be driven only to the right of such island.

(Prior Code, § 7-5-7) Penalty, see § 73.99

  1. Turning markers or indicators. The Mayor, subject to any directions given by the Board of Trustees by motion or resolution, is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections. The course to be traveled, as so indicated, may conform to or be other than as prescribed by law. When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.
  2. Designation of restricted turns; obedience required. The Mayor is hereby authorized to determine those street intersections at which drivers of vehicles shall not make right, left, or U-turns, and shall have proper signs placed at the intersections. The making of the turns may be prohibited between certain hours of any day and permitted at other hours. Where turns are restricted during certain hours pursuant to this division (B), the same shall be plainly indicated on the signs, or they may be removed when turns are permitted. Whenever authorized signs are erected indicating that no right, left, or U-turn is permitted, the driver of a vehicle shall not disobey the directions of any such sign.
  3. Required position and method of turning. The driver of a vehicle intending to turn at an intersection shall do as follows.
    1. Right turns. Both the approach for a right turn and the execution of a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
    2. Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, the approach for a left turn shall be made in that portion of the right half of the street nearest the center thereof by passing to the right of the centerline where it enters the intersection. After entering the intersection, the left turn shall be made so as to leave the intersection to the right of the center of the roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
    3. Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. After entering the intersection, the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon roadway being entered.
  4. Turning movements and required signals.
    1. Safe turns; signals required.
      1. No person shall turn a vehicle at an intersection, a public or private road, or a driveway, unless the vehicle is in proper position upon the roadway as required in division (C) above, or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal as provided in division (D)(1)(b) below, in the event any other traffic may be affected by such movement.
      2. A signal of intention to turn right or left, slow or stop, when required, shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning or stopping.
      3. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give the signal.
      4. When any person is properly preparing for, attempting or executing a left turn, as described in division (D)(1)(a) above, no other person operating another vehicle immediately following the turning vehicle shall pass or attempt to pass the turning vehicle to the left. Such other person shall come to a complete stop if necessary at a safe distance behind the person preparing for, attempting, or executing the turn or may proceed to the right of the turning vehicle as provided by § 70.068(E) of this chapter.
    2. Methods of signaling.
      1. Signals by hand, arm, or signal lamps.
        1. Any stop or turn signal, when required herein, shall be given either by means of hand or arm, or by a signal lamp, or mechanical device of a type approved by the State Department of Public Safety, except as provided in division (D)(2)(a)2. below.
        2. A vehicle shall be equipped with, and the required signal given by, signal lamps or devices when:
          1. The body or cab of a vehicle or the load of any vehicle projects 24 inches or more to the left of the center of the steering wheel;
          2. Under any condition where a hand and arm signal would not be visible both to the front and rear of the vehicle; or
          3. The rear limit of the body of a vehicle or the load of any vehicle projects 14 feet or more beyond the center top of the steering post.
      2. Method of giving hand and arm signals. All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner, and such signals shall indicate as follows:
        1. Left turn: Hand and arm extended horizontally;
        2. Right turn: Hand and arm extended upward; and
        3. Stop or decrease speed: Hand and arm extended downward.
  5. U-turns.
    1. U-turns prohibited. The driver of a vehicle shall not turn the vehicle so as to proceed in the opposite direction upon any street in the town at the following locations:
      1. At intersections controlled by traffic-control devices or signals unless such turns are specifically authorized;
      2. Where a police officer is directing traffic except at the police officer's direction; or
      3. At any other location where an official "No U-Turn" sign has been placed and is maintained.
    2. Manner of making u-turns. Au-turn may be made only when it can be made in safety and without interfering with other traffic. No person shall make au-turn except in the following manner:
      1. By approaching the intersection as closely as practical to the right curb or edge of the roadway, the driver giving and continuing to give a signal for a left turn until the turn is completed, proceeding to make the turn across the intersection;
      2. In one continuous movement without stopping or backing the vehicle;
      3. By yielding the right-of-way at all times to all vehicles until such turn is completed; and
      4. Without constituting a hazard to or interfering with any other vehicle.

(Prior Code, § 7-5-8) Penalty, see § 73.99

  1. Changing lanes.
    1. Marked lanes. Whenever any roadway has been divided into two or more clearly marked lanes for traffic, in addition to all other rules consistent with this division (A), a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety and has signaled for a change of course.
    2. Unmarked lanes. Where streets or roadways do not have marked traffic lanes, vehicles shall nevertheless keep in line or follow a straight course as nearly as practical and shall not weave in and out or turn from side to side unnecessarily. Vehicles shall move to the right or left only as necessary in slowing or stopping adjacent to the curb, in passing slow moving vehicles or making a proper approach for a turn, and this only after the driver has first ascertained that such movement can be made safely and has signaled for a change of course.
    3. Three lanes. Upon a roadway which has been divided into three lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.
    4. Signs posted. Official signs may be erected directing slow moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway. Drivers of vehicles shall obey the directions of every such sign.
  2. Passing vehicles proceeding in opposite directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right. Upon roadways having a width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half the main traveled portion of the roadway as nearly as possible.
  3. Overtaking vehicles on the left.
    1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the street or roadway until safely clear of the overtaken vehicle.
    2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
    3. Every driver who intends to pass another vehicle proceeding in the same direction, which requires moving his or her vehicle from one lane of traffic to another, shall first see that such movement can be made with safety and shall proceed to pass only after giving a proper signal by hand or mechanical device.
  4. Further limitations on driving to left.
    1. No vehicle shall be driven to the left side of the center of the street or roadway in overtaking and passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the completion of the overtaking and passing without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every instance, the overtaking vehicle must return to the right-hand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction.
    2. No vehicle at any time shall be driven to the left side of the roadway under the following conditions:
      1. When approaching the crest of a grade, or upon a curve in the street or highway where the driver's view along the street or highway is obstructed; or
      2. When approaching within 100 feet of any bridge, viaduct, or tunnel, or when approaching within 100 feet of or traversing any intersection or railroad grade crossing.
  5. When overtaking on right is permitted.
    1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
      1. When the vehicle overtaken is making or about to make a left turn;
      2. Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction; or
      3. Upon a one-way street or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
    2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the roadway.
  6. No passing zones.
    1. The State Department of Highways, as regards state and federal highways, and the Mayor, as regards all other streets, are hereby authorized to determine those portions of any highway where overtaking and passing to the left would be especially hazardous, and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. When such signs or markings are in place and clearly visible to an ordinarily observant person, every driver shall obey the directions thereof.
    2. Where signs or markings are in place to define a no passing zone, as set forth in division (F)(1) above, no driver shall at any time drive to the left side of the roadway within the no passing zone or on the left side of any pavement striping designed to mark the no passing zone, throughout its length.
  7. School zones and school buses.
    1. Overtaking and passing in school zones.
      1. No driver of a vehicle shall pass any other vehicle which is in motion and being driven in the same direction in any school zone between the hours posted on all days when schools are in session.
      2. Wherever a school zone is located on a multiple lane street which is divided into three or more clearly marked lanes for traffic or where the right half of the roadway has been divided into two or more lanes, or on one-way streets, vehicles shall be allowed to pass slower moving vehicles being driven in the same direction where passing does not involve a change of lane movement.
    2. Overtaking and passing school bus.
      1. The driver of a vehicle meeting or overtaking a school bus that is stopped to take on or discharge school children, and on which the red loading signals are in operation, shall stop his or her vehicle before it reaches the school bus and not proceed until the loading signals are deactivated and then proceed past such school bus at a speed which is reasonable and with due caution for the safety of such school children and other occupants.
      2. The driver of any vehicle when passing a school bus shall use due caution for the safety of school children and other occupants of the school bus.
      3. Occupants of the school bus shall have the right-of-way when crossing the roadway immediately upon leaving the school bus.
    3. Lights; signs; information.
      1. The provisions of division (F)(2) above shall be applicable only if the school bus is painted yellow and bears upon the front and rear thereon a plainly visible sign containing the words "SCHOOL BUS" in letters not less than eight inches in height which can be removed or covered when the vehicle is not in use as a school bus.
      2. The school bus shall be equipped with four red alternately flashing warning signal lights, two of which shall be located high on the front and two high on the rear of the vehicle. The lights shall be a minimum of four inches in diameter and shall be widely separated.

(Prior Code, § 7-5-9) Penalty, see § 73.99

  1. Stop when traffic obstructed. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he or she is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed.
  2. Following too closely. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway.
  3. Backing vehicles. The driver of a vehicle shall not back the vehicle unless such movement can be made with reasonable safety and without interfering with any other traffic. No vehicle shall be backed into an intersection.
  4. Entering and leaving controlled access highways. No person shall drive a vehicle onto or from any controlled access highway except at entrances and exits established by public authority.
  5. Driving on sidewalks. No person shall drive any vehicle within or upon any sidewalk area except at a permanent or temporary driveway.
  6. Driving through safety zones. No vehicle shall at any time be driven through or within a safety zone or island.
  7. Driving through service drives and areas. No vehicle or animal shall be driven through any private service driveway or private service area except for the purpose of obtaining service or merchandise.

(Prior Code, § 7-5-10) Penalty, see § 73.99

  1. Truck routes.
    1. The Board of Trustees may prescribe routes through the town for the use of trucks in general, trucks of particular kinds, or other vehicles which are not ordinary private passenger vehicles passing through the town. Appropriate and adequate signs shall be placed along such routes so that drivers of such vehicles may follow the routes.
    2. When such signs are so erected and in place, the driver of a truck or other vehicle for which a route has been prescribed, as provided herein, while passing through the town, shall keep on such route and shall not deviate therefrom, except in case of emergency. Drivers of such vehicles shall also follow such routes so far as practicable also when driving within the town and not merely through the town.
  2. Northbound tractor-trucks and trailers. Northbound tractor-trucks and tractor-trailers are prohibited from entering US-62 from South Lee Street at the intersection of US-62 and SH-80, South Lee Street, at any time.

(Prior Code, § 7-5-11) (Ord. 1997-8-1, passed 8-11-1997) Penalty, see § 73.99

  1. Driving through processions. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this section. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers.
  2. Drivers in a procession. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe.
  3. Funeral processions to be identified. A funeral composed of a procession of vehicles shall be identified by headlights or as may be determined and designated by the Police Department.

(Prior Code, § 7-5-12) Penalty, see § 73.99

  1. Obedience to railroad signs and signals.
    1. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall not proceed until he or she can do so safely. The foregoing requirements shall apply when:
      1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
      2. A crossing gate is lowered or when a human flagperson gives or continues to give a signal of the approach or passage of a railroad train;
      3. A railroad train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance, and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or
      4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
    2. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
  2. Certain vehicles to stop at all railroad grade crossings. The driver of any "commercial motor vehicle", as defined in 49 C.F.R. § 390.5, shall comply with the railroad crossing provisions as prescribed in 49 C.F.R. § 392.10.

(Prior Code, § 7-5-13) Penalty, see § 73.99

  1. Boarding or alighting from vehicle. No person shall board or alight from any vehicle while such vehicle is in motion.
  2. Unlawful riding. No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise.
  3. Toy vehicles.
    1. Riding on roadways. No person upon roller skates or riding in or by means of any coaster, toy vehicle, or similar device shall go upon any roadway except while crossing a street on a crosswalk; and when so crossing, such person shall be subject to all of the duties applicable to pedestrians. This division shall not apply upon any street while set aside as a play street as authorized by ordinances of the town.
    2. Clinging to vehicles. No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any moving vehicle upon a roadway.

(Prior Code, § 7-5-14) Penalty, see § 73.99

  1. Reckless driving. Any person who drives any vehicle in a wanton manner without regard for the safety of persons or property is guilty of reckless driving.
  2. Careless or negligent driving, stopping, or parking. It is unlawful for any person to drive, use, operate, park, cause to be parked, or stop any vehicle:
    1. In a careless manner;
    2. In a negligent manner;
    3. In such a manner as to endanger life, limb, person, or property; or
    4. In such a manner or condition as to interfere with the lawful movement of traffic or use of the streets.
  3. Speed contests.
    1. Contests prohibited. No person shall engage in, aid, or abet any motor vehicle speed contest or exhibition of speed on any street or highway.
    2. Barricading, obstructing public ways prohibited. No person shall, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest upon any street or highway, in any manner obstruct or place any barricade or obstruction upon any street or highway.
    3. Violations. When three or more persons assemble to witness or participate in an unlawful speed contest, such assembly is an unlawful assembly, and any person who participates in such unlawful assembly is guilty of an offense.

(Prior Code, § 7-5-15) Penalty, see § 73.99

The town shall comply with 47 O.S. § 11-902 regarding violations for driving under the influence of alcohol or other intoxicating substance or combination thereof.

(Prior Code, § 7-5-16)

70.090 Applicability Of Traffic Regulations
70.091 Drivers To Exercise Due Care
70.092 Right-Of-Way
70.093 Pedestrians Crossing Roadways
70.094 Pedestrians Walking Along Roadways
70.095 Soliciting Prohibited
70.096 Obedience To Railroad Signals

Pedestrians shall be subject to traffic-control signals as provided for in this code, but at all other places, pedestrians shall be granted those rights and be subject to the restrictions stated in this chapter.

(Prior Code, § 7-7-1)

Notwithstanding the provisions of this chapter, every driver shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person on the roadway.

(Prior Code, § 7-7-2) Penalty, see § 73.99

  1. Pedestrians' right-of-way.
    1. When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be, to so yield to a pedestrian crossing the roadway within a crosswalk when:
      1. The pedestrian is upon the half of the roadway upon which the vehicle is traveling; or
      2. The pedestrian is approaching so closely from the opposite edge of the roadway as to be in danger.
    2. The provisions of this division (A) are not applicable under conditions where pedestrians are required to yield pursuant to this chapter.
  2. Vehicles stopped at crosswalks and intersections. Whenever any vehicle is stopped at a marked crosswalk, or any unmarked crosswalk, or at an intersection to permit a pedestrian to cross a roadway, the driver of any other vehicle approaching from the rear shall not overtake to pass such stopped vehicle.

(Prior Code, § 7-7-3) Penalty, see § 73.99

  1. Prohibited crossings.
    1. Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.
    2. Pedestrians shall not cross any divided highway having a median in the center thereof, except in a crosswalk.
  2. Leaving curb suddenly. No pedestrian shall suddenly leave a curb or other place of safety or walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
  3. Use right half of crosswalk. Pedestrians, when crossing the street at a crosswalk, shall move, whenever practicable, upon the right half of the crosswalk.
  4. Crossing at right angles. No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb, except in a crosswalk.
  5. Pedestrians to yield.
    1. Every pedestrian crossing a roadway at any point other than within a marked or unmarked crosswalk at any intersection shall yield the right-of-way to all vehicles upon the roadway.
    2. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
    3. The provisions of this division (E) are not applicable where pedestrian crossings are prohibited.

(Prior Code, § 7-7-4) Penalty, see § 73. 99

Where sidewalks are provided, it is unlawful for any pedestrian to walk along and upon an adjacent roadway. Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practical, walk only on the left side of the roadway, or its shoulder, facing traffic which may approach from the opposite direction, and shall yield to approaching vehicles.

(Prior Code, § 7-7-5) Penalty, see § 73.99

  1. No person shall stand in a roadway for the purpose of soliciting a ride, donations, employment, or business from the occupant of any vehicle.
  2. No person shall:
    1. Stand in any street, roadway, or park, and stop or attempt to stop and engage any person in any vehicle for the purpose of soliciting contributions or the watching or guarding of any vehicle while parked or about to be parked on a street;
    2. Sell or attempt to sell anything to any person in any vehicle;
    3. Hand or attempt to hand to any person in any vehicle any circular, advertisement, handbill, or any political campaign literature, or any sample, souvenir, or gift; or
    4. In any other manner, while standing in the street or roadway, attempt to interfere with the normal flow of traffic for any other similar purpose.

(Prior Code, § 7-7-6) Penalty, see § 73.99

No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed.

(Prior Code, § 7-7-7) Penalty, see § 73.99

70.110 Compliance With State Law
70.111 Certain Vehicles Prohibited
70.112 Obstructions To Driver's View Or Driving Mechanism
70.113 Noise And Exhaust Control
70.114 Seat Belt And Child Restraints
70.115 Vehicle Size, Weight, And Load
70.116 Rules, Regulations, And Penalties For The Use Of Electric-Assisted Bicycles

Every vehicle operated upon the streets of the town shall be equipped as required by law, and such equipment shall be used as required by law. It is unlawful to operate a vehicle which has equipment prohibited by law or to use equipment in a manner prohibited by law.

(Prior Code, § 7-8-1) Penalty, see § 73.99

  1. No vehicle or object which injures or is likely to injure the surface of a street shall be driven or moved on any street.
  2. No person shall drive any vehicle in such condition, so constructed or so loaded, as to cause delay or be likely to cause delay in traffic, or as to constitute a hazard to persons or property, except by permit issued by the Chief of Police and in accordance with the terms of such permit.

(Prior Code, § 7-8-2) Penalty, see § 73.99

  1. No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
  2. No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides or to interfere with his or her control over the driving mechanism of the vehicle.

(Prior Code, § 7-8-3) Penalty, see § 73.99

  1. Noise.
    1. Every vehicle shall be equipped, maintained, and operated so as to prevent excessive or unusual noise.
    2. Every motor vehicle shall at all times be equipped with a muffler or other effective noise suppressing system in good working order and in constant operation, and no person shall use a muffler cutout, bypass, or similar device.
    3. No person shall modify the exhaust system of a motor vehicle in any manner which will amplify or increase the noise or sound emitted louder than that emitted by the muffler originally installed on the vehicle.
  2. Control exhaust. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke, or both.

(Prior Code, § 7-8-4) Penalty, see § 73.99

  1. Seat belt use required generally.
    1. Every operator and front seat passenger of a passenger car operated in the town shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to 49 C.F.R. § 571.208. For the purposes of this division, PASSENGER CAR shall mean "vehicle" as defined in § 70.004 of this title. PASSENGER CAR shall include the passenger compartment of pickups, vans, minivans, and sport utility vehicles. PASSENGER CAR shall not include trucks, truck-tractors, recreational vehicles, motorcycles, or motorized bicycles. PASSENGER CAR shall not include a vehicle used primarily for farm use which is registered and licensed pursuant to the provisions of 47 O.S. § 1134.
    2. The Commissioner of Public Safety, upon application from a person who, for medical reasons, is unable to wear a safety seat belt system supported by written attestation of such fact from a physician licensed pursuant to 59 O.S. § 495, may issue to the person an exemption from the provisions of this division. The exemption shall be in the form of a restriction appearing on the driver's license of the person and shall remain in effect until the expiration date of the driver's license. Nothing in this division (A)(2) shall be construed to prevent the person from applying for another exemption as provided for in this division. The issuance of an attestation by a physician and the subsequent issuance of an exemption by the Commissioner of Public Safety, in good faith, shall not give rise to, nor shall the physician and the state thereby incur any liability whatsoever in damages or otherwise, to any person injured by reason of failure of the person to wear a safety seat belt system.
    3. This division shall not apply to an operator of a motor vehicle while performing official duties as a route carrier of the U.S. postal service.
    4. No law enforcement officer shall make routine stops of motorists for the purpose of enforcing division (A)(1) above.
  2. Children.
    1. Every driver, when transporting a child under six years of age in a motor vehicle operated on the roadways, streets, or highways of the town, shall provide for the protection of said child by properly using a child passenger restraint system. For purposes of this division, CHILD PASSENGER RESTRAINT SYSTEM means an infant or child passenger restraint system which meets the federal standards as set by 49 C.F.R. § 571.213. Children at least six years of age but younger than 13 years of age shall be protected by use of a child passenger restraint system or a seat belt. The provisions of this division (B) shall not apply to:
      1. The driver of a school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts pursuant to state or federal laws;
      2. The driver of an ambulance or emergency vehicle;
      3. The driver of a vehicle in which all of the seat belts are in use;
      4. The transportation of children who, for medical reasons, are unable to be placed in such devices; or
      5. The transportation of a child who weighs more than 40 pounds and who is being transported in the back seat of a vehicle while wearing only a lap safety belt when the back seat of the vehicle is not equipped with combination lap and shoulder safety belts, or when the combination lap and shoulder safety belts in the back seat are being used by other children who weigh more than 40 pounds. Provided, however, for purposes of this division (B)(1)(e), BACK SEAT shall include all seats located behind the front seat of a vehicle operated by a licensed childcare facility or church. Provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this division (B)(1)(e) if, at the request of any law enforcement officer, the licensed childcare facility or church provides the officer with a written statement verified by the parent or legal guardian that the child weighs more than 40 pounds.
    2. A law enforcement officer is hereby authorized to stop a vehicle if it appears that the driver of the vehicle has violated the provisions of this division and to give an oral warning to said driver. The warning shall advise the driver of the possible danger to children resulting from the failure to install or use a child passenger restraint system or seat belts in the motor vehicle. A violation of the provisions of this division (B) shall not be admissible as evidence in any civil action or proceeding for damages. In any action brought by or on behalf of an infant for personal injuries or wrongful death sustained in a motor vehicle collision, the failure of any person to have the infant properly restrained in accordance with the provisions of this division shall not be used in aggravation or mitigation of damages.

(Prior Code, § 7-8-5)

  1. General requirements. No person shall drive or convey through any street any vehicle the width, height, length, weight, or load of which exceeds that authorized by state law, except in accordance with a permit issued by state authority.
  2. Loads on vehicles.
    1. No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, blowing, or otherwise escaping therefrom; except, that sand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining the roadway.
    2. No person shall operate on any highway any vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway. Any vehicle loaded with sand, cinders, or other loose material susceptible to blowing or otherwise escaping shall have the load covered so as to prevent the blowing or escaping of the load from the vehicle.
    3. This division (B) shall not apply to trucks loaded with livestock, poultry, or agricultural products only, except baled agricultural products; provided, that any such truck shall be so constructed or loaded as to prevent such livestock or poultry from escaping therefrom.
  3. Vehicles over 5,000 pounds.
    1. Prohibited generally.
      1. It is unlawful and an offense for any person to operate any truck or tractor of any description or capacity greater than 5,000 pounds gross vehicle weight upon the roads or streets within the town, except as hereinafter specifically provided.
      2. There is excepted from the application of this division (C)(1), vehicles of greater than 5,000 pounds when used for making deliveries of merchandise or materials to points within the town, or when used in connection with the moving or repair of personal property or in the performance of services for residents of the town, or in connection with the construction, maintenance, or repair of residential properties or appurtenances thereto, vehicles operated as school, church, or passenger buses, privately owned recreational vehicles and motor homes, vehicles used in the construction or maintenance of public utilities or public property within the town, and all vehicles operated by or on behalf of the town.
    2. Prohibitions on Old Highway 62.
      1. No "thru traffic" shall be allowed on the road/street known as Old Highway 62 within the town limits. Old Highway 62 is the road that falls within the following described area: Starting at the intersection of SH-62 and Georgetown Road (Outpost) and continuing in a northerly direction for approximately 0.8 mile, then turning easterly and becoming Poplar Avenue through the town to the end of the town limits at the Fort Gibson Cemetery.
      2. THRU TRAFFIC, for the purposes of this division (C), shall be defined as any truck, tractor, and/ or vehicle exceeding the weight of 5,000 pounds, gross vehicle weight, not having a specific destination (for commercial purposes) within the town limits.

(Prior Code, § 7-8-6) (Ord. 2002-0007, passed 9-9-2002) Penalty, see § 73.99

Section 1.

1. Except as specifically provided in this section, an electric-assisted bicycle or an operator of an electric-assisted bicycle shall be afforded the rights and privileges and be subject to all of the duties and provisions of this act.

2. An electric-assisted bicycle or a person operating an electric-assisted bicycle is not subject to the Oklahoma statutory provisions relating to financial responsibility, vehicle insurance, driver licenses, vehicle registration or certificates of title. 3. On and after August 1, 2026, all electric-assisted bicycles shall have a label that is permanently affixed in a prominent location to each electric-assisted bicycle. The label shall contain the classification number, top assisted speed and motor wattage of the electric-assisted bicycle, and it shall be printed in at least 9-point type. 4. A person shall not tamper with or modify an electric-assisted bicycle so as to change the motor-powered speed capability or engagement of an electric-assisted bicycle, unless he or she appropriately replaces the label indicating the classification required in the preceding paragraph 3. 5. An electric-assisted bicycle may be ridden where bicycles are permitted to travel. 6. An electric-assisted bicycle shall be considered a motor vehicle to the extent required for compliance with 23 U.S.C., Section 154.


Section 2.

1. An electric-assisted bicycle is any bicycle with: 2. Two or three wheels; and 3. Fully operative pedals for human propulsion and equipped with an electric motor with a power output of up to one thousand (1000) watts that meets the requirements of one of the following three classes:

A. “Class 1 electric- assisted bicycle” shall mean an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty (20) miles per hour and is limited to twenty (20) miles per hour with a power output of not more than seven hundred and fifty (750) watts. B. “Class 2 electric-assisted bicycle” shall mean an electric-assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour and is limited to twenty (20) miles per hour with a power output of not more than seven hundred and fifty (750) watts. C. “Class 3 electric-assisted bicycle” shall mean an electric-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight (28) miles per hour with a power output of no more than one thousand (1000) watts. D. The use of Class 3 electric-assisted bicycles shall be subject to the following provisions:

1. No person under sixteen (16) years of age may operate a Class 3 electric-assisted bicycle. A person under sixteen (16) years of age may ride as a passenger on a Class 3 electric-assisted bicycle that is designed to accommodate passengers. 2. All Class 3 electric-assisted bicycles shall be equipped with a speedometer that is capable of displaying the speed the electric-assisted bicycle is traveling in miles per hour.


Section 3.

1. Anyone under the age of 16 years old must wear a helmet that meets the federal CPSC (Consumer Product Safety Commission) or NTA 8776 certification if operating an electric-assisted bicycle.


Section 4.

1. It is an offense against the town for any person to do any act forbidden or to fail to perform any act required by this title. 2. It is an offense against the town for the parent of any child or for the guardian of any ward to authorize or knowingly permit any such child or ward to violate any of the provisions of this title. 3. Penalty Except as otherwise provided in this title, any person violating any of the provisions of this title, or who performs any unlawful act as defined in this title, or who fails to perform any act required by this title, shall be guilty of an offense and, upon conviction thereof, shall be fined up to two hundred ($200.00) dollars.


Section 5.

Repealer of all ordinances or parts of ordinances in direct conflict herewith are repealed to the extent of the conflict only.


Section 6.

Severability should any section, subsection, sentence, provision, clause or phrase hereof be held invalid, void or unconstitutional or any reason, such holding shall not render invalid, void or unconstitutional for any other section, subsection, sentence, provision, clause, or phrase of this resolution and the same are deemed severable for this purpose. Section 7.

Emergency. An emergency is hereby declared to exist whereby it is necessary for the immediate preservation of the public welfare, that this ordinance take effect immediately and become operative from and after its passage, due to the risk associated with electric-assisted bicycles.


HISTORY
Approved by Ord. 2027-003 on 7/27/2026
71.01 Parking Prohibited In Specified Places
71.02 General Parking Restrictions
71.03 Operation Of Vehicle During And After Parking
71.04 Method Of Parking
71.05 Right-Of-Way To Parking Space
71.06 Double Parking
71.07 Parking In Areas Designated For Persons With Disabilities
71.08 Trucks Transporting Hazardous Materials
71.09 Loading And Unloading
71.10 Illegal Parking Declared A Nuisance
71.11 Exemptions
71.99 Penalty

No person shall stop, stand, or park a vehicle, except in emergencies or when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:

  1. On a sidewalk, sidewalk area, or between the sidewalk and the street;
  2. In front of a public or private driveway;
  3. Within an intersection;
  4. Within 15 feet of a fire hydrant except in a parking space officially marked;
  5. On a crosswalk;
  6. Within 20 feet of a crosswalk at an intersection;
  7. Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;
  8. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length has been indicated by signs or markings;
  9. Within 50 feet of the nearest rail of a railroad crossing;
  10. Within 20 feet of the driveway entrance to any fire station, and on the side of street opposite the entrance to any fire station, within 75 feet of the entrance when properly signposted;
  11. Alongside or opposite any street excavation or construction when stopping, standing, or parking would obstruct traffic;
  12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
  13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; or
  14. At any place where official signs prohibit stopping.

(Prior Code, § 7-6-1) Penalty, see § 71.99

  1. Time limit parking; prohibited parking. The Town Administrator, or his or her designee, subject to any directions given by the Board of Trustees by motion or resolution, may establish parking time limits or prohibit parking on designated streets or parts of streets and have appropriate signs placed on the streets. When the signs are in place, it is unlawful for any person to park a vehicle in violation of the sign. No such time limits shall be effective unless a sign is erected and in place at the time of the alleged violation.
  2. Disabled vehicles. No person shall park a disabled vehicle on any street for a period of time longer than 24 hours after an abandoned vehicle sticker has been posted. The parking of a disabled vehicle for more than 24 hours shall constitute prima facie evidence of abandonment of the vehicle.
  3. Parking creating hazardous conditions.
    1. The Town Administrator, or his or her designee, are hereby authorized to determine and regulate by proper signs the stopping, standing, or parking of vehicles when such stopping, standing, or parking would create an especially hazardous condition or would cause unusual delay to traffic.
    2. When official signs are erected at hazardous or congested places, as authorized in division (C)(1) above, no person shall violate such signs.
  4. Parking on one-way roadways.
    1. Permitted parking on left. If a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of the one-way roadway, unless signs are erected to permit such standing or parking. The Board of Trustees may determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway and to erect signs giving notice thereof.
    2. Prohibited parking on left. The Town Administrator, or his or her designee, may have signs erected upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles. When the signs are in place, no person shall stand or park a vehicle in violation of any such signs.
  5. Parking adjacent to schools. The Town Administrator, or his or her designee, may have signs erected indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his or her opinion, interfere with traffic or create a hazardous situation. No person shall park a vehicle in violation of any such signs.
  6. Parking in streets or alleys. No person shall park a vehicle within a street or alley in such a manner or under such conditions as to leave available less than 20 feet of the width of the roadway for the free movement of vehicular traffic.
  7. Parking on private property.
    1. No person shall make an entry with any vehicle upon real property owned or legally occupied by another without the owner's or occupant's consent, except where such private property is provided as public parking, and the general use of the property is not restricted by signs or proper markings.
    2. Where entry is made upon real property owned or legally occupied by another without the owner's or occupant's consent, except on unrestricted public parking, and is complained of by the owner or legal occupant of the premises, the burden is put upon the person making the entry to show that permission for such entry was given.
  8. Parking on main traveled portion of roadway.
    1. Upon any street, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the street when it is practical to stop, park, or leave the vehicle off such parts of the street.
    2. This division (H) shall not apply to the driver of any vehicle which is disabled while on the paved or main traveled portion of a street in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position.
  9. Parking for certain purposes prohibited. No person shall park a vehicle upon any roadway for the purpose of:
    1. Displaying the vehicle for sale;
    2. Advertising, or displaying merchandise or other things for sale or selling merchandise or other things; or
    3. Washing, cleaning, or repairing the vehicle, except for repairs necessitated by an emergency.
  10. Negligent parking. No person shall park, cause to be parked, stop, or leave unattended any vehicle as follows:
    1. In a careless or negligent manner;
    2. In such a manner as to endanger life, limb, person, or property; or
    3. In such manner as to endanger or interfere with the lawful traffic or use of the streets.
  11. Parking and storage of vehicles.
    1. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property. Other than as described below, property owners may have no more than two vehicles without current license plates or non-operating vehicle stored on a residentially zoned property. The vehicles must be stored in the back yard of the residence, (the area from the back of the dwelling to the rear property line). Automotive vehicles or trailers are not to be stored in the side yard or beside the residence. Automotive vehicles or trailers shall be parked on an all-weather impervious material, such as, a concrete pad, asphalt, or concrete pavers under each tire of the vehicle.
    2. All other vehicles must be parked in a designated parking space.
    3. No person shall park any vehicle when the vehicle's classifications rated by the manufacturer as greater than one ton on any street unless the person is actually engaged in loading or unloading merchandise and while such person has displayed all warning required for disabled vehicles. The storage of vehicles, trucks, trailers, boats, motor homes, or any equipment on any street by any person is unlawful and an offense and such may be impounded, towed, and stored by authority of the Police Department as a traffic obstruction hazard.

(Prior Code, § 7-6-2) Penalty, see § 71.99

HISTORY
Amended by Ord. 2024-007 on 9/11/2023
  1. Brakes set, motor off. Adequate brakes shall be set on all parked vehicles. No driver of a motor vehicle shall leave the vehicle with the motor running while parked.
  2. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
  3. Starting parked vehicle. No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.
  4. Moving parked vehicle. No person shall move a vehicle not lawfully under his or her control into any prohibited area or an unlawful distance away from a curb.

(Prior Code, § 7-6-3) Penalty, see § 71.99

  1. Parallel parking. Except as otherwise provided in this chapter, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of the vehicle parallel to and within 18 inches of the right-hand curb. Any vehicle stopped or parked upon the left-hand side of a one-way street where there are adjacent curbs shall be parked or stopped with the left-hand wheels parallel to and within 18 inches of the left-hand curb.
  2. Angle parking.
    1. The Mayor, subject to any directions given by the Board of Trustees by motion or resolution, shall determine upon what streets and parts of streets angle parking shall be permitted, and shall have such streets marked or signed.
    2. On those streets which have been so signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.
  3. Parking in marked spaces. In an area where parking spaces have been marked off on the surface of the street, a driver parking a vehicle shall park within a parking space as thus marked off, and not on or over a line delimiting a space.

(Prior Code, § 7-6-4) Penalty, see § 71.99

  1. The driver of any vehicle intending to occupy a parallel parking space where a backing movement is necessary and which is being vacated by another vehicle shall stop his or her vehicle to the rear of the parking space until the vacating vehicle has cleared and entered normal traffic. He or she then shall be deemed to have the right-of-way to such parking space over any other vehicle attempting to park therein.
  2. The first of two or more vehicles to reach the rear boundary of an unoccupied parallel parking space where a backing movement is necessary to occupy, shall be deemed to have the right-of-way to such parking space.

(Prior Code, § 7-6-5) Penalty, see § 71.99

  1. No vehicle shall be double parked on any street within the town limits, except in compliance with the directions of a police officer, or traffic-control device, or except when necessary to avoid conflict with another vehicle.
  2. Delivery vehicles, either loading or unloading, may double park in the right-hand lane while in the process of loading or unloading and making delivery to local business establishments; provided, that the driver of the delivery vehicle shall keep a lookout for cars and vehicles needing or attempting to move away from the curb and shall move his or her delivery vehicle as soon as possible to permit the parked vehicles to be moved; and further provided, that the double parking shall be permitted only so long as both traffic lanes are not blocked.

(Prior Code, § 7-6-6) Penalty, see § 71.99

It is unlawful for any person to place or park a motor vehicle in any parking space on private property accessible to the public and where the public is invited, or public property that is designated and posted as a reserved area for parking of motor vehicles of a physically disabled person, unless such person has a physical disability insignia as under the provisions of 47 O.S. § 15-112, and any amendments thereto, and such insignia is displayed as provided in 47 O.S. § 15-112, and any amendments thereto or regulations adopted pursuant thereto.

(Prior Code, § 7-6-7) Penalty, see § 71.99

It is unlawful to park, store, or otherwise let stand a truck or other vehicle which is used for the purpose of transporting or delivering flammable and combustible liquids, as defined by the fire code, and trucks or other vehicles which are used for the transportation and delivery of liquefied petroleum gases in any area within the town. However, the trucks and vehicles restricted in this section may be temporarily parked at locations otherwise zoned for the purpose of loading and unloading flammable and combustible liquids and liquefied petroleum gases for a period not to exceed one and one-half hours during any 24-hour period.

(Prior Code, § 7-6-8) Penalty, see § 71.99

  1. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    COMMERCIAL VEHICLE. A truck designated for delivery purposes with the name of the owner or his or her business painted on both sides of the vehicle, regularly used during normal business hours for the delivery and handling of merchandise or freight and which bears a regular state commercial license tag.

    FREIGHT LOADING ZONES. All curb loading zones authorized and regularly used exclusively for the loading and unloading of merchandise for storage, trade, shipment, or resale.

    PASSENGER LOADING ZONES. All loading zones authorized and used regularly and exclusively for the loading and unloading of passengers except bus stops, taxicab stands, and stands for other passenger common carrier vehicles.
  2. Permit required. The Chief of Police is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein. The Mayor may revoke such permits at any time. It is unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit.
  3. Designation of curb loading zones; compliance required.
    1. The Mayor, subject to any directions given by the Board of Trustees by motion or, resolution, may determine the location of passenger and freight curb loading zones and shall have placed and maintained appropriate signs indicating the zones and stating the hours during which the provisions of this section are applicable.
    2. No person shall stand or park a vehicle in violation of signs erected in accordance with this section.
    3. If any loading zone is established on request of any person, the signs shall not be placed until the applicant pays to the town an amount of money estimated by the Board of Trustees to be adequate to reimburse the town for all costs of establishing and signing the same.
  4. Use only for designated purpose. No curb loading zone authorized and established as a passenger loading zone shall be used as a freight loading zone, and no freight loading zone shall be used as a passenger loading zone except as may be specifically provided by law.
  5. Use of passenger curb loading zone. No person shall stop, stand, or park a vehicle in a passenger curb loading zone for any purpose or period of time other than for the expeditious loading or unloading of passengers, during the hours when the regulations applicable to such curb loading zones are effective, and then only for a period not to exceed three minutes.
  6. Use of freight curb loading zone.
    1. No person shall stop, stand, or park a vehicle in a commercial curb loading zone for any purpose or length of time other than for the expeditious unloading and delivery or pick up and loading of materials during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed 30 minutes. Vehicles using any commercial loading zone shall be subject to the permit requirements and regulations provided by this section.
    2. The driver of a passenger vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of, and while actually engaged in, loading or unloading passengers, when such stopping does not interfere with any commercial vehicle which is waiting to enter the zone.
  7. Public carrier stops and stands.
    1. Stops and stands designated. The Mayor may establish loading zones for common carriers, including, but not limited to, bus stops, bus stands, taxicab stands, and stands for other passenger common carrier motor vehicles, on such public streets, in such places, and in such number as he or she shall determine to be of the greatest benefit and convenience to the public. Every such loading zone shall be designated by appropriate signs.
    2. Use of bus and taxicab stands restricted. No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and the appropriate signs are in place. The driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter the zone.
    3. Buses to use stands.
      1. The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein.
      2. The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage except in a bus stop, stand, or loading zone designated as provided herein, except in case of an emergency.
      3. The operator of a bus shall enter a bus stop, bus stand, or passenger loading zone on a public street in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position with the right front wheel of such vehicle not further than 18 inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.
    4. Taxicabs to use stands. The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.

(Prior Code, § 7-6-9) Penalty, see § 71.99

Any vehicle in violation of any regulation contained in this chapter governing, limiting, or prohibiting the parking or standing of a vehicle on any street or public thoroughfare is hereby declared to constitute a public nuisance, and each separate traffic citation issued as authorized herein for such violation shall constitute a separate notice thereof to the owner or operator of such vehicle.

(Prior Code, § 7-6-10) Penalty, see § 71.99

The provisions of this chapter shall not be applicable when it is necessary for a vehicle to stop to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.

(Prior Code, § 7-6-11)

Any person who shall violate any provision of this chapter shall, upon conviction, be fined not less than $100 or not more than $500. Each day of such violation shall constitute a separate offence.

(Ord. 2023-009, passed 2-13-2023)

72.01 Bicycles And Motorized Scooters
72.02 Bicycle Equipment
72.03 Operation Of Motorcycles, Motor Driven Cycles, Motorized Scooters, Motorized Bicycles And Electric Assisted Bicycles
72.04 Motorcycle Equipment; Helmet
72.05 Operation Of Golf Cart And Utility Vehicles

  1. Application of provisions.
    1. It is unlawful for any person to do any act or fail to perform any act required by the provisions of this section. The parent of any child or the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this section.
    2. The provisions of this section are applicable to bicycles or motorized scooters operated upon any street or highway or upon any path set aside for the exclusive use of bicycles.
    3. Every person riding a bicycle or motorized scooter upon a roadway shall be granted all of the rights and shall be subject to all the duties applicable to the driver of a vehicle by the laws of the state declaring rules of the road applicable to vehicles or by the traffic ordinances of the town applicable to the driver of a vehicle, except as to special regulations in this section and except as to those provisions of law and ordinances which, by their nature, can have no application.
  2. Obedience to traffic-control devices.
    1. Any person operating a bicycle or motorized scooter shall obey the instructions of official traffic-control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer.
    2. Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no person operating a bicycle or motorized scooter shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event, such person shall then obey the regulations applicable to pedestrians. Any person may walk bicycles or motorized scooters and shall then be subject to all laws applicable to pedestrians.
  3. Rules of operation.
    1. Riding on bicycles or motorized scooters.
      1. A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto.
      2. No bicycle or motorized scooter shall be used to carry more persons at one time than the number for which it is designed and equipped.
    2. Riding on roadways.
      1. Ride on right. Every person operating a bicycle or motorized scooter upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as near as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:
        1. When overtaking and passing another vehicle proceeding in the same direction;
        2. When preparing for a left turn at an intersection or into a private road or driveway;
        3. When reasonably necessary to avoid conditions and while exercising due care, including, but not limited to:
          1. Fixed or moving objects;
          2. Parked or moving vehicles;
          3. Pedestrians or animals;
          4. Surface hazards; or
          5. Any time it is unsafe to continue along the right-hand curb or edge of the roadway.
        4. When riding in the right turn only lane.
      2. One-way streets. Any person riding a bicycle or motorized scooter upon a one-way street or highway with two or more marked lanes of travel may ride as near as practicable to the left-hand curb or edge of the street or highway.
      3. Passing vehicles. No person operating a bicycle or motorized scooter shall pass other vehicles between lanes of traffic traveling in the same direction.
      4. Riding side by side. Persons riding bicycles or motorized scooters upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles or motorized scooters. Persons riding two abreast shall not impede the normal and reasonable flow of traffic and, on a laned roadway, shall ride within a single lane.
      5. Use of designated pathways. Wherever a usable path for bicycles or motorized scooters has been provided adjacent to a roadway, bicycle or motorized scooter riders shall use the path and shall not use the roadway if required by local, municipal, or county ordinances.
      6. Speed. No person shall operate a bicycle or motorized scooter at a speed greater than is reasonable and prudent under the conditions then existing.
    3. Riding on sidewalks. Bicycles and motorized scooters may not be ridden upon any sidewalk within the town.
    4. Parking. No person shall park a bicycle or motorized scooter upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or motorized scooter or against the building or at the curb in such a manner as to afford the least obstruction to pedestrian traffic.

(Prior Code, § 7-9-1) Penalty, see § 73.99

  1. Lights and reflectors. The requirements for headlamps, taillamps, and reflectors on bicycles shall be as provided in 47 O.S. §§ 12-701 et seq.
  2. Brakes. Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within 25 feet from a speed of ten mph on dry, level, clean pavement.
  3. Siren. A bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren.

(Prior Code, § 7-9-2) Penalty, see § 73.99

  1. Restrictions on transporting other persons.
    1. No person under the age of 16 years shall drive a motorcycle, motor driven cycle, motorized scooter, motorized bicycle, or an electric assisted bicycle on any street in the town while transporting any other person.
    2. The operator of a motorcycle, motor driven cycle, motorized scooter, motorized bicycle, or electric assisted bicycle who has attained the age of 16 years or older may carry a passenger if the vehicle has a wheel diameter of 12 inches or greater and is factory designed and equipped with either:
      1. A double seating device with double footrests; or
      2. A sidecar attachment providing a separate seat space within such sidecar attachment for each person riding therein so that such person shall be seated entirely within the body of said sidecar.
  2. Clinging to vehicles. No rider of a motorcycle, motor driven cycle, motorized scooter, motorized bicycle, or electric assisted bicycle shall hold to any moving vehicle for the purpose of being propelled.
  3. Passing between lanes prohibited. No driver of a motorcycle, motor driven cycle, motorized scooter, motorized bicycle, or electric assisted bicycle shall pass other vehicles between lanes of traffic traveling in the same direction. This division shall not apply to the operator of an authorized emergency vehicle.

(Prior Code, § 7-9-3) Penalty, see § 73.99

  1. Equipment. Motorcycle equipment shall be as provided in 47 O.S. §§ 12-601 et seq.
  2. Helmet. No person under 18 years of age shall operate or ride upon any motorcycle unless such person is properly wearing a crash helmet of a type which complies with standards established by 49 C.F.R. § 571.218.

(Prior Code, § 7-9-4) Penalty, see § 73.99

  1. Golf carts and utility vehicles may be operated on all town streets that have a posted speed limit of 45 mph or less and may operate on state highways only when making a perpendicular crossing of state highway located within the boundaries of a municipality.
  2. The provisions of this chapter, governing the operation of vehicles upon any street or highway within the municipal limits of the town, shall be applicable to golf carts and utility vehicles, as they are defined in 47 O.S. § 1102.
  3. An annual permit fee of $100 per unit shall be paid to the town before such a vehicle may be permitted to operate on the municipal roadways. Operating a golf cart or utility vehicle on a municipal roadway without a current annual permit for the vehicle shall subject the operator of said vehicle to a $250 fine. Except, current employees of the Town of Fort Gibson or the Utilities Authority for the Town of Fort Gibson shall not be required to pay such annual permit fee, but must meet all other requirements of the Town Code, all other applicable state or federal law, and must display the appropriate permit decal issued by the Town on any such vehicle operated on municipal roadways.
  4. Only persons with a valid driver's license may operate golf carts and utility vehicles on town streets.

(Prior Code, § 7-9-5) (Ord. 2014-002, passed 4-14-2014) (Ord.2025-002, passed 8-12-24) Penalty, see § 73.99

73.01 Administration And Enforcement Of Provisions
73.02 Jurisdiction
73.03 Direction Of Traffic; Obedience Required
73.04 Parking Violations; Prima Facie Proof
73.05 Citations
73.06 Impoundment Of Vehicles
73.07 Violations
73.99 Penalty

It is the duty of the officers of the Police Department or any officers that are assigned by the Chief of Police to enforce all street traffic laws of the town and all the state vehicle laws applicable to street traffic in the town. Officers of the Department shall make arrests for traffic violations, investigate accidents, and cooperate with other officers in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specifically imposed upon the Department by this title and any other traffic ordinances of the town. Officers may issue written notice to appear to any driver of a vehicle involved in an accident when, based on personal investigation, the officer has reasonable and probable grounds to believe that the person has committed an offense under the provisions of the traffic code in connection with the accident.

(Prior Code, § 7-10-1)

The ordinances of the town governing and regulating the operation of motor vehicles and other traffic upon roads, streets, and highways shall also be effective and enforced as governing and regulating the operation of motor vehicles and other traffic upon roads, streets, and highways that form boundary lines of the town.

(Prior Code, § 7-10-2)

  1. Direction of traffic by hand or voice.
    1. Police officers. Officers of the Police Department or any officers designated by the Chief of Police are hereby authorized to direct traffic by voice, hand, or signal in conformance with traffic laws and ordinances. In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws and ordinances.
    2. Fire Department officials. Officers of the Fire Department, when at the scene of a fire or other emergency, may direct or assist the police in directing traffic in the immediate vicinity.
  2. Obedience to police and fire officials. No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or Fire Department official.
  3. Direction by unauthorized persons. No unauthorized person shall direct or attempt to direct traffic, except in case of emergency where no officer is present.

(Prior Code, § 7-10-3) Penalty, see § 73.99

In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any law or regulation, together with proof that the defendant named in the complaint was at the time of the parking the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. The presumption in this section shall apply only when the procedure as prescribed in this chapter has been followed.

(Prior Code, § 7-10-4)

  1. Procedures. The procedures followed by the town regarding citations for traffic violations shall be as provided by state statute.
  2. Records of citations.
    1. Town records and disposition.
      1. Every police officer, upon issuing a traffic citation to an alleged violator of any provision of this traffic title, shall deposit the original and a duplicate copy of the citation to an immediately superior officer who shall cause the original to be delivered to the Municipal Court of the town and the duplicate copy to the central records section of the Police Department. The second duplicate copy of the citation shall be retained in the traffic citation book and shall be delivered by such superior officer to the Town Clerk together with such book when all traffic citations therein have been issued.
      2. Upon the filing of the original citation in the Municipal Court of the town, the citation may be disposed of by the Town Attorney, by trial in the court, or by other official action by a judge of the court, including the settlement of bail or the payment of a fine, or may be dismissed by the judge if, in his or her opinion, the actions complained of do not constitute a violation of traffic ordinances.
      3. The Chief of Police shall require the return to him or her of each traffic citation and all copies thereof except that copy required to be retained in the book as provided herein, which has been spoiled or upon which an entry has been made and has not been issued to an alleged violator.
      4. The Chief of Police shall also maintain or cause to be maintained in connection with every traffic citation issued by a member of the Police Department, a record of the disposition of the charge by the Municipal Court of the town.
      5. The Chief of Police shall also maintain or cause to be maintained a record of all warrants issued by the Municipal Court of the town, all the traffic fines which are delivered to the Police Department for service and of the final disposition of the warrant.
      6. It is unlawful and official misconduct for any member of the Police Department or other officer of public employ to dispose of, alter, or deface any traffic citation or any copy thereof or the record of issuance of any traffic citation, complaint or warrant in any manner other than is required in this division (B)(1).
    2. Court records; abstract to state.
      1. The Municipal Judge shall keep a record of every traffic citation deposited with or presented to the court and shall keep a record of every official action by the court or its Traffic Violations Bureau in reference thereto, including, but not limited to, a record of every conviction, forfeiture of bail, judgment of acquittal, and the amount of fine or forfeiture.
      2. Within ten days after the conviction or forfeiture of bail of a person upon a charge of violating any provision of this title or other law regulating the operation of vehicles on highways, the Municipal Judge or Clerk of the Court shall prepare and immediately forward to the State Department of Public Safety a certified abstract of the Court's record of the case. An abstract need not be made of any conviction involving the illegal parking or standing of a vehicle.
      3. The abstract must be made upon a form furnished by the State Department of Public Safety and shall include the name and address of the party charged, the number of his or her driver license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, whether bail was forfeited, and the amount of the fine or forfeiture.

(Prior Code, § 7-10-5) Penalty, see § 73.99

Cross-reference: Traffic violations, see § 31.11

  1. Purpose and effect. The impoundment of vehicles under authority of the provisions of this title shall be construed as an enforcement procedure for protection of the public peace, safety, and welfare, and the safeguarding of property, and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisances arising from traffic law violations, protection of the public rights in the use of streets and thoroughfares from obstructions placed and left in derogation of those rights, and for safeguarding and protecting recovered stolen vehicles.
  2. Authority to impound vehicles. Members of the Police Department are hereby authorized within the limits set forth in this title to impound vehicles under the circumstances hereinafter enumerated. No impoundment shall be valid unless made under order of an authorized police officer and in strict adherence with the procedures required in this title.
    1. Disabled vehicle. A disabled vehicle upon a street or highway may be impounded under the following circumstances:
      1. If left unattended and improperly parked on street or highway and constitutes a definite hazard or obstruction to the normal movement of traffic; or
      2. If the person in charge of the vehicle is physically incapacitated to such extent as to be unable to provide for its custody or removal, and the vehicle is so disabled as to constitute an obstruction to traffic or a hazard.
    2. Vehicle on bridge. An unattended vehicle left upon any bridge, viaduct, or causeway or in any tube or tunnel, where the vehicle constitutes an obstruction to traffic or hazard, may be impounded.
    3. Arrest and detention of driver. Whenever the driver or person in charge of any vehicle is placed under arrest and taken into custody and detained by police under circumstances which leaves or will leave a vehicle unattended on any street or highway, the vehicle may be impounded, unless the driver or person in charge can provide immediately for the vehicle's custody or removal.
    4. Vehicle creating traffic hazard. A vehicle left unattended upon any street, alley, or thoroughfare and so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic shall be impounded.
    5. Illegal trespass by vehicle.
      1. An unattended vehicle found to be in violation of this title may be impounded when the required complaint has been properly made and filed as provided in this division (B)(5).
      2. If a violation of the provisions of this title occurs, the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle on the owner's or legal occupant's property. If the identity of the person parking the vehicle is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property upon which the vehicle is parked or standing.
      3. Upon filing of the complaint by the property owner or legal occupant, and if there appears to be proper cause to believe the provisions of this title have been violated, the Police Department shall cause the vehicle to be impounded from the property and placed in storage.
    6. Vehicle parked overtime. Any unattended vehicle which has been parked for more than one hour in excess of the time allowed for parking in any place shall be impounded, and any vehicle parked in violation of this title regarding more than 24 hours shall be impounded.
    7. Vehicles blocking fire exits or hydrants. Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device, or exit, or blocks ready access to a fire hydrant shall be impounded.
    8. Vehicles unattended or disabled in intersection. Any unattended vehicle illegally parked in any street intersection shall be impounded. A disabled vehicle in an intersection with the person in charge of the vehicle being present shall be moved out of the intersection and to the nearest available legal parking space at the street curbing.
    9. Stolen vehicles.
      1. Whenever a stolen vehicle is located by police and the registered owner cannot be found within a reasonable time not exceeding one hour, or cannot be determined from the registration papers or other identifying media in the vehicle or from records or information available from reports of stolen cars, the vehicle may be removed to the nearest authorized place of impoundment, and the registered owner of the vehicle shall be notified of the location of the place of impoundment as soon as possible by the Police Department.
      2. If the registered owner is identified, located, and notified of the recovery of the stolen vehicle, the owner shall be given the right to make his or her own arrangement for the removal of the vehicle within the period of one hour from the time he or she is actually notified of its recovery, and if the owner is unable or unwilling to effect the removal within the time specified, the vehicle may be impounded.
    10. Vehicles with outstanding traffic citations. Any vehicle for which two or more citations have been issued for violation of an ordinance and have not been presented as required, may be impounded if parked in violation of any provision of this title.
  3. The Board of Trustees, pursuant to 47 O.S. § 952(C), hereby regulates that all wrecker or towing service businesses to be used by the town for the reasons listed in 47 O.S. § 955, shall be located within the town limits. Such requests for wrecker or towing services, if there be more than one, shall be rotated among all such wrecker or towing services which are located within the town limits. The Chief of Police or his or her designee shall keep rotation logs on all requested tows, except where there are insufficient licensed wrecker or towing services available to rotate such services. Rotation logs shall be made available for public inspection. A wrecker service shall not be removed from rotation without notification to the wrecker operator stating the reason for removal from the rotation log. All notification for removal from a rotation log shall be mailed to the wrecker service owner at least ten days before removal from the rotation log and shall state the procedure and requirements for reinstatement. Except for Section (C) of 47 O.S. § 952, all other impoundment regulations shall be governed by 47 O.S. § 952.
  4. Duration of impoundment; release of vehicle.
    1. Except as otherwise provided, any vehicle impounded under the authority of this section shall be stored and held safely until an order for its release is received from an officer of the Traffic Violations Bureau or other proper police officer.
    2. The order of release of an impounded vehicle shall be conditioned upon the payment by the person to whom the release is issued of all impoundment costs and accrued storage charges assessed against the vehicle.
  5. Expired tags.
    1. Impoundment of vehicle. On and after the last day of the month following the expiration date for annual registration of a vehicle, any police officer may seize and take into custody any vehicle owned within the state not bearing or displaying a proper license plate required by the State Vehicle License and Registration Act.
    2. Redemption requirements. The vehicle shall not be released to the owner until it is duly registered and the license, registration, or title fee and penalties due are paid in full, and the cost of seizure, including the reasonable cost of taking the vehicle into custody and storing the vehicle, have been paid.
    3. Sale of vehicle. In the event the owner of any vehicle seized fails to pay such fees and penalties due, together with cost of seizure and storage, the State Tax Commission or its motor license agents shall proceed to sell the vehicle by posting not less than five notices of sale in five different public places in the county where the vehicle is located; one of such notices to be posted at the place where the vehicle is stored. A copy of the notice shall also be sent by certified mail, restricted delivery, with return receipt requested, to the last known address of the registered owner of such vehicle in question.

(Prior Code, § 7-10-6) (Ord. 2009-014, passed 10-26-2009; Ord. 2020-006, passed 10-12-2020)

  1. It is an offense against the town for any person to do any act forbidden or to fail to perform any act required by this title.
  2. It is an offense against the town for the parent of any child or for the guardian of any ward to authorize or knowingly permit any such child or ward to violate any of the provisions of this title.
  3. It is an offense for any person to authorize or knowingly to permit any vehicle registered in his or her name to be driven or to stand or to be parked in violation of any of the provisions of this title.

(Prior Code, § 7-10-7) Penalty, see § 73.99

  1. Except as otherwise provided in this title, any person violating any of the provisions of this title, or who performs any unlawful act as defined in this title, or who fails to perform any act required by this title, shall be guilty of an offense and, upon conviction thereof, shall be fined or punished as provided in § 10.99 of this code. (Prior Code, § 7-10-8)

    1. Any person convicted of violating § 70.114(A)(1) shall be punished by a maximum fine of $20 and court costs.
    2. Any person convicted of violating § 70. l 14(B)(1) shall be punished by a fine of $20 and shall pay a maximum of $10 court costs thereof. This fine shall be suspended in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system. The Department of Public Safety shall not assess points to the driving record of any licensed or unlicensed person convicted of violating this division (B).

(Prior Code, § 7-8-5)

CHAPTER 90: FAIR HOUSING
CHAPTER 91: HEALTH AND SANITATION
CHAPTER 92: ANIMALS
CHAPTER 93: PUBLIC WAYS AND PROPERTY

90.01 Discrimination Prohibited
90.02 Town Policy
90.03 Town Assistance To Persons
90.04 Publication
90.05 Program Content

Discrimination in the sale, rental, leasing, financing of housing or land to be used for construction of housing or in the provision of brokerage services because of race, color, religion, sex, or national origin is prohibited by Title VIII of the 1968 Civil Rights Act (Federal Fair Housing Law), being 42 U.S.C. §§ 3601 et seq.

(Prior Code, § 1-9-1) (Ord. 2013-003, passed 4-22-2013)

It is the policy of the town to implement programs to ensure equal opportunity in housing for all persons regardless of race, color, religion, sex, or national origin. The Fair Housing Amendments Act of 1988, being Pub. Law No. 100-430 expands coverage to include disabled persons and families with children.

(Prior Code, § 1-9-2) (Ord. 2013-003, passed 4-22-2013)

Within available resources the town will assist all persons who feel they have been discriminated against because of race, color, religion, sex, national origin, disability, or familial status to seek equity under federal and state laws by filing a complaint with the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division.

(Prior Code, § 1-9-3) (Ord. 2013-003, passed 4-22-2013)

The town shall publicize this chapter and through this publication the town shall encourage owners of real estate, developers, and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and amendments and any applicable state or local laws or ordinances.

(Prior Code, § 1-9-4) (Ord. 2013-003, passed 4-22-2013)

The program will at a minimum include:

  1. Printing and publicizing of this policy and other applicable fair housing information through local media and community contacts;
  2. Distribution of posters, fliers, and any other means that will bring to the attention of those affected, the knowledge of their respective responsibilities and rights concerning equal opportunity in housing; and
  3. Opening of a complaint file, to help mitigate any fair housing and/or equal opportunity violations.

(Prior Code, § 1-9-5) (Ord. 2013-003, passed 4-22-2013)

91 General Provisions
91 Nuisances
91 Weeds And Trash
91 Junked, Wrecked Motor Vehicles And Trailers
91 Dilapidated Buildings

91.001 Obstructing Health Official
91.002 Violations; Noncompliance

It is unlawful for any person to willfully obstruct or interfere with any health officer or physician charged with the enforcement of the health laws of the town.

(Prior Code, § 4-1-1) Penalty, see § 91.999

It is unlawful for any person to willfully violate or refuse or fail to comply with any lawful order, direction, prohibition, rule, or regulation of the County Health Department or any officer charged with enforcement of such order, direction, prohibition, rule, or regulation.

(Prior Code, § 4-1-2) Penalty, see § 91.999

91.015 Powers Of Town
91.016 Nuisances Defined
91.017 Certain Public Nuisances Enumerated
91.018 Nuisances Prohibited
91.019 Persons Liable
91.020 Lapse Of Time; Effect
91.021 Remedial Action
91.022 Public Health Nuisance Abatement
91.023 Summary Abatement Of Nuisances
91.024 Abatement By Suit In District Court
91.025 Procedures Cumulative

As provided in 50 O.S. § 16, and any amendments thereto, the town has power to determine what is, and what shall constitute a nuisance within its corporate limits and, for the protection of the public health, the public parks and the public water supply, outside of its corporate limits. Whenever it is practical to do so, the town has the power summarily to abate any such nuisance after notice to the owner and an opportunity for him or her to be heard, if this can be given.

(Prior Code, § 4-2-1)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

NUISANCE. Unlawfully doing an act or failing to perform a duty, or is any thing or condition which either:

  1. Annoys, injures, or endangers the comfort, repose, health, or safety of others;
  2. Offends decency;
  3. Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake or navigable river, stream, canal, or basin, or any public park, square, street, or other public property; or
  4. In any way renders other persons insecure in life or in the use of property; provided, however, this section shall not apply to preexisting agricultural activities.

PRIVATE NUISANCE. Every "nuisance" not included in the definition of "public nuisance" of this section is a PRIVATE NUISANCE.

PUBLIC NUISANCE. A "nuisance" which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.

(Prior Code, § 4-2-2)

  1. Nuisances enumerated. In addition to other public nuisances declared by other sections of this code or law, the following are hereby declared to be public nuisances:
    1. Unwholesome food or drink. The sale or offering for sale of unwholesome food or drink; or the keeping of a place where such sales or offerings are made;
    2. Liquor violations. The sale, offering for sale, or furnishing of intoxicating liquor in violation of the state law or ordinances of the town; or the keeping of a place where intoxicating liquor or low point beer is sold, offered for sale, or furnished in violation of state law or ordinances of the town;
    3. Obscene materials. The exposure, display, sale, or distribution of obscene pictures, books, pamphlets, magazines, papers, documents, or objects; or the keeping of a place where such are exposed, displayed, sold, or distributed;
    4. Gambling. The keeping of a place where persons gamble, whether by cards, slot machines, punchboards, or otherwise;
    5. Bawdy, disorderly houses.
      1. The keeping of a place where prostitution, illicit sexual intercourse, or other immoral acts are practiced; and
      2. The keeping of a place where activities in violation of state law or ordinance are practiced or carried on.
    6. Noisy conditions. The continued making of loud or unusual noises which annoy persons of ordinary sensibilities; or the keeping of an animal which makes such noises;
    7. Interfering with wireless reception. The operation or use of any electrical apparatus or machine which materially or unduly interferes with radio or television reception by others;
    8. Assemblies obstructing traffic. Any use of a street or sidewalk or a place adjacent thereto which causes crowds of people to gather so as to obstruct traffic on such street or sidewalk, or which otherwise obstructs traffic thereon, except as may be authorized by law or ordinance;
    9. Water flowing, ice or snow falling upon streets. Permitting water or other liquid to flow or fall, or ice or snow to fall, from any building or structure upon any street or sidewalk;
    10. Stagnant water bodies. All wells, pools, cisterns, bodies or containers of water in which mosquitoes breed or are likely to breed, or which are so constructed, formed, conditioned, or situated as to endanger the public safety;
    11. Conditions attracting pests. Rank weeds or grass, carcasses, accumulations of manure, refuse or other things which are, or are likely to be, breeding places for flies, mosquitoes, vermin, or disease causing germs; and the premises on which such exist;
    12. Dangerous structures. Any building or structure which is dangerous to the public health or safety because of damage, decay, or other condition;
    13. Dangerous premises. Any pit, hole, or other thing which is so constructed, formed, conditioned, or situated as to endanger the public safety;
    14. Fire and explosive hazards. Any fire or explosion hazard which endangers the public safety;
    15. Dangerous businesses. Any occupation or activity which endangers the public peace, health, morals, safety, or welfare;
    16. Vehicles without plates. Any motor vehicle (whether in operating condition or not) or any trailer without a current vehicle plate as required by law for vehicles used on the public highways, when stored or kept in a residence district; or
    17. Animal houses. Any stable or other place where animals are kept that may become obnoxious or annoying to any resident of the town, by reason of any noise made by the animal therein, or by reason of lack of sanitation.
  2. Enumeration cumulative. The above enumeration of certain public nuisances shall be cumulative and not limit other provisions of law or ordinances defining public or private nuisances either in more general or more specific terms.

(Prior Code, § 4-2-3)

It is unlawful for any person, including, but not limited to, any owner, lessee, or other person, to create or maintain a nuisance within the town or to permit a nuisance to remain on premises under his or her control within the town.

(Prior Code, § 4-2-4) Penalty, see § 91.999

Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property, created by a former owner, is liable therefor in the same manner as the one who first created it.

(Prior Code, § 4-2-5)

No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right.

(Prior Code, § 4-2-6)

  1. Public nuisances. The remedies against a public nuisance are:
    1. Prosecution on complaint before the Municipal Court;
    2. Prosecution on information or indictment before another appropriate court;
    3. Civil action; or
    4. Abatement:
      1. By person injured as provided in 50 O.S. § 12, and any amendments thereto; or
      2. By the town in accordance with law or ordinance.
  2. Private nuisances. The remedies against a private nuisance are:
    1. Civil action; or
    2. Abatement:
      1. By person injured as provided in 50 O.S. §§ 14 and 15, and any amendments thereto; or
      2. By the town in accordance with law or ordinance.

(Prior Code, § 4-2-7)

  1. Removal of nuisance condition; authority. Pursuant to authority granted by 63 O.S. § 1-1011, the Health Officer shall have authority to order the owner or occupant of any private premises in the town to remove from such premises, at his or her own expense, any source of filth, cause of sickness, condition conducive to the breeding of insects or rodents that might contribute to the transmission of disease, or any other condition adversely affecting the public health, within 24 hours, or within such other time as may be reasonable, and a failure to do so shall constitute an offense.
  2. Nature and service of order. The order, as provided in division (A) above, shall be in writing and may be served personally on the owner or occupant of the premises, or authorized agent thereof, by the Health Officer or by a police officer, or a copy thereof may be left at the last usual place of abode of the owner, occupant, or agent, if known and within the state. If the premises are unoccupied and the residence of the owner, occupant, or agent is unknown, or is without the state, the order may be served by posting a copy thereof on the premises or by publication in at least one issue of a newspaper having a general circulation in the town.
  3. Abatement by town; costs. If the order is not complied with, the Health Officer may cause the order to be executed and complied with, and the cost thereof shall be certified to the Town Clerk, and the cost of removing or abating such nuisance shall be added to the water bill or other town utility bill of the owner or occupant if he or she is a user of water from the town water system or such other utility service. The cost shall be treated as a part of such utility bill to which it is added and shall become due and payable, and subject to the same regulations relating to delinquency in payment as the utility bill itself. If such owner or occupant is not a user of any town utility service, such cost, after certification to the Town Clerk, may be collected in any manner in which any other debt due the town may be collected.

(Prior Code, § 4-2-8)

  1. Dangerous condition; immediate action required. Some nuisances are of such nature as to constitute a grave and immediate danger to the peace, health, safety, morals, or welfare of one or more persons or of the public generally. It is recognized that circumstances may be such as to justify, and even to require, the Mayor or other appropriate officer or agency of the town government to take immediate and proper action summarily to abate such nuisances, or to reduce or suspend the danger until more deliberate action can be taken toward such abatement.
  2. Statement of nuisance; recommended abatement. The Building Inspector, Health Inspector, Code Enforcement Officer, Police Chief, and Fire Chief, or any other officer subordinate to the Mayor, may submit through or with the consent of the Mayor to the Board of Trustees, a statement as to the existence of a nuisance as defined by the ordinances of the town or law, and a request or recommendation that it be abated. The Mayor himself or herself, the Health Officer, Board of Trustees, or any resident or residents of the town may submit such a statement and request a recommendation to the Board of Trustees.
  3. Determination of nuisance existence; notice of hearing. The Board of Trustees shall determine whether or not the alleged nuisance is a nuisance in fact. For the purpose of gathering evidence on the subject, the Board of Trustees shall have power to subpoena and examine witnesses, books, papers, and other effects. Before proceeding to abate the nuisance or have it abated, the Board shall give notice of a hearing on the proposed abatement to the owner of any property concerned and an adequate opportunity to be heard, if such notice and opportunity for a hearing can be given. Such notice to the owner and other persons concerned shall be given in writing by mail or by service by a police officer if their names and addresses are known; but if the names or addresses are not known, and the peace, health, safety, morals, or welfare of the persons or public adversely affected would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be published in a newspaper of general circulation within the town.
  4. Failure of owner to abate. If the Board of Trustees finds that a nuisance does in fact exist, it shall direct the owner or other persons responsible for or causing the nuisance to abate it within a specified time if the peace, health, safety, morals, or welfare of the persons or public adversely affected would not be unduly jeopardized by the consequent delay. If the owner or other persons responsible for or causing the nuisance do not abate it within the specified time, the Board shall direct the Mayor to abate the nuisance or to have it abated, if summary abatement is practical, as authorized by 50 O.S. § 16, and any amendments thereto. The Town Clerk shall send a statement of the cost of such summary abatement to the owner or other persons responsible for or causing the nuisance, as may be just under the circumstances, if their names and addresses are known. Until paid, such cost shall constitute a debt to the town collectible as other debts to the town may be collected.

(Prior Code, § 4-2-9)

In cases where it is deemed impractical summarily to abate a nuisance, the town may bring suit in the district court of the county where the nuisance is located, as provided in 50 O.S. § 17, and any amendments thereto.

(Prior Code, § 4-2-10)

The various procedures for abating nuisances prescribed by this subchapter and by other provisions of law and ordinance shall be cumulative to any other penalties or procedures authorized.

(Prior Code, § 4-2-11)

91.040 Definitions
91.041 Unlawful Accumulation And Deposit Of Weeds And Trash
91.042 Littering
91.043 Open Burning
91.044 Removal Of Dead Animals
91.045 Report Of Violations; Inspections
91.046 Abatement Procedures
91.047 Appeals
91.048 Violation; Penalty

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

LITTERING. Throwing any trash, refuse, wastepaper, tin cans, bottles, or any other object or substance whatever upon the public streets, alleys, roadways, and sidewalks of the town or upon any real property owned or occupied by another.

OWNER. The owner of record as shown by the most current tax rolls of the Muskogee County Treasurer.

TRASH. Any refuse, litter, ashes, leaves, debris, paper, combustible materials, rubbish, offal, waste, or matter of any kind or form which is uncared for, discarded, or abandoned.

WEEDS.

  1. Includes, but is not limited to, poison ivy, poison oak, or poison sumac and all vegetation at any stage of maturity which:
    1. Exceeds 12 inches in height, except healthy trees, shrubs, or produce for human consumption or growth in a tended and cultivated garden, unless such trees and shrubbery, by their density or location, constitute a detriment to the health, benefit, and welfare of the public and community or a hazard to traffic or create a fire hazard to the property or otherwise interfere with the mowing of the weeds;
    2. Regardless of height, harbors, conceals, or invites deposits or accumulation of refuse or trash;
    3. Harbors rodents or vermin;
    4. Gives off unpleasant or noxious odors;
    5. Constitutes a fire or traffic hazard; or
    6. Is dead or diseased.
  2. The term WEED does not include tended crops on land zoned for agricultural use.

(Prior Code, § 4-3-1) (Ord. 1998-4-3, passed 4-27-1998)

  1. Accumulation. It is unlawful for any owner or occupant of any lot, tract, or parcel of land situated wholly or in part within the corporate limits of the Town to allow trash or weeds to grow, stand, or accumulate upon such premises. It is the duty of such owner or occupant to remove or destroy any such trash or weeds.
  2. Deposits. It is unlawful for any person to throw, place, or deposit any rubbish, trash, slop, garbage, filthy substance, grass, weeds, trees, brush, or any other refuse or waste matter in any street, avenue, or alley or in any ditch or watercourse, or upon the premises of another, or upon any public ground in the Town.

(Prior Code, § 4-3-2) (Ord. 1998-4-3, passed 4-27-1998) Penalty, see § 91.999

  1. Littering prohibited generally. It is unlawful for any person to litter.
  2. Littering from vehicles. It is unlawful for any person to throw from any automobile or motor vehicle being operated and driven upon and over the streets, alleys, and roadways of the town any litter, trash, wastepaper, tin cans, or any other substance or refuse whatever.
  3. Accumulation of litter; windblown litter.
    1. It is unlawful for any person, firm, or corporation, occupying any real property, either as tenant or owner, to allow trash, wastepaper, litter objects, bottles, tin cans, or any other used or disposed of objects to accumulate upon such real property or premises being so occupied or rented to such an extent as to constitute a littering nuisance.
    2. It is unlawful for any person, firm, or corporation occupying any real property, either as tenant or owner, to allow accumulated trash, wastepaper, litter objects, bottles, tin cans, or any other used or disposed of objects to be carried from the occupied premises, either by the wind, elements, or otherwise, to any adjoining or other real estate not so owned or occupied by the offender.
    3. The premises for which the owner or occupant is responsible shall include that portion of streets, rights-of-way, parkways, alleys, sidewalks, public utility easements, storm drains, ditches, and gutters which adjoins their property.

(Prior Code,§ 4-3-3) (Ord. 1998-4-3, passed 4-27-1998; Ord. 2011-010, passed 11-14-2011) Penalty, see § 91.999

A. No person shall cause or permit any open burning in any public or private place outside any building except as may be authorized by State Department of Health regulations.

B. Commercial Burn Permit Authorized

1. Permit Application: Application for commercial property open burning shall be submitted in writing no less than five (5) days and no more than fourteen (14) days before the fire is set and shall be in such form and contain such information as required by the Town. Such information shall contain, at a minimum, information specifying the purpose of the fire, the nature and quantities of material to be burned, the proposed date, the location of the burn site, the on-site fire extinguishing equipment to be provided, and the responsible party for the burn, and must include the signature of the property owner of the property on which the proposed burn will take place. Burn application must be completed and returned to Town Hall between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday and must include payment of a $25.00 application fee.

2. Notification of Fire Department; Approval of Fire Chief Required: No less than one (1) hour prior to the scheduled burn, the Fort Gibson Fire Department shall be notified by telephone (918) 478-3551. The final decision as to whether any proposed burn will be allowed shall be that of the Fire Chief or his designee. However, even where approval for a burn has been granted, no burning shall commence when conditions are unfavorable (i.e. when high winds exist or when Muskogee or Cherokee County are under burn bands issued at the State level) or when there exist a perceived danger of a fire hazard as determined by the Fire Chief or his designee.

3. Prohibited Material: Only brush/debris gathered from the burn site area may be included under any permit issued hereunder. There shall be no inclusion of brush/debris from other properties allowed. Insulation, treated lumber, plastics, non-wood construction/demolition materials, potentially explosive materials, chemical waste, animal carcasses or wasted, and items containing natural or synthetic rubber are strictly prohibited. All brush/debris piles shall not exceed 20'x20' with a height of no greater than 10'. Logs must be no greater than 23" in diameter and cannot be any longer than 10' in length.

4. Location: Burning authorized under this section must be conducted down wind of or a minimum of 150' from any inhabitable structure and must not be less than 50' from any power line or other exposure that may be affected by the burn (i.e., property boundaries, street signs, telephone boxes, etc.)

5. Burn to be attended: Any open burn allowed under the provisions of this section shall be constantly attended by a competent adult until the fire is completely extinguished. Such persons shall have available a reliable water supply and/or other fire extinguishing equipment readily available for use during the duration of any such fire. Failure to comply with this condition may be reason for immediate revocation of the permit, may subject the applicant to a fine as set forth below, and the Fire Department may immediately extinguish the fire and bill the applicant for resources expended for any action related to a violation of this paragraph.

6. Violation; Penalty: Violations of this section shall be punishable by a fine of $200.00 for the first offense, $500.00 for a second offense, and a $1000.00 fine and permanent ban of any person or organization of whatever type for a third offense.

7. Liability; Compliance with Laws: The authority to conduct open burning under this section does not exempt or excuse any permit holder hereunder from the consequences, damages, or injuries resulting from such burning and does not exempt or excuse anyone from complying with all other applicable laws and/or ordinances, even though such burning is otherwise conducted in accordance with this section.


(Prior Code, § 4-3-4) Penalty, see § 91.999

HISTORY
Amended by Ord. 2023-015 on 4/10/2023

The owner or any person having charge of any animal dying in the town shall, within 24 hours after the death of such animal, remove its carcass. Failure to do so shall constitute an offense.

(Prior Code, § 4-3-5) (Ord. 1998-4-3, passed 4-27-1998) Penalty, see § 91.999

  1. Any officer or employee of the Town who discovers an accumulation of trash, or the growth of grass and weeds, or both these conditions, upon any premises within the limits of the town shall report the condition to the Code Enforcement Officer if, as a result of the accumulation or growth, the premises appear to be:
    1. Detrimental to the health, benefit, and welfare of the public and the community;
    2. A hazard to traffic; or
    3. A fire hazard to property.
  2. The Code Enforcement Officer shall, on citizen complaint or upon their own notice, inspect subject property, subject to paragraph A above. If the inspection reveals a violation of one or more of the conditions named in paragraph (A) of this section, the Code Enforcement Officer will report the findings to the Town Administrator.

(Prior Code, § 4-3-6) (Ord. 1998-4-3, passed 4-27-1998)

The Town Administrator is authorized to cause property within the town to be cleaned of trash and weeds, or grass to be cut or mowed, and the nuisance to be abated in accordance with the following procedure.

  1. Determination of severity of nuisance condition. The Code Enforcement Officer may determine whether the accumulation of trash, growth of weeds or grass, or other nuisances has caused the property to become detrimental to the health, benefit, or welfare of the public and the community or a hazard to traffic, or creates a fire hazard to the danger of the property.
  2. Notice to abate.
    1. Notice to owner. At least ten days' notice shall be given to the owner of the property by mail at the address shown by the current year's tax rolls in the Muskogee County Treasurer's office before the hearing provided for herein or before action may be taken. The notice shall order the property owner to clean the property of trash, or to cut or mow the weeds or grass on the property, as appropriate, and the notice shall state that unless the work is performed within ten days of the date of the notice, the work shall be done by the Town, and a notice of lien shall be filed with the Muskogee County Clerk against the property for the costs due and owing the Town. At the time of mailing of notice to the property owner, the town shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.
    2. Publication of notice. If the property owner cannot be located within ten days from the date of mailing the same, notice may be given by posting a copy of the notice on the property or by publication, as provided by 11 O.S. § 1-102(8), one time not less than ten days prior to any hearing or action.
    3. Summary abatement; contents of notice.
      1. If the Town anticipates summary abatement of a nuisance in accordance with the provisions as herein provided, the notice, whether by mail, posting, or publication, shall state:
        1. That any accumulations of trash or excessive weeds or grass growth on the owner's property occurring within six months after the removal of trash or cutting or mowing of weeds or grass on the property pursuant to the notice may be summarily abated by the town;
        2. That the costs of such abatement shall be assessed against the owner; and
        3. That a lien shall be imposed on the property to secure such payment, all without further notice to the property owner.
      2. At the time of each summary abatement, the Town Clerk shall notify the property owner of the abatement and costs thereof. The notice shall state that the property owner may request a hearing within ten days after the date of mailing the notice. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided in this section. However, these summary abatement procedures shall not apply if the records of the Muskogee County Clerk show that the property was transferred after the notice was given pursuant to this section.
  3. Consent for abatement by town. The owner of the property may give his or her written consent to the town authorizing the removal of the trash or the mowing of the weeds or grass. By giving his or her written consent, the owner waives his or her right to a hearing by the town.
  4. Hearing and appeals.
    1. A hearing may be held by the Town Administrator to determine whether the accumulation of trash or the growth of weeds or grass has caused the property to become detrimental to the health, benefit, or welfare of the public and community, or a hazard to traffic, or creates a fire hazard to the danger of property. Upon making a determination, the Town Administrator will cause to be issued an Administrative Order stating such determination.
    2. The property owner shall have a right of appeal to the Board of Trustees; The appeal shall be taken by filing written notice of appeal with the Town Clerk within ten days after the administrative order is rendered.
  5. Abatement by town.
    1. If the Town Administrator finds the condition of the property constitutes a detriment or hazard and that the property would be benefited by the removal of such conditions, the Town Administrator shall direct the clearing or cleaning be done by one of the following methods:
      1. By the town, for the actual costs of the labor, maintenance, and equipment; or
      2. On a private contract basis, in which case, it shall be awarded to the lowest and best bidder.
    2. The agents of the town are granted the right of entry on the property for the removal of trash, mowing of weeds or grass, cleaning, and performance of necessary duties as a governmental function of the town. Immediately following the cleaning or mowing of the property, the Town Clerk shall file a notice of lien with the County Clerk describing the property and the work performed by the town, and stating that the town claims a lien on the property for the cleaning and mowing costs, and such costs are the personal obligation of the property owner from and after the date of filing of the notice.
  6. Costs.
    1. Determination of costs; issuance of bill. After the property has been cleaned, the Town Administrator shall determine the actual cost of such cleaning and any other expenses as may be necessary in connection therewith, including the cost of the notice and mailing. The Town Clerk shall forward by mail to the property owner specified in this section a statement of the actual cost and demanding payment.
    2. Failure to pay costs.
      1. If payment is not made within 30 days from the date of the mailing of the statement, the Town Clerk shall forward a certified statement of the amount of the cost to the County Treasurer of the county in which the property is located, and the same shall be levied on the property and collected by the County Treasurer as other taxes authorized by law. The lien is coequal with the lien of ad valorem taxes and all other taxes and special assessments, and prior and superior to all other titles and liens against the property. The costs and the interest thereon shall be a lien against the property from the date the cost is certified to the County Treasurer and shall continue until the cost shall be fully paid.
      2. At any time prior to the collection, as provided herein, the town may pursue any civil remedy for collection of the amount owing and the interest thereon. Upon receiving payment, if any, the Town Clerk shall forward to the County Treasurer a notice of such payment and directing discharge of the lien or part thereof.
  7. Exemptions from provisions. The provisions of this section shall not apply to any property used for agricultural purposes.

(Prior Code, § 4-3-7) (Ord. 1998-4-3, passed 4-27-1998)

The property owner shall have a right of appeal to the Board of Trustees from any order of the Town Administrator. Such appeal shall be initiated by filing written notice of appeal with the Town Clerk within ten days after the administrative hearing.

(Prior Code, § 4-3-8)

Violation; Penalty.

Any person, firm or corporation who violates any provision of this chapter, by doing any act prohibited or declared to be unlawful herein, or otherwise declared to be an offense under this chapter and upon conviction, shall be assessed a fine of not less than $100 or more than $500 for each such offense and any cost related thereto. Each day any such violation continues shall constitute a separate offense. All such costs and/or fees shall be assessed against and are the obligation of the property owner.

HISTORY
Amended by Ord. 2023-019 on 4/24/2023
91.060 Definitions
91.061 Nuisance Declared
91.062 Storing Or Parking Junked Vehicles And Trailers

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

IMPLEMENT OF HUSBANDRY. Defined by 47 OS § 1-125, every device, whether it is self-propelled, designed, and adapted so as to be used exclusively for agricultural, horticultural, or livestock-raising operations or for lifting or carrying an IMPLEMENT OF HUSBANDRY and, in either case, not subject to registration if operated upon the highways.

  1. Farm wagon type tank trailers of not over 1,200 gallons capacity, used during the liquid fertilizer season as field storage nurse tanks supplying the fertilizer to a field applicator and moved on highways only for bringing the fertilizer from a local source of supply to farms or field or from one farm or field to another, shall be considered IMPLEMENTS OF HUSBANDRY for purposes of this subchapter.
  2. Trailers or semitrailers owned by a person engaged in the business of farming and used exclusively for the purpose of transporting farm products to market or for the purpose of transporting to the farm material or things to be used thereon shall also be considered IMPLEMENTS OF HUSBANDRY for purposes of this subchapter; provided, no truck or semitrailer with an axle weight of 20,000 pounds or more, which is used to haul manure and operated on the public roads or highways of this state shall be considered an IMPLEMENT OF HUSBANDRY for the purposes of this subchapter.
  3. Utility-type, all-terrain vehicles with a maximum curb weight of 1,500 pounds which are equipped with metal front or rear carrying racks when used for agricultural, horticultural, or livestock-raising operations shall be considered IMPLEMENTS OF HUSBANDRY for purposes of this subchapter.

JUNK MOTOR VEHICLE. Any motor vehicle which does not have lawfully affixed thereto an unexpired license plate or plates and the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned, or discarded.

MOTOR VEHICLE. Any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motor bikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers, and campers.

PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind.

PRIVATE PROPERTY. Any real property within the town which is privately owned and which is not "public property" as defined in this section.

PUBLIC OFFENSE. An act committed or omitted, in violation of a law forbidding or commanding it, and to which is annexed, upon conviction is punishable by a fine, plus assessment and administrative costs, or imprisonment in the county jail, or both such fine and imprisonment.

PUBLIC PROPERTY. Any street, alley, or highway which shall include the entire width between the boundary lines of every way publicly owned or maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.

TRAILERS. Every vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle; provided, however, TRAILER shall not include IMPLEMENTS OF HUSBANDRY as defined by this section.

(Prior Code, § 4-4-1) (Ord. 2023-010, passed 2-13-2023)

Motor vehicles or trailers which are abandoned, dismantled, partially dismantled, wrecked, junked, inoperative, or discarded, or left about the town in places other than authorized junkyards or other areas authorized by the Board of Trustees and which tend to do any one or more of the following, are hereby declared to be a nuisance:

  1. Impede traffic in the streets;
  2. Reduce the value of private property;
  3. Create fire hazards;
  4. Extend and aggravate urban blight; or
  5. Result in a serious hazard to the public health, safety, comfort, convenience, and welfare of the residents of the town.

(Prior Code, § 4-4-2) (Ord. 2023-010, passed 2-13-2023) Penalty, see § 91.999

  1. Prohibited; time limit. No person shall park, store, leave, or permit the parking, storing, or leaving of any junk motor vehicle or vehicle of any kind which is in a wrecked, dismantled, inoperative, junked, or partially dismantled condition, whether attended or not, upon any public or private property within the town for a period of time in excess of ten days.
  2. Public offense. The presence of an abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled vehicle, or parts thereof, on private or public property is hereby declared a public offense and misdemeanor.
  3. Abatement.
    1. Private property; notice to remove. Any such vehicle or trailer on private property shall be removed by the town or its agent after at least ten days' notice is given by posting notice on the vehicle and any other notice required by law. The cost associated with any such removal, including the cost of provided notice shall be charged to the owner of the vehicle and constitute a lien against the vehicle.
    2. Public property; removal by town, costs. Any such vehicle or trailer on public property shall be subject to removal by the town or its agents according to this subchapter or any other applicable town code or state statute. The costs of removal and storage shall be charged to the owner of the vehicle and constitute a lien against the vehicle.
  4. Exemptions from provisions. This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held, stored, or parked in connection with a business enterprise lawfully licensed by the town and on property operated in the appropriate business zone, pursuant to zoning laws of the town, nor shall this section apply to a town-owned vehicle in an appropriate storage place maintained in a lawful place by the town.

(Prior Code, § 4-4-3) (Ord. 2023-010, passed 2-13-2023) Penalty, see § 91.999

91.075 Definitions
91.076 Report Of Dilapidated Building
91.077 Condemnation And Abatement Procedures
91.078 Restoration Of Premises
91.079 Permit To Tear Down; Failure To Obtain
91.999 Penalty

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOARDING AND SECURING or BOARDED AND SECURED. The closing, boarding, or locking of any or all exterior openings so as to prevent entry into the structure.

CLEANING or CLEANED. The removal of trash or weeds from the premises.

DILAPIDATED BUILDING. The neglect of necessary repairs to a building or allowing it to fall into a state of decay or allowing it to fall into partial ruin to such an extent that the building is a hazard to the health or safety or welfare of the general public.

UNSECURED BUILDING. A structure which, through neglect or injury, lacks necessary repairs or otherwise is in a state of decay or partial ruin to such an extent that the structure is a hazard to the health, safety, or welfare of the general public.

(Prior Code, § 4-5-1) (Ord. 1998-4-2, passed 5-26-1998)

Any town officer or employee who discovers or receives a report of a dilapidated building which has become detrimental to the health, benefit, and welfare of the public and the community or creates a fire hazard to the danger of property shall report such conditions to the Building Director/Code Officer.

(Prior Code, § 4-5-2) (Ord. 1998-4-2, passed 5-26-1998)

The Board of Trustees may cause dilapidated buildings within the town limits to be torn down and removed, or boarded or secured, in accordance with the following procedure.

  1. Notices. At least ten days' notice shall be given to the owner of the property before the town takes action or holds a hearing as provided herein. A copy of the notice shall be posted on the property to be affected. In addition, a copy of the notice shall be sent by mail to the property owner at the address shown by the current year's tax rolls in the office of the County Treasurer. Written notice shall also be mailed to any mortgage holder as shown by the records in the office of the County Clerk to the last known address of the mortgagee. At the time of mailing of notice to any property owner or mortgage holder, the Town Clerk shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee. However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property or by publication, as defined by 11 O.S. § 1-102. Such notice may be published once not less than ten days prior to any hearing or action to be taken pursuant to this section.
  2. Hearing. A hearing shall be held by the Board of Trustees to determine whether the property is dilapidated and has thereby become detrimental to the health, safety, or welfare of the public and the community, or if the property creates a fire hazard which is dangerous to other property.
  3. Decision and action; lien. If the Board of Trustees finds that the condition of the property constitutes a detriment or hazard, and that the property would be benefited by the removal of such condition, or by its boarding and securing, the Board of Trustees may cause the dilapidated building to be torn down and removed, or boarded and secured, and shall fix reasonable dates for the commencement and completion of the work. The town shall immediately file a notice of lien with the Muskogee County Clerk describing the property, the findings of the Board of Trustees at the hearing, and stating that the town claims a lien on the property for the destruction and removal, boarding and securing costs and that such costs are the personal obligation of the property owner from and after the date of filing of the notice. The agents of the municipality are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the muncipality if the work is not performed by the property owner within dates fixed by the governing body.
  4. Appeal. The property owner shall have a right of appeal to the Muskogee County District Court from an order of the Board of Trustees. The appeal shall be filed in writing with the Muskogee County District Court within thirty (30) days after the administrative order is rendered.
  5. Methods of abatement. If the work is not performed by the property owner within the dates fixed by the Board of Trustees, the Board of Trustees shall direct the tearing down and removal, or boarding and securing, be done by one of the following methods:
    1. By the town; or
    2. On a private contract basis, in which case, it shall be awarded to the lowest and best bidder.
  6. Costs to owner.
    1. After the building has been tom down and removed, or boarded and secured, the Board of Trustees shall determine the actual cost of the dismantling and removal of the dilapidated building, or the boarding and securing, and any other expenses as may be necessary in conjunction therewith, including the cost of notice and mailing.
    2. The Town Clerk shall forward a statement of such actual cost attributable to the dismantling and removal, or boarding and securing, and a demand for payment by mail to the property owner at the address specified in this section. In addition, a copy of the statement shall be mailed to any mortgage holder at the address specified in this section. At the time of mailing of the statement of costs to any property owner or mortgage holder, the town shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.
  7. Costs a lien. If payment is not made within six months from the date of the mailing of the statement, the Town Clerk shall forward a certified statement of the amount of the cost to the County Treasurer of the county in which the property is located. The town shall have a lien on the property for such costs, together with interest thereon, and the lien shall continue until the cost shall be fully paid.
  8. Release of lien. When payment is made to the town for costs incurred, the town shall file a release of lien or part thereof.
  9. Exemptions from provisions. The provisions of this section shall not apply to any property zoned and used for agricultural purposes.
  10. Additional authority of town. Nothing in this section shall prevent the town from otherwise abating a dilapidated building as a nuisance or otherwise exercising its police power to protect the public health, safety, or welfare.
  11. All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offence committed or penalty incurred or any right established prior to the effective date of this 0ordinance , nor shall such repeal affect the provision of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or conveyed by the Code.
  12. This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this Town and all take effect at the earliest date provided by law.

(Prior Code, § 4-5-3)

HISTORY
Amended by Ord. 2024-009 on 9/25/2023

In all cases in which a house or building has been removed before the effective date hereof or a house or building is torn down or demolished pursuant to order of the State Fire Marshal or one of his or her assistants, or the County Sheriff or the Chief of the Fire Department as provided by state law or as provided in this chapter, and in which any of the following conditions exist, then the owner of the lot and the person, firm, or corporation who tore down the house or building shall immediately comply with the provisions of this chapter by having all of the things done:

  1. The premises have not been cleaned up;
  2. The premises are cleaned up, and all lumber, brick, concrete, cement, plaster, nails, wire, and other material have not been removed;
  3. The materials are removed but the cellar space and excavation have not been filled;
  4. A cistern or well has not been filled or safely and securely closed and all openings to sanitary sewer have not been plugged to meet the requirements of the Building Director/Code Officer and securely closed; and
  5. The lot or lots have not been leveled and left entirely free from trash or the same is not immediately done.

(Prior Code, § 4-5-4) (Ord. 1998-4-2, passed 5-26-1998)

Any person who shall tear down or begin the tearing down of any house or building within the limits of the town without having first procured a permit therefor shall be guilty of an offense against the town and, upon conviction thereof, shall be punished as provided in § 10.99 of this code.

(Prior Code, § 4-5-5) (Ord. 1998-4-2, passed 5-26-1998)

  1. Any person who violates any provision of this chapter for which no specific penalty is otherwise provided, is guilty of an offense and, upon conviction thereof, shall be punished as provided in § 10.99 of this code. In addition thereto, such person may be enjoined from continuing such violations. (Prior Code, § 4-1-3)
  2. Any person, firm, or corporation found violating any provision of §§ 91.040 through 91.047 shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished as provided in § 10.99 this code. (Prior Code, § 4-3-9)
  3. Any person who violates any provision of §§ 91.060 through 91.062, by doing any act prohibited or declared to be unlawful hereby, or declared to be an offense hereby, and upon conviction thereof, shall be fined not less than $100 or more than $500 for each such offense and any cost related thereto. Each day upon which any such violation continues shall constitute a separate offense. (Prior Code, § 4-4-4)

(Ord. 1998-4-3, passed 4-27-1998; Ord. 2023-010, passed 2-13-2023)

92 General Provisions
92 Dogs And Cats
92 Wild, Exotic Or Dangerous Animals
92 Impoundment And Redemption Provisions
92 Rabies Control

92.001 Definitions
92.002 Conflicting Provisions
92.003 Animal Control Officer
92.004 Prohibited Animals; Exceptions
92.005 Miniature Pigs
92.006 Horses
92.007 Poultry
92.008 Cruelty To Animals
92.009 Running, Turning At Large Prohibited
92.010 Pasturing Animals
92.011 Nuisance Animals
92.012 Animal Houses
92.013 Molesting Birds; Disturbing Nests
92.014 Hunting
92.015 Inspections; Complaints

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADOPT. To place an animal with a new owner of the animal. Any animal picked up by the town and for which no owner redeems within the allotted time, shall be placed for adoption. ADOPTION shall include turning the animal over to a non-profit organization whose purpose is to place the animal with a new owner.

ANIMAL. Any horse, mule, donkey, pony, cow, sheep, goat, hog, dog, cat, rabbit, chicken, goose, duck, turkey, or other animal.

ANIMAL CONTROL OFFICER. See definition of HEALTH OFFICER.

AT LARGE. Neither enclosed within a building, fence, or other enclosure of sufficient strength and construction to restrain and keep the animal within the building, fence, automobile, or other enclosure, nor securely restrained and controlled by a person by a leash or harness with handhold of sufficient strength to control the animal.

EUTHANASIA. The painless killing of an animal suffering from an incurable and painful disease or in an irreversible coma, including, but not exclusive to an animal that has been hit by a motor vehicle or injured in an accident or fire.

HEALTH OFFICER. The Director of the County Health Department or his or her authorized agent and shall also include the Town Animal Control Officer.

MINIATURE PIG. A pig which, at maturity, is less than 22 inches high at the shoulder, less than 32 inches long, weighing less than 125 pounds, and which is registered with the North American Pot-Bellied Pig Association.

OWNER. Any person, firm, or corporation owning, harboring, or keeping an animal. The occupant of any premises on which a domesticated or tamed animal remains, or to which it customarily returns, for a period of ten days or more, shall be deemed to be harboring or keeping the animal.

PERMIT. Includes, but is not limited to, the failure to take adequate precautions to prevent an animal from being at large.

VICIOUS ANIMAL. An animal which has bitten, or attempted to bite, any person without undue provocation, or which attacks or barks or growls at and acts as if it intends to attack or bite, or bites a person or persons, when not unduly provoked.

WILD, EXOTIC, OR DANGEROUS ANIMAL. An animal of the larger variety which is usually not a domestic animal and which can normally be found in the wild state, with or without mean or vicious propensities, including, but not limited to, lions, tigers, leopards, panthers, bears, wolves, alligators, crocodiles, apes, foxes, elephants, rhinoceroses, and all forms of poisonous or large snakes, including those considered dangerous such as boas and pythons, lynxes, raccoons, skunks, monkeys, and other like animals.

(Prior Code, § 6-1-1) (Ord. 2019-001, passed 3-25-2019)

In case of conflict between this chapter and the present or any future zoning ordinance, the provisions of the zoning ordinance shall prevail and supersede the provision of this chapter.

(Prior Code, § 6-1-2)

  1. Office created. The office of Animal Control Officer is hereby created.
  2. Duties. The Animal Control Officer shall be responsible for the enforcement of this chapter and is hereby authorized to file complaints in the Municipal Court for violations of this chapter.

(Prior Code, § 6-1-3)

It is unlawful for any person to keep, possess, or have in his or her control in the town any cattle, horses, goats, sheep, mules, swine, hogs, poultry, fowl, or birds of any kind for a longer period than 12 hours, except as otherwise provided in this chapter.

  1. This section does not apply to tracts of land in excess of five acres utilized by persons engaged in farming and ranching.
  2. This section shall not prevent the keeping of miniature pigs in conformity with § 92.005 of this chapter.

(Prior Code, § 6-1-4) Penalty, see § 92.999

A miniature pig may be kept as normal merchandise in commercially zoned property, or may be kept as a household pet in single-family residential or duplex property under the following conditions.

  1. Each such miniature pig shall be a pet which is kept for personal enjoyment and not raised for human consumption.
  2. There shall not be more than two miniature pigs in excess of six months of age at each residence.
  3. The miniature pigs must be kept by their owners in a manner which does not violate other ordinances of the town nor create a nuisance to the neighborhood.
  4. Miniature pigs must be kept confined within the building in which they are housed or within any associated fenced yards, or held by a harness and leash under the control of the owner or the owner's representative.

(Prior Code, § 6-1-5) Penalty, see § 92.999

The following regulations shall apply to every owner or keeper of horses, and the following practices shall be observed.

  1. The distance between the barn or building where such horses are kept shall be at least 100 feet from the nearest occupied dwelling, except the owner's dwelling.
  2. Every keeper of horses shall keep the enclosure where the horses are confined in a clean and sanitary condition at all times, and shall prevent any obnoxious odors from arising from such premises and shall remove the litter and animal excrement from the premises at least once each day. The keeper shall take the proper remedies to prevent flies and other insects from accumulating in and around the premises.
  3. 63 O.S. § 1-1011 relating to health nuisances shall be made a part hereof, and the owner or keeper of horses shall be subject to all of the provisions of said statutory section.

(Prior Code, § 6-1-6) Penalty, see § 92.999

Every owner or keeper of poultry shall observe the following practices.

  1. The distance between the exterior limits of the place where such poultry is kept and the exterior limits of the place where the nearest dwelling occupied by any person other than the owner or keeper shall be at least 50 feet.
  2. Every keeper of poultry shall confine the same in an enclosure sufficient to prevent their running at large. Such enclosure shall be maintained in a clean and sanitary condition at all times.
  3. Every keeper of poultry shall cause the litter and droppings therefrom to be collected daily and stored in a receptacle of ratproof and flytight construction. All litter and droppings so collected shall be disposed of at least once each week.
  4. Feed provided for such poultry shall be stored in a ratproof, flytight container.
  5. Keepers of poultry may possess no more than 6 animals of any type of poultry.
  6. Keeping of roosters within the Town limits is prohibited unless otherwise specifically allowed by Code.
  7. Any keeper of poultry for business purposes, whether as primary business, supplemental business, and regardless as to whether such business is operated for profit, shall be subject ot applicable state and federal laws, regulations, and policies and shall be required to obtain a business license from the Town as set forth in Title XI of this Code.

(Prior Code, § 6-1-7) Penalty, see § 92.999 (Passed and approved September 23, 2024.)

  1. Abuse.
    1. It is unlawful for any person willfully and maliciously to pour on, or apply to an animal, any drug or other thing which inflicts pain on the animal; or knowingly to treat an animal in a cruel or inhumane manner; or knowingly to neglect an animal belonging to him or her or in his or her custody in a cruel or inhumane manner.
    2. The premises on or in which any animals are kept shall be subject to inspection by the Health Officer or any of his or her representatives, at any reasonable hour of the day, for the purpose of enforcing this chapter.
    3. Any police officer or the Animal Control Officer may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and take possession of such animal when, in his or her opinion, it requires humane treatment.
  2. Poison. It is unlawful for a person willfully to poison any dog or other animal, except a noxious, non-domesticated animal, or knowingly to expose poison so that the same may be taken by such an animal.
  3. Animal fights. It is unlawful for any person to instigate or encourage a fight between animals, or to encourage one animal to attack, pursue, or annoy another animal, or to keep a house, pit, or other place used for fights between animals.

(Prior Code, § 6-1-8) Penalty, see § 92.999

  1. Running at large. The owner or keeper of any animal shall keep such animal under restraint at all times and shall not permit such animal to be at large.
  2. Turning at large. It is unlawful for any person to open any enclosure in which any animal is confined as required by ordinance so as to turn the animal at large, or in any manner to turn the animal at large.

(Prior Code, § 6-1-9) Penalty, see § 92.999

It is unlawful for any person to stake, confine, or pasture any animal on any public school ground or other public property, federal, state, town, or other, on any railroad right-of-way, or on any private property without the consent of the person owning or controlling such property.

(Prior Code, § 6-1-10) Penalty, see § 92.999

  1. Nuisance conditions. The following conditions are hereby declared to be a nuisance:
    1. Noise. Any dog or other animal which, by barking, howling or otherwise, disturbs the peace and quiet of any person;
    2. Turning over garbage containers. Any dog or other animal which goes into any garbage can or other waste vessel, or turns the same over or scatters the contents of the same on the ground; and
    3. Chasing vehicles; intimidating persons. Any dog or other animal which chases cars, motorcycles, bicycles, or any other motor vehicle or intimidates joggers, pedestrians, or children.
  2. Enforcement. Any dog or other animal alleged to be a nuisance, as defined in this section, may be proceeded against in the Municipal Court after a complaint has been duly filed therein by any person having knowledge thereof.
    1. If the Court shall find that such dog or other animal is a nuisance, then the Court may order the owner or person in possession to prevent and abate such nuisance, or the Court may order such dog or animal impounded.
    2. The owner or person in possession may have the dog or other animal returned upon paying all costs of impounding and giving good and sufficient bond, in the sum as set by the town, conditioned that he or she will prevent and abate such nuisance.
    3. Thirty days thereafter, such owner or person in possession may present to the Court evidence that the nuisance has been abated and prevented, and the Court may, upon such hearing, order the bond returned.

(Prior Code, § 6-1-11) Penalty, see § 92.999

  1. Construction and conditions.
    1. Every stable or building wherein any animal is kept within the town shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times.
    2. Every structure, stable, pen, coop, or place wherein an animal is kept or permitted to be kept shall be maintained in a clean and sanitary condition, devoid of rodents and vermin and free from objectionable odors.
  2. Manure. Every building housing any livestock or furbearing animals, including, but not limited to, any horse, mule, donkey, cow, goat, or sheep, if located within 200 feet of any apartment house, hotel, restaurant, boarding house, retail food store, building used for educational, religious, or hospital purposes, or residence other than that occupied by the owner or occupant of the premises upon which such animal is kept, shall be provided with a watertight and flytight receptacle for manure, of such size as to hold all accumulations of manure. The receptacle shall be emptied sufficiently often and in such manner as to prevent it from being or becoming a nuisance, and shall be kept covered at all times except when open during the deposit or removal of manure or refuse. No manure shall be allowed to accumulate on such premises except in the receptacle.
  3. Location. No veterinary hospital, kennel, chicken coop, dovecote, rabbit warren, yard, barn, stable, cow shed, or other establishment wherein animals are kept shall be maintained closer than 100 feet to any apartment house, hotel, restaurant, boarding house, retail food store, building used for educational, religious, or hospital purposes, or residence other than that occupied by the owner or occupant of the premises upon which such animal is kept.

(Prior Code, § 6-1-12) Penalty, see § 92.999

It is unlawful to molest, destroy, wound, or shoot at any song or insectivorous bird anywhere within the limits of the town, or destroy or interfere with any nest or eggs of such birds.

(Prior Code, § 6-1-13) Penalty, see § 92.999

  1. Areas hunting allowed. Hunting will be allowed on all annexed lands that were or are currently zoned as agricultural where hunting is currently being conducted and/or is or may become necessary an order to control the animal population.
  2. Firearms restricted. Firearms are limited to shotguns with pellets for small game and upland bird hunting, and steel shot or the equivalent for waterfowl.
  3. Permit requirements.
    1. Hunting of predators, furbearers, and deer with shotguns or rifles will be allowed in these areas by permit only.
    2. Landowners may apply for a permit through the Police Department.
    3. Each application for a permit will be evaluated and a decision made based on safety.

(Prior Code, § 6-1-14) (Ord. 2003-0002, passed 2- -2003) Penalty, see § 92.999

The Health Officer, upon complaint of any person, shall inspect any structure or place where an animal is kept, and may do so on his or her own initiative. He or she may issue any such reasonable order as he or she may deem necessary to the owner of the animal to cause the animal to be kept as provided in this chapter or in a manner so as not to constitute a nuisance. The Health Officer may make a complaint before the Municipal Judge against any person for violation of any provision of this chapter or of any such reasonable order, but this procedure shall not abridge the right of others to make such complaint.

(Prior Code, § 6-1-15)

92.030 Rabies Vaccination Required
92.031 Dog Licensing Requirements
92.032 Confinement And Leashing Of Dogs
92.033 Dogs And Cats In Heat
92.034 Kennels

The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian every calendar year or, in the case of a pup or kitten, before it is four months old. The person vaccinating the dog or cat shall furnish a certificate or statement of vaccination.

(Prior Code, § 6-2-1) Penalty, see § 92.999

  1. Fee required; exemptions. A fee in such sum as set by the Board of Trustees by motion or resolution for every dog more than four months of age is hereby levied upon the owner of any such dog kept or harbored within the town. The regulatory fee levied in this section shall not apply to a dog only temporarily brought and kept within the town, nor to a dog brought within the town to participate in a dog show, nor to a service dog when such dog is actually being used by a person with disabilities to aid him or her in going from place to place, nor to dogs being kept in kennels or pet shops for sale.
  2. Payment of fee; term of license. The owner shall pay to the town the fee levied for every calendar year and within 30 days after acquiring or bringing the dog into the town. The license shall expire one year from the date the license was last issued and shall not be issued for less than one year.
  3. Certificate of vaccination required. The person offering the fee shall present to the town the certificate of a veterinarian or other person legally authorized to immunize dogs showing that the dog has been immunized against rabies during the preceding six months prior to issuance of the license.
  4. Information required. The owner of the dog shall, at the time of paying the fee, register the dog by giving the name and address of the owner, the name, breed, color, and sex of the dog, and such other reasonable information as the town may request.
  5. Receipt and license tag.
    1. The town shall deliver an original receipt to the owner and also an appropriate tag to him or her for the dog. The tag shall constitute a license for the dog.
    2. The owner shall cause the tag received from the town to be affixed to the collar of the dog so that the tag can easily be seen by officers of the town. The owner shall see that the tag is so worn by the dog at all times.
    3. In case the tag is lost before the end of the year for which it was issued, the owner may secure another for the dog by applying to the town, presenting to the town the original receipt, and paying to town a fee as set by the Board of Trustees.

(Prior Code, § 6-2-2)

When requested by any proper official, meter reader, police officer, sanitation worker, or other person whose duty is to enter onto private property, an owner shall leash or otherwise confine any and all dogs to prevent harm to the person making a lawful entry on owner's private property.

(Prior Code, § 6-2-3) Penalty, see § 92.999

It is unlawful for the owner or harborer to fail, at all times, to confine any female dog or cat which is in season, in a building or secure enclosure, veterinary hospital, or boarding kennel, except when on a leash and under the control of an adult person.

(Prior Code, § 6-2-4) Penalty, see § 92.999

  1. Private kennels.
    1. Number of animals; license required. Any person owning, possessing, keeping, or harboring or allowing to be kept or harbored more than three dogs or three cats, four months old or older shall be deemed to be operating a private kennel for such animals. No person shall operate a private kennel without first obtaining from the town an annual license to operate the kennel.
    2. Maintenance requirements. Private kennels shall be maintained in accordance with the written standards of the American Humane Society and applicable federal and state laws and regulations.
    3. Inspections. Licensees under this section shall permit the Animal Control Officer to inspect the premises used as a private kennel.
  2. Commercial kennels prohibited. No person may operate a kennel within the town limits for pecuniary gain or as a commercial business. The private kennel license provided for in this section does not authorize the conducting of any commercial kennel operation but only authorizes the holder to keep more than three dogs or three cats as pets for the personal use of the family residing on the premises where the animals are kept.

(Prior Code, § 6-2-5) Penalty, see § 92.999

Cross-reference: Kennel defined, see § 157.004

92.045 Prohibited Generally
92.046 Permit To Keep
92.047 Court Proceedings Against Vicious, Dangerous Animals
92.048 Exceptions From Provisions

It is unlawful to keep or harbor any wild, exotic, or dangerous animal in the town limits as a pet or for display or for exhibition purposes, whether gratuitously or for a fee, except as provided in this subchapter.

(Prior Code, § 6-3-1) Penalty, see § 92.999

  1. Requirements for issuance. If the owner of a wild, exotic, or dangerous animal can establish to the Police Department's satisfaction that an animal ordinarily considered as wild, dangerous, or exotic is not dangerous to people or other animals and that the animal is healthy, safe, and tame as a pet, then the Town Clerk may issue a permit to the owner to keep such animal within the town limits.
  2. Permit fee. The fee shall be set by the Board of Trustees.
  3. Annual renewal. The permit shall be renewed annually.
  4. Responsibilities of owner. For any animal so permitted as provided in this section, the owner agrees to accept full responsibility for the actions and behavior of such animal. The establishment of whether such animal is healthy, safe, and tame as a pet shall be the responsibility of the owner of the animal by submitting written evidence to the Police Department. No permit shall be granted by the Town Clerk unless written approval of the evidence submitted by the owner is submitted to the Clerk in advance.
  5. Temporary permits for infant animals. The town may issue temporary permits for keeping, care, and protection of an infant animal native to this area which has been deemed to be homeless. The town shall have the power to release or order the release of any infant wild animal kept under temporary permit which is deemed capable of survival.

(Prior Code, § 6-3-2)

  1. Any dog or other animal alleged to be vicious or dangerous may be proceeded against in the Municipal Court, after a complaint has been duly filed therein, by any person having knowledge thereof.
  2. If the Municipal Court shall find that at such time the following facts exist, then the Court shall have the authority to order such dog or other animal kept muzzled or that such dog or other animal be kept within a sufficient enclosure. If such dog or other animal has bitten or attacked a human being on other occasions, the court may order that it be delivered to the Animal Control Officer and destroyed by him or her.
    1. The dog or other animal has attacked a person; and
      1. The person so attacked was not at the time trespassing upon the property of the owner or person having control of such dog or other animal; or
      2. It cannot be proved beyond a reasonable doubt that the person so attacked was provoking or teasing such dog or other animal.
    2. The dog or other animal is of such vicious and fierce disposition as to attack human beings without provocation.

(Prior Code, § 6-3-3)

This subchapter shall not be construed to apply to zoological parks or zoos, performing animal exhibitions, or circuses licensed by the town.

(Prior Code, § 6-3-4)

92.060 Animal Shelter Established; Humane Care Of Animals
92.061 Authority To Impound
92.062 Records Kept; Owner Notified
92.063 Fees For Impoundment
92.064 Redemption Of Impounded Animal
92.065 Disposition Of Unclaimed Animal
92.066 Breaking Into Animal Shelter; Interfering With Officials

A Town Animal Control Shelter is hereby established under the jurisdiction of the Animal Control Officer or of such other person as may be officially designated. The person in charge of the Animal Control Shelter shall provide proper sustenance for all animals impounded and shall treat them in a humane manner.

(Prior Code, § 6-4-1)

  1. The Animal Control Officer, or any other town officer or employee, shall catch, or take up, and impound in the Animal Control Shelter any animal which is at large within the town or in violation of this code, and may enter upon the premises of the owner or other private premises to take such animal into custody.
  2. Any other person may take such animal into custody and present it to the authority in charge of the Animal Control Shelter for impounding.

(Prior Code, § 6-4-2)

A description of the animal shall be kept, and if the owner is known, the town shall attempt to notify the owner of the impoundment orally or in writing.

(Prior Code, § 6-4-3)

The Board of Trustees, by motion or resolution, shall determine the fees to be charged for impounding and keeping animals. In computing the fee, a fraction of a day during which an animal has been fed shall be deemed a full day.

(Prior Code, § 6-4-4)

  1. Procedure generally.
    1. An owner of an impounded animal or his or her agent may redeem the animal, prior to its sale or destruction as provided for herein, by paying the required fees against the animal and meeting any other requirements which may be prescribed in this chapter. However, when, in the judgment of the Animal Control Officer, an animal should be destroyed for humane reasons, such animal may not be redeemed.
    2. Any person redeeming an impounded animal shall pay the required fees to the Town Treasurer and present his receipt therefor to the person in charge of the Animal Control Shelter before the latter releases the animal.
  2. Dogs.
    1. Unlicensed. Any person redeeming a dog not licensed, as required by § 92.031 of this chapter, shall pay the required license tax to the Town Treasurer and secure a tag and present the receipt therefor and the tag to the person in charge of the Animal Control Shelter before the latter releases the dog.
    2. Licensed. If a dog has been licensed but is not wearing the tag, the person in charge of the Animal Control Shelter shall require adequate evidence of the proper licensing of the dog before releasing it.

(Prior Code, § 6-4-5)

  1. Notice posted. As soon as practicable after any animal has been impounded, the Animal Control Officer or other employee or officer impounding the animal shall notify the owner, if known, orally or in writing and shall post a notice thereof at the police office or Animal Control Shelter of the town. The notices shall describe the animal and notify the owner to pay the charges thereon and remove the same prior to a designated time. The notices shall also state that, unless the animal is redeemed, the animal will be adopted or euthanized as provided in this chapter.
  2. Time period for impoundment. Except as otherwise provided in this chapter, an impounded animal shall be held for five days, during which time, it may be redeemed pursuant to this chapter. No animal may be adopted or euthanized until after this period.
  3. Adoption or euthanasia of animals. Adoptions shall be conducted by or under the direction of the Chief of Police. If an impounded animal cannot be adopted and otherwise meets the definition of euthanasia, the animal shall be humanely killed. Any person or other entity adopting an animal shall acquire absolute title to the animal adopted.

(Prior Code, § 6-4-6) (Ord. 2015-006, passed 10-12-2015; Ord. 2019-001, passed 3-25-2019)

No unauthorized person shall:

  1. Break or attempt to break open the Animal Control Shelter or take or let out any animal therefrom;
  2. Take or attempt to take from any officer or employee of the town any animal taken into custody as provided by this chapter; or
  3. In any manner interfere with or hinder an officer or employee in the discharge of his or her duties relating to the taking into custody and impounding of animals as provided in this chapter.

(Prior Code, § 6-4-7) Penalty, see § 92.999

92.080 Proclamation Of Dog And Cat Confinement
92.081 Animals That Bite; Procedures
92.082 Rabies Crisis
92.083 Rabies Suspects
92.999 Penalty

When the Health Officer or Chief of Police determines and certifies that a dog, a cat, or other animal in the town or within five miles of the town is or was infected with rabies and that an epidemic of rabies threatens the town, the Board of Trustees, by resolution, may order all dogs to be confined and, if deemed desirable, all cats to be confined, during a period of time to be determined by the Board of Trustees. Such resolution or an adequate notice of its passage shall be published in a newspaper of general circulation within the town and shall go into effect on the day following such publication unless the resolution prescribes a later time. While such resolution is in effect, it is unlawful for any owner to permit a dog or cat to be at large in violation of such resolution or for any dog or cat to be at large in violation thereof.

(Prior Code, § 6-5-1) Penalty, see § 92.999

Cross-reference: Required vaccination of dogs and cats, see § 92.030

  1. Information required. The identity and address of the owner of any animal that bites a person shall be promptly furnished to the Animal Control Officer and the County Health Department.
  2. Quarantine and observation; redemption and destruction.
    1. The animal, regardless of its immunization status, shall be securely quarantined at a veterinary hospital of the owner's choice at the owner's expense. The animal shall be observed by a licensed veterinarian for a period of ten days, and may not be released until such reasonable determination has been made that the animal is not infected with rabies, unless the bite was a severe bite by an unimmunized animal. In circumstances of a severe bite (bite on the head, face, neck or upper extremities; or deep laceration; or multiple bite wounds) by an unimmunized animal, the biting animal should be humanely killed immediately, without damaging the head, and the head removed and shipped, under refrigeration, for examination at the State Department of Health.
    2. In case of animals whose ownership is unknown, such quarantine shall be at the Animal Control Shelter.
    3. If an owner becomes known, the animal may be reclaimed by the owner if adjudged free of rabies, and such owner shall then pay any related charges for confinement.
    4. Signs of rabies in wild animals cannot be interpreted reliably; therefore, any wild animal that exposes a person should be killed at once (without unnecessary damage to the head) and the head submitted for examination for evidence of rabies.
  3. Exposed persons; animals unavailable. If the animal is not immediately available for testing, the individuals exposed should consult with their physicians concerning the need for immediate initiation for rabies prophylaxis.
  4. Reports required.
    1. It is the duty of every physician, veterinarian, or other practitioner to report to the Animal Control Officer the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.
    2. It is the duty of every licensed veterinarian to report to the Animal Control Officer his or her diagnosis of any animal observed by him or her to be a rabies suspect.
  5. Death of animal; body part to state. When an animal under quarantine has been diagnosed as being rabid or is suspected of having rabies by a licensed veterinarian and dies while under such observation, the Animal Control Officer, veterinarian, the Health Officer, or other designated emissary shall immediately send the necessary part of such animal to the State Health Department for pathological examination and shall notify the proper public Health Officer of any reports of human contact.

(Prior Code, § 6-5-2)

  1. Declaration of crisis. When a report gives a suspected or a positive diagnosis of rabies, or when the town, county, or state health officials feel that a rabies crisis may be imminent, the health officials may recommend to the Town Administrator townwide quarantine, and upon the invoking of such quarantine by the Board of Trustees, by resolution, no animal shall be taken into the streets or permitted to be in the streets, except for short periods of exercise under leash and control of an adult. During the quarantine, no animal may be taken or removed from the town without written permission of the Animal Control Officer. This declaration must be made by notice in a newspaper of general circulation in the community and will last as long as health officials determine the situation requires such action.
  2. Destruction of animals under crisis period.
    1. During the period of rabies quarantine as mentioned, every animal bitten by an animal adjudged to be rabid shall be forthwith destroyed or, at the owner's expense and option, shall be treated for a rabies infection by a licensed veterinarian, or held under six-month quarantine by the owner in the same manner as a female in season. The period of quarantine may be extended from time to time.
    2. In the event there are additional positive cases of rabies occurring during the period of the quarantine, such period of quarantine may be extended for an additional six months.
    3. No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting or scratching a human, except as herein provided, nor to remove same from the town limits without written permission from the Health Officer of the town or the Animal Control Officer.
    4. The carcass of any animal exposed to rabies shall, upon demand, be surrendered to the Animal Control Officer.
    5. The Animal Control Officer shall direct the disposition of any animal found to be infected with rabies.

(Prior Code, § 6-5-3) Penalty, see § 92.999

No person shall remove from the town any animal suspected of having been exposed to rabies, or any animal which has bitten a human, except as herein provided. The carcass of any animal exposed to rabies shall be surrendered to the Animal Control Officer upon demand, and the Animal Control Officer shall direct disposition of the animal. No person shall refuse to surrender any animal for quarantine or destruction when such demand is lawfully made by the Animal Control Officer.

(Prior Code, § 6-5-4) Penalty, see § 92.999

  1. Any person, firm, or corporation who violates any provision of this chapter, or who violates or refuses or neglects to carry out any reasonable order made by the Health Officer pursuant to this chapter shall, upon conviction thereof, be punished as provided in § 10.99 of this code. The penalties provided for herein shall be in addition to other remedies of the town and remedies allowed for aggrieved persons and shall not be construed as exclusive.
  2. In any prosecution charging a violation of any part of this chapter, proof that the animal described in the complaint was "at large", as defined in § 92.001 of this chapter, and that the defendant named in the complaint was the owner of the animal shall constitute, in evidence, a prima facie presumption that the owner permitted his or her animal to be at large in violation of this chapter.

(Prior Code, § 6-1-16)

93 Streets, Sidewalks, And Public Ways
93 Encroachments And Excavations
93 Library
93 Cemeteries
93 Parks And Recreation Facilities

93.001 Use Of Public Ways, Obstruction
93.002 Traffic Hazards
93.003 Hazardous Sidewalks
93.004 Injury To Public Ways And Public Works
93.005 Trash Deposits
93.006 Mud And Water Drainage
93.007 Playing On Streets
93.008 Trees And Shrubs
93.009 Culvert Construction And Installation
93.010 Closing Public Ways Or Easements; Procedure

  1. Obstructing public ways.
    1. It is unlawful for any person, firm, or corporation to place upon or permit to be placed upon the sidewalks, parkways, streets, and alleys of the town any goods, wares, articles of merchandise, or any other obstruction, and leave same thereon, or to use the same as a place to carry on a business or trade.
    2. It is unlawful for any person, firm, or corporation to use or obstruct the sidewalks of the town in any manner so as to interfere unduly with pedestrian traffic thereon, or to use or obstruct the streets and alleys of the town in any manner so as to interfere unduly with lawful traffic and parking thereon.
  2. Obstructing drainage. It is unlawful for any person, firm, or corporation to obstruct any street, sidewalk, or alley by placing any approach driveway or other obstruction or substance whatever that will obstruct or prevent the natural flow of water into the storm sewers or drains, or dam the same so as to back any water upon the streets, alleys, sidewalks, or gutter.

(Prior Code, § 8-1-1) Penalty, see § 93.999

  1. Owner to remove hazards. The owner of every lot or parcel of land in the town upon which any tree, trees, shrubs, or plants are growing, or upon which any obstruction has been placed, shall remove them if the tree, trees, shrubs, or plants, or other obstruction, or parts thereof, are situated so as to constitute a traffic hazard by obstructing the view of any driver of any vehicle on the streets of the town to the extent that the driver is unable to observe the approach of other vehicles on streets and alleys and at intersections.
  2. Complaint; notice of hearing.
    1. When, in the belief of the Chief of Police, a traffic hazard, as described in division (A) above exists, the Chief may file a complaint with the Board of Trustees. The complaint shall specify that it is the belief of the Chief that a traffic hazard exists. The complaint shall contain a complete description of the alleged traffic hazard and state what trees, shrubs, or other obstruction, in the judgment of the Chief, should be removed by the property owner involved.
    2. Upon the filing of the complaint with the Board of Trustees, the Board shall set a date for the hearing of the complaint before the Board of Trustees, and the Board of Trustees shall give notice in writing of the hearing to the property owner or agent complained against. The notice shall specify in what manner a traffic hazard is alleged to exist, and shall be served upon such property owner or agent at least ten days prior to the hearing.
  3. Hearing; order to be issued.
    1. Upon a hearing of the complaint filed by the Chief of Police, the Board of Trustees shall hear, in a summary manner, all matters incident to the complaint from all interested parties and, at the conclusion of the hearing, make such order as may be just and proper in accordance with the provisions of this section.
    2. If it is the judgment of the Board that a traffic hazard, as defined in division (A) above, does in fact exist, then the Board of Trustees shall make an order directing the removal by the property owner or agent of such trees, shrubs, or other obstructions which constitute the traffic hazard.
  4. Failure to comply; penalty. If, within ten days after a final order is entered by the Board of Trustees, any owner of any such lot or parcel of land as defined in division (A) above has failed, refused, or neglected to remove any tree, trees, shrub, or plants, or any other obstruction, or parts thereof, which have been adjudged to constitute a traffic hazard, within the period, then such person or persons shall be guilty of an offense. Each day that the owner fails, refuses, or neglects to so remove any tree, trees, shrubs, or plants, or any other obstruction, or parts thereof, shall be a separate and distinct offense.

(Prior Code, § 8-1-2) Penalty, see § 93.999

It is unlawful for the owner or occupant of property abutting upon a sidewalk area to permit the sidewalk or sidewalk area adjacent to the property to become a hazard to persons using the sidewalk or sidewalk area.

(Prior Code, § 8-1-3) Penalty, see § 93.999

  1. Injury to public works under construction.
    1. It is unlawful for any person to walk or drive upon or to injure or destroy in any manner any paving, sidewalks, sewers, curb, gutter, or other public work of any character or kind whatsoever which is or may be under construction in the town or to trespass upon the same in any manner whatever until the same shall be open for public use by authority of the town.
    2. Any contractor or other person constructing any public work in the town shall protect such work by barriers or obstructions, and it is unlawful for any person to cross the barriers or to remove them until the work has been completed and open by authority of the town.
  2. Use of lugs and flanges; protection of pavement.
    1. It is unlawful for any person to drive, pull, or move (otherwise than by hauling) upon the paved streets of the town any tractor or engine with lugs, flanges, or other protruding parts upon the surface of the wheels of the same without first obtaining written permission from the town.
    2. Permission shall not be given any person by the Board of Trustees or any other officer of the town to drive, pull, or move (otherwise than by hauling) upon the paved streets of the town any tractor or engine unless all lugs, flanges, or other protruding parts upon the surface of the wheels of same are first removed, or unless a base or boardway is laid upon the paved street for the wheels of such tractor or engine to run upon so as to keep the wheels from coming in contact with the pavement and so as to entirely protect the pavement from the wheels.

(Prior Code, § 8-1-4) Penalty, see § 93.999

It is unlawful for any person, firm, or corporation to deposit, throw, or sweep into or upon the streets, alleys, parking lots, or sidewalks of the town any paper, rubbish, grass, weeds, tree trimmings, dirt, trash, crates, boxes, or other refuse of any kind.

(Prior Code, § 8-1-5) Penalty, see § 93.999

Cross-reference: Littering, see § 91.042

  1. Washing vehicles.
    1. The washing of an automobile or other vehicle in any street of the town is hereby prohibited.
    2. No automobile or other vehicle shall be washed at any place within the town where the water, dirt, mud, or other substances removed therefrom by or during the washing thereof shall drain into or upon any street or sidewalk of the town.
  2. Service stations and other businesses. It is unlawful for any owner or operator of a filling station or other place of business, or any agent or employee thereof, to cause or allow water, grease, or other fluid to flow or drain into, upon, over, or across any sidewalk, parking lot, street, alley, or other public way.

(Prior Code, § 8-1-6) Penalty, see § 93.999

It is unlawful for any person to play on the main traveled portion of the streets and alleys of the town, except as may be authorized by ordinance.

(Prior Code, § 8-1-7) Penalty, see § 93.999

Cross-reference: Play streets, see § 70.041; Prohibitions regarding toy vehicles in streets, see § 70.073

  1. Trimming required.
    1. The owner of any premises abutting on any street of the town shall trim all trees and shrubbery growing in the parking, between the sidewalks and the roadway, of any such street, and all trees and shrubbery growing on any part of the premises adjacent to the sidewalks of any street or alley, in such manner that the boughs or limbs thereof shall not obstruct free and convenient passage and travel along the streets, sidewalks, and alleys. When such premises are occupied by some person other than the owner, such occupant shall trim the trees and shrubbery in the same manner as herein required of the owner. Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than ten feet above the roadway of a street or alley, nor lower than eight feet above the sidewalk.
    2. Any owner or occupant who shall fail, refuse, or neglect to trim trees and shrubbery as provided in division (A)(1) above, after receiving five days' notice from the head of the department in charge of streets to do so, shall be guilty of an offense against the town. Every day that the owner or occupant shall fail, refuse, or neglect to trim the trees or shrubbery, after the expiration of the five days' notice, shall be a separate offense.
  2. Injury to trees and shrubs prohibited. It is unlawful for any person to injure any tree or shrubbery on a street or alley in the town; provided, that this shall not prohibit the lawful and proper care and removal of such trees and shrubbery.

(Prior Code, § 8-1-8) Penalty, see § 93.999

Cross-reference: Traffic hazards from trees and shrubs, see § 93.002

All culverts placed in the bar ditches of the streets shall be of sufficient size to provide normal drainage at the point of installation, and all metal culverts shall be provided with concrete headers at each end. No culvert shall be constructed or installed in the streets of the town until the location, size, and type of construction are approved by the town or the town's duly authorized representative.

(Prior Code, § 8-1-9) Penalty, see § 93.999

  1. Notice required. The town shall give written notice of the proposed closing of a public way or easement pursuant to 11 O.S. § 42-110.
  2. Closure authorized. The Board of Trustees may, by enacting an ordinance, close said public way or easement whenever deemed necessary or expedient.
  3. Authority to reopen. The town shall retain the absolute right to reopen said public way or easement by ordinance pursuant to 11 O.S. § 42-110.

(Prior Code, § 8-1-10) (Ord. 2002-2-3, passed 2-11-2002)

93.025 Scope
93.026 Encroachment Restricted
93.027 Diversion From Use
93.028 Repossession Of Streets And Alleys
93.029 Excavations; Permit Requirements
93.030 Restrictions On Earth Removal
93.031 Street Paving Work By Town; Duties Of Property Owners
93.032 Underground Utility Installation
93.033 Exemptions From Provisions

Where there are, within the corporate limits of the town, streets, alleys, parks, ponds, lakes, and other premises of whatsoever name or description, that have for years past been open to the public, and have been continuously used by the public during such time, all such streets, alleys, parks, ponds, lakes, or other premises of whatsoever name or description and those that are in the future set aside or dedicated to the public use shall be included within the terms of this subchapter.

(Prior Code, § 8-2-1)

It is unlawful to build, construct, or erect, or cause to be built, constructed, or erected, any fence, enclosure, or building within any public property mentioned in § 93.025 of this chapter, except in parks, where the same shall be done by or under authority of the town.

(Prior Code, § 8-2-2) Penalty, see § 93.999

It is unlawful to divert, cause to be diverted, or attempt to divert from the present use, or from the use hereafter designated by the Board of Trustees, such premises as are mentioned in § 93.025 of this chapter.

(Prior Code, § 8-2-3) Penalty, see § 93.999

In any case where a street or alley, as originally laid out and established, has been encroached upon by any building, the part of the street so encroached upon shall remain the property of the town and may be reclaimed and repossessed by the town as a public street or alley.

(Prior Code, § 8-2-4)

  1. Disturbing streets; permit required. It is unlawful for any person to dig into or excavate in any manner in any unpaved, paved, or surfaced street or alley in the town or to remove any earth therefrom, without first having obtained a permit from the Board of Trustees authorizing such excavation or removal of earth. Any person who leaves such a street or alley in an impassable condition upon completion of the work is guilty of an offense.
  2. Application for permit; issuance. Any person desiring to remove any earth from any unpaved, paved, or surfaced street or alley in the town shall first make application in writing to the Board of Trustees specifying the exact location of such proposed excavation, the approximate amount of earth to be removed, and the proposed disposition of such earth. The person submitting the application shall agree to leave the excavation, at the completion of the work, in such condition as to be passable for vehicles. The Board of Trustees shall issue to the applicant a permit when, in its judgment, the town will suffer no injury from the work, specifying the exact location of the excavation, the approximate amount of earth to be removed, the proposed disposition of the earth, and a time limit for completion of the work and restoration of the street or alley to passable condition.
  3. Conditions of permit. If the Board of Trustees is satisfied that such excavation set out in the application is reasonably necessary, the Board of Trustees shall issue a permit specifying the location and authorizing the work to proceed under the following conditions:
    1. The work shall be supervised by the Town Building Director/Code Officer.
    2. While such work is in progress, the excavation and surroundings shall be properly barricaded and lighted. The barricades and lights shall be kept in place until the Board of Trustees has accepted the excavation, or the replacement and repair in the case of the surfaced portion of surfaced streets and alleys, and until backfilled to the satisfaction of the Board of Trustees in the case of unimproved or unsurfaced streets, alleys, and portions thereof.
    3. In the case of surfaced streets and alleys, the person making the excavation will, after completing the work necessitating the excavation, notify the Board of Trustees that the work is ready for final inspection. If work is satisfactory, the town will place barricades and make backfill.
    4. In the case of unimproved dirt streets and alleys, and the unsurfaced portions of other streets and alleys, the excavation shall be backfilled by approved methods to the satisfaction of the Board of Trustees, and the Board of Trustees may, for the period of one year thereafter, require additional backfilling should it become necessary.
  4. Restoration of excavated area.
    1. When the work necessitating the excavation has been completed, the person making the excavation shall notify the Building Director/Code Officer.
      1. If the excavation has been properly cleaned, the Board of Trustees shall accept the excavation for replacement and repair, and shall cause the town's barricades and lights to be placed at such location.
      2. Only the town shall do backfilling within the surfaced portion of surfaced streets and alleys, and all replacement of surfacing, paving, curb and gutter, and sidewalks.
    2. The person making such excavations within the surfaced portions of surfaced streets and alleys shall pay to the town, charges for replacement and repair as set by the Board of Trustees by motion or resolution.

(Prior Code, § 8-2-5) Penalty, see § 93.999

No earth shall be permanently removed from any street or alley unless the surface of same is above the elevation of the official grade of such street or alley.

(Prior Code, § 8-2-6) Penalty, see § 93.999

Upon the passage of any ordinance providing for the paving or repaving of any street, highway, or alley in the town or before the contract is executed or the improvement actually begun, the Board of Trustees shall notify every property owner having property abutting on such street, highway, or alley that, upon the expiration of a time to be named in the notice, which time shall not be less than 30 days from the date of the notice, the improvement of the street, highway, or alley will be commenced, and warning the property owners to obtain permits for, and to complete all work that might in any way necessitate the cutting, digging, or tearing up of the street, alley, or highway, or any part thereof, after such improvement has been made. Such notices may be served personally on the property owner or known agent, or by certified letter mailed to the last known address of the property owner or agent. Actual receipt of the above mentioned notice shall not be construed as a prerequisite of the validity for the town to proceed under this section.

(Prior Code, § 8-2-7)

Any person desiring to make any sub grade utility installations under the streets or alleys of the town shall first make an application in writing to the Town Administrator or his designee for a permit to make the installation. The application shall specify the nature, location, and proposed method of making the installation. No permit shall be issued for a cut in permanent type pavement when, in the opinion of the Town Administrator or his designee, the installation can be made by boring or jacking. The applicant shall agree to make the necessary excavation in accordance with the ordinances of the town and regulations promulgated in pursuance thereof, and for replacement and repair. The departments of the town, public utility companies holding franchises from the town, and contractors engaged in construction work for the town shall not be required to make such application but shall pay over for credit to the proper account the amounts established by the Board of Trustees.

(Prior Code, § 8-2-8)

HISTORY
Amended by Ord. 2025-006 on 10/15/2024

Nothing in this subchapter shall affect excavations for public improvements by employees of the town, or under contracts with the town, or for sidewalks built under permits from the town.

(Prior Code, § 8-2-9)

93.045 Multi-County Library District; Board Members
93.046 Library As Branch Of Multi-County System
93.047 Facilities Provided; Maintenance Of Library
93.048 Administration Of Library
93.049 Branch Library Board

The town hereby agrees to participate in the multi-county library district of six counties, and agrees to appoint one person to represent the town on the multi-county library governing board.

(Prior Code, § 8-3-1)

The Q.B. Boydstun Library, municipally owned, is hereby established as a branch of the multi-county library system.

(Prior Code, § 8-3-2)

  1. Facilities provided. The town will provide quarters for the branch library in the existing Q.B. Boydstun Library with the necessary utility service.
  2. Supplies; maintenance of library. The multi-county library system will provide books, personnel, film, and other library materials and services; except, that the town will continue to maintain suitable quarters for the library and provide maintenance and necessary utility services of the library quarters and may from time to time, at its option, appropriate funds for the operation or improvement of the library.

(Prior Code, § 8-3-3)

  1. The System Board of Trustees shall administer the personnel and services of the library in accordance with the powers and duties provided for in the library code of the state, by delegation to an administrative librarian who shall serve at the discretion of the System Board.
  2. The branch librarian's compensation shall be paid for by the multi-county library system.

(Prior Code, § 8-3-4)

The Q.B. Boydstun Library Branch Board of Directors shall continue, whose duties shall be to advise the district librarian and the Town Board of Trustees on the needs of the branch library through the branch librarian or the board chairperson or other selected spokesperson.

(Prior Code, § 8-3-5)

93.060 Board Of Cemetery Trustees
93.061 Revenues And Expenditures
93.062 Cemetery Care Fund
93.063 Lien For Upkeep Charges And Enforcement
93.064 Unidentified, Unmarked Grave Sites

  1. Board created. There is hereby created a Board of Cemetery Trustees for the town.
  2. Composition; terms. The Board of Cemetery Trustees shall consist of three members. The term of each member shall be six years; except, that when the Board is first appointed, one member shall serve a term of two years, one member shall serve a term of four years, and one member shall serve a term of six years.
  3. Powers and duties.
    1. Generally. The Board of Cemetery Trustees shall have charge of and control of the municipal cemetery and shall be authorized to:
      1. Make rules and regulations governing the management, improvement, and establishment of the cemetery;
      2. Fix the price for which lots shall be sold or for which an interment shall be made; and
      3. Appoint all officers necessary for the control and management of cemeteries, including a Cemetery Superintendent, subject to the approval of the Town Board of Trustees.
    2. Reports required. The Board of Cemetery Trustees shall, on the first Monday in January and July of each year, make a full report to the Town Board of Trustees of all lots sold, interments made, and all monies received and expended by the Cemetery Board on and about the cemetery.

(Prior Code, § 8-4-1)

All monies received by the Board of Cemetery Trustees from the sale of lots or from interments, or from any other source, shall be paid to the Town Treasurer, who shall deposit the same in the town treasury. Expenses incurred by reason of the upkeep, repair, and adornment of the municipal cemetery may be paid by the Town Treasurer upon proper warrants authorized by the Town Board of Trustees.

(Prior Code, § 8-4-2)

  1. In all municipally-owned cemeteries where lots are sold or charges made for interments, not less than 25% of all monies received from the sale of lots and interments shall be segregated and set aside as a permanent fund to be known as the "Cemetery Care Fund". The Cemetery Care Fund shall be expended in purchasing lands for cemeteries and for making capital improvements if necessary. The balance of the Fund may be invested in the manner provided by law for investment of municipal funds. The interest from the investments shall be used for the same purposes as the principal or in improving, caring for, and embellishing the lots, walks, drives, parks, and other necessary improvements on such cemeteries.
  2. CAPITAL IMPROVEMENT shall mean all items and articles, either new or replacements, not consumed with use but only diminished in value with prolonged use, including, but not limited to, roads and streets, drainage improvements, water and sewer improvements, machinery, equipment, furniture and fixtures, all real property, all construction or reconstruction of buildings, appurtenances and improvements to real property, the cost and expenses related thereto of rights-of-way or other real property, engineering, architectural or legal fees, and payment for improvements for which subsequent reimbursement is made to the Capital Improvement Fund.

(Prior Code, § 8-4-3) (Ord. 1996-7-2, passed 7-23-1996)

  1. The town shall have a lien on any unused lot when a written contract provides for upkeep payments on such lot and the upkeep payments have been unpaid for a continuous period of five years. Where more than one lot has been purchased in a group of lots, and at least one of the lots has been used in that group of lots, the provisions of this section shall not apply.
  2. After filing the lien with the Clerk of the District Court in the county in which the cemetery lot is situated, the lien may be enforced by civil action. The practice, pleading, and proceedings for foreclosure in such action shall conform to the rules prescribed by the code of civil procedure as far as they may be applicable.

(Prior Code, § 8-4-4)

When the bodily remains of an unknown person are discovered in an unidentified and unmarked grave of a cemetery owned and operated by the town, the remains may be removed to some other gravesite within the cemetery, at the expense of the town, if no record exists as to a sale or conveyance of the lot and the town is without knowledge that a body had been buried in the gravesite, in the event the lot is sold to another person. An application for approval of the disinterment and removal of the bodily remains shall be first filed with, and approval obtained from the State Health Department.

(Prior Code, § 8-4-5)

93.075 Rules And Regulations
93.076 Carl Perry Memorial Ballfield Complex
93.077 Riverpark
93.078 Firemen's Park
93.079 Whitlock-Refresco Sports Complex
93.999 Penalty

  1. Authority. The Board of Trustees shall promulgate, invoke, create, amend, and enforce such rules, regulations, and other requirements as it deems necessary or expedient in connection with the use of all recreational and park facilities owned or operated by the town.
  2. Fees. The town shall provide by rule, from time to time, the fees charged for any such park or recreational privileges on any property or facility for recreational purposes owned or operated by the town.
  3. Violation. It is unlawful for any person to use any of the park or recreational facilities without having complied with the rules and regulations promulgated by the Board of Trustees in connection therewith.

(Prior Code, § 8-5-1) Penalty, see § 93.999

Cross-reference: Smoking prohibited in public parks, see § 33.19

  1. Management and subleasing of complex. The town may from time to time enter into a formal, written agreement with an organized league (contractor) to manage the Carl Perry Memorial Ballfield Complex. The contractor may also enter into agreements with other leagues and organizations to sublease all or parts of the Carl Perry Memorial Ballfield Complex during the term of this agreement. At all times, whether subleasing the complex or not, the contractor is responsible for adhering to the terms of the agreement with the town. The agreement will not be considered binding until fully executed. As part of the agreement, the contractor shall agree to adhere to this section.
  2. Deposits and fees.
    1. Deposit
      1. Amount of deposit. The security deposit for use of the baseball or softball fields is $100 per field.
      2. Conditions. The deposit will be held by the town and refunded after inspection by the Town Administrator or his or her designee if the following are adhered to:
        1. Only fields assigned were used;
        2. All trash was picked up from grounds after use;
        3. Restrooms were left clean;
        4. Facilities and equipment were left as found prior to use; and
        5. No damage to facility.
    2. User fees

      Tournament Fee (each tournament)
      $250
      Per season fee per field for leagues that use a field once a week for games
      $200
      Per season fee per field for leagues that use a field once a week for games and sign a maintenance agreement with the town
      $50
    3. Participant fee. Any league using the Carl Perry Memorial Ballfield Complex will pay a participant fee for every participant in the league. Said participant fee shall be set by the Board of Trustees at the beginning of each season of play. Accompanying the fees, which are required when the request is made to the town for use of the Carl Perry Memorial Ballfield Complex, will be a league roster. Any additions to the roster must be reported in written form to the town, accompanied by the associated fees.
    4. Concession stand. The town has a concession stand available to leagues and/ or teams using the Carl Perry Memorial Baseball Complex. The deposits and fees to use this facility are as follows:

      Concession Stand Seasonal Use Fee

      Not for profit organizations
      $100
      All other organizations
      $200

      Concession Stand Use Fee Per Day

      Not for profit organizations
      $25
      All other organizations
      $35
      Deposit$100
    5. Place and time for payments. All payments of fees and/or deposits shall be made at the business office at Town Hall between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, excluding holidays.
  3. Practicing on fields. All persons, groups, teams, and/or leagues may practice on any of the fields of the Carl Perry Memorial Baseball Complex under the following guidelines:
    1. Practice is only allowed through a contractual agreement with Town for operation of the complex.
    2. Practicing will not be allowed past dark. No lights will not be turned on unless for an authorized game, tournament, or through contractual agreement with the town.
    3. A representative of the operations contractor with the Town must be present to open and close the complex and to ensure protection of the property.
  4. Revenues dedicated to complex. All revenues generated from the Carl Perry Memorial Baseball Complex will be dedicated to and earmarked for improvements and other expenditures directly benefiting the Carl Perry Memorial Baseball Complex.

(Prior Code, § 8-5-2) (Ord. 1996-8-4, passed 8-26-1996; Ord. 2004-2, passed 2-23-2004)

  1. Shelter fee and deposit.
    1. Fees. Individuals or groups reserving the Riverpark shelter will be charged a $25 fee per day or partial day. Payment is due at the time reservation is made. Reservations shall be made at least 24 hours prior to the reservation time. The $25 fee will be returned upon cancellation of reservation if cancellation is made more than 24 hours prior to reservation time.
    2. Deposit. A $25 deposit is required for the use of the Riverpark shelter. Such deposit will be paid when the reservation is made. Reservations shall be made at least 24 hours prior to the reservation time. The deposit will be held by the town and returned after inspected by the Town Administrator or his or her designee. The deposit will be returned if all trash, both inside and around the shelter, is picked up, all tables are cleaned, and the shelter floor is swept. The $25 will be returned upon cancellation of reservation.
    3. Place of reservation and payments. All reservations will be made and fees will be paid in the business office at Town Hall.
  2. Revenues dedicated to Riverpark improvements. All revenues generated from the use of the Riverpark shall be dedicated for improvements to the Riverpark.
  3. Rules and regulations. All individuals or groups using the Riverpark shall adhere to the rules and regulations as set forth in this code. The following rules, as set forth in the Plan Of Recreation Development And Management Development Plan For Fort Gibson Park shall also be enforced:

    1. No swimming;
    2. No vehicles allowed off of designated roads or parking areas;
    3. No dumping;
    4. Fires in designated areas only;
    5. Overnight camping by permit only; and
    6. Speed limits strictly enforced.
  4. Camping and day use.
    1. Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      NONRESERVED/ASSIGNED CAMPING. Reservations are not accepted, and camping is based on first come, first served.

      PRIMITIVE CAMPSITE. A site or area where there are no utilities, sanitation facilities, or developments and is generally a significant distance from emergency services.

      TENT SITE. A campsite where tents may be erected for overnight camping, which includes erecting tents upon unimproved campsites.

      UNIMPROVED CAMPSITE. A site where there is no water, electric, or sanitation hookups for recreational vehicles, but water, tables, and grills are available in the area.
    2. Prohibitions.
      1. The town may require permits, designate sites or areas, and establish conditions for camping. The following are prohibited:
        1. Digging or leveling the ground at the campsite except in primitive areas;
        2. Hanging a propane or gas operated lantern on any tree or plant;
        3. Leaving refuse or human waste after departing a campsite;
        4. Camping within 25 feet of a water hydrant or within 100 feet of a stream, river, or body of water, except as designated;
        5. Creating or sustaining unreasonable noises between the hours of 11:00 p.m. and 6:00 a.m., considering the nature and purpose of the actors' conduct, impact on park users, location, and other factors which would govern the conduct of a reasonably prudent person under the circumstances, as determined by the Board of Trustees;
        6. The construction of permanent camping facilities or dwellings;
        7. Failing to obtain a permit for camping in primitive areas;
        8. Camping outside of designated site or areas as defined by the town;
        9. Parking a vehicle in, occupying or otherwise blocking in any manner, any campsite; or using the utility services in a campsite without having first paid campsite fees;
        10. The placing or parking of two or more recreational vehicles on any site not designed for more than one recreational vehicle; and
        11. Camping for longer than the time limits set forth in division (D)(4) below.
      2. Violation of the terms and conditions of this division (D)(2) or the terms and conditions of a permit is prohibited and may result in the suspension or revocation of the camping privilege.
    3. Fees.
      1. A fee of $5 per night per space will be charged for camping at the Riverpark.
      2. The daily fee of $5 per campsite covers the use of the facilities from 5:00 p.m. on the day of payment until 5:00 p.m. the following day.
      3. Camping fee receipts are nontransferable.
      4. Camping fee receipts shall be displayed at the campsite and available for review upon request by any town official.
      5. Tent camping fees shall be based upon the number of persons occupying each tent in multiples of four as follows:

        1 to 4 persons
        1 fee
        5 to 8 persons
        2 fees
        9 to 12 persons
        3 fees
        13 to 16 persons
        4 fees
        Over 17 persons
        5 fees
      6. One tent site may be established as an extension of a recreational vehicle per campsite and the applicable fee as set forth in e. above shall be imposed.
      7. Any person who utilizes any type of campsite, regardless of equipment, shall pay the established fee for said site.
    4. Time limits and extensions.
      1. The following are prohibited:
        1. Camping for periods longer than 14 consecutive days within the same campsite; and
        2. Camping within the same park unit for periods longer than 14 consecutive days without an extension approved by the town.
      2. Camping is permitted for longer than 14 days in accordance with the following conditions.
        1. The town may grant extensions by issuing a permit for camping beyond the 14-day limit. Such extensions shall be based upon the degree of park use, anticipated weekend or holiday occupancy and recreation season.
        2. Persons receiving extended camping privileges shall be limited to specific campsites or campgrounds as defined by the permit.
        3. Persons with a medical disability, who are currently under a physician's care for such disability, may maintain the same campsite for periods longer than 14 days with an approved permit. Verification of such disability shall be provided to the town at the time an extension is requested.
        4. Extensions shall be requested 48 hours prior to the requested date of the extension.
    5. Day use.
      1. For the purposes of this division, a DAY USE AREA is an area used specifically from opening to closing as defined and posted by the town for general recreational activities such as picnicking and fishing. No swimming is allowed.
      2. Entering or remaining in a day use area during closed hours for any purposes is prohibited.
      3. All other applicable rules and state laws as set forth in this chapter shall apply to day use areas.
      4. The town may relax or further restrict the use hours as defined above.
    6. Group camping.
      1. Group camping is permitted within designated campgrounds when there will be five or more sites occupied by a group for two or more consecutive nights or three consecutive nights on holiday weekends.
      2. Reservations may be made for group camping.
  5. Penalties. Any person who violates any provision of this section, upon conviction, shall be punishable as provided in § 10.99 of this code.

(Prior Code, § 8-5-3) (Ord. 1996-5-2, passed 5-28-1996; Ord. 2004-007, passed 9-27-2004

  1. Skateboarding. Skateboarding shall be allowed on the concrete pad located at Firemen's Park on Southeast Railroad Street between West Poplar Street and West Maple Avenue.
  2. Rules and regulations. All individuals or groups using Fireman's Park for skateboarding shall adhere to the rules and regulations set forth in this code. The following rules shall also be enforced: 
    1. No drugs or alcoholic beverages;
    2. No littering;
    3. No destruction or graffiti of public property;
    4. No using obscene, offensive, abusive, profane, vulgar, threatening, violent, or insulting language or conduct;
    5. No motor vehicles allowed on concrete pad;
    6. Entrance to Fireman's Park is not allowed when the Park is closed without specific authority from the Town Administrator or his designee.
  3. Rentals/Reservations. The park may be rented upon request and payment of the applicable fee as set forth before.
    1. Rental. The park may be rented for private functions upon submission of a written request to the Town Clerk that sets forth the date and time the park is to be rented, the name of the individual, organization renting the park, and stating the purpose (i.e. birthday, party, community outreach, etc.).
    2. Reservations of pavilion. The covered tables may be reserved at any time, the park is open by any individual or organization for any period of time, in one hour increments up to 4 hours by making payment of the applicable fee at the business office located at Town Hall.
    3. Fees.
      1. Rental of the Park; $25 per hour with a minimum of 1 hour and maximum of 3 hours.
      2. Reservations of pavilion (2available): $10 per hour with a 4 hour maximum.
    4. Deposits.
      1. Rental of Park requires a $100 deposit due at the time of request is submitted. The deposit will be refunded upon inspection by the Town to ensure the Park is clear of all trash, the restrooms, and the park are in the same condition as at the time of rental.
      2. Reservations of pavilion requires a $50 deposit due at the time request is submitted. The deposit will be refunded upon inspection by the Town to ensure the Park is clear of all trash, the restrooms, and the park are in the same condition as at the time of rental.


(Prior Code, § 8-5-4) (Ord. 2008-004, passed 2-25-2008) Penalty, see § 93.999

A. Management and Subleasing of Complex. The Town may from time to time enter into a formal, written agreement with an organized league (contractor) to manage the Complex. The contractor may also enter into agreements with other leagues and organizations to sublease all or parts of the Complex during the term of any such contractor agreement. At all times, whether subleasing the Complex or not, any such contractor shall be responsible for adhering to the terms of the agreement with the Town. Any such management agreement shall not be binding until the same is fully executed by all involved parties. As part of the agreement, any such contractor shall agree to adhere to this section of the Town Code of the Town of Fort Gibson and any and all other applicable Ordinances.

B. Deposits and Fees.

1. Deposit. The security deposit for use of the Complex is $200.00.

2. Conditions. The deposit will be held by the Town and refunded after inspection by the Town Administrator or his designee if the following are adhered to:

a. Facility/grounds are left free of all trash and/or debris;

b. Restrooms were left clean;

c. Facilities/grounds and equipment were left as found prior to use; and

d. No damage to facility/grounds.

3. User Fees.

a. Tournament fee of $250.00 per tournament.

b. Per season fee of $500.00 for a league utilizing the Complex weekly for games.

c. Per season fee of $250.00 when accompanied by a management agreement.

4. Participant Fee. Any league using the Complex, whether under a management agreement or otherwise, shall pay a participant fee for every participant in the league. The said participant fee shall be in the amount of $25.00 and must be paid prior to any games being played at the Complex and must be accompanied by a roster of each team within the league. Any additions to rosters must be provided to the Town upon such additions and shall be accompanied by the applicable fee(s).

5. Concession Stand. The Town has a concession stand available for league play and/or tournaments. The deposits and fees for rental of the concession stand are:

a. Rent for league per season is $200.00.

b. Rent per day for tournaments or other functions is $50.00.

c. A deposit of $100.00 is required for all rentals, which will be refunded upon completion of the rental period and an inspection by the Town Administrator, or his designee has been conducted. For a refund the concession stand must be free of all trash and debris, tabletops must be wiped down and clean, floors swept and mopped, and the restrooms must be clean.

6. Place and Time for Payments. All payments of fees and/or deposits shall be made at the business office at Town Hall between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, excluding holidays.

C. Practice on Fields. No practice will be allowed at the Complex unless done so under the terms of a management agreement. Any such practice schedule under an appropriate management agreement shall not be allowed after dark. No lights are to be utilized unless for authorized games, tournaments, or through contractual agreement with the Town.

D. Rental of Facilities and/or Grounds. The Whitlock-Refresco Sports Complex may be rented by any individuals or organization upon written request submitted to the Town Clerk at least 48 hours prior to the intended rental. The written request must identify the dates and times of the intended rental, the name of the organization, and the purpose of the rental. Rental requests may be approved by the Town Administrator at his discretion based upon the best interest of the Town and if such rental will not be disruptive to the purpose of the Complex for youth sports. The terms and conditions of any such rental shall be set forth in writing, which must be approved by both the Town Administrator and the renting party and shall requires a fee of $350.00 per day with a refundable deposit of $200.00. The deposit shall be refunded in accordance with the terms and conditions of the rental.

E. Modification. Modifications to the fees and/or deposits set forth herein may from time to time be modified as the Board of Trustees may deem necessary and may be accomplished by Resolution of the Board of Trustees.

F. Revenues Dedicated to the Complex. All revenues generated from the Whitlock-Refresco Sports complex will be dedicated to and earmarked for improvements and other expenditures directly benefiting the Whitlock-Refresco Sports Complex.


  1. Any person, firm, or corporation who violates any provision of this chapter shall be guilty of an offense and, upon conviction thereof, shall be punished as provided in § 10.99 of this code. (Prior Code, § 8-1-11)
  2. Any person who violates any provision of §§ 93.060 through 93.064, by doing any act prohibited or declared to be unlawful thereby, or declared to be a nuisance, an offense, or misdemeanor thereby, or who shall fail to do any act required by any such provision, or who shall fail to do any act when such provision declares such failure to be unlawful or to be an offense or misdemeanor, or who shall violate any legal order or regulation made pursuant to §§ 93.060 through 93.064, is guilty of an offense and, upon conviction thereof, shall be punished as provided in § 10.99 of this code. Each day upon which any such violation continues shall constitute a separate offense.

(Prior Code, § 8-4-6)

CHAPTER 110: GENERAL LICENSING PROVISIONS
CHAPTER 111: ALCOHOL AND TOBACCO
CHAPTER 112: MEDICAL MARIJUANA FACILITIES
CHAPTER 113: BUSINESS-SPECIFIC REGULATIONS
CHAPTER 114: SOLICITORS, PEDDLERS, AND ITINERANT MERCHANTS
CHAPTER 115: GARAGE SALES

110.01 Licenses And Payment Of Fee Required
110.02 Application For License
110.03 Persons Subject To License
110.04 License Fees Levied
110.05 State Sales Tax Permit Required
110.06 Inspections Or Investigations
110.07 Issuance Of License
110.08 Forms And Signatures
110.09 Nontransferability Of License
110.10 Display Of License
110.11 Duplicate Licenses
110.12 Building And Premises
110.13 Change Of Location
110.14 Nuisance Businesses
110.15 Revocation Of License; Hearing
110.16 Appeal Procedure
110.17 Exemptions From Provisions
110.18 Special Events Umbrella License
110.19 Super Events License And Fee
HISTORY
Amended by Ord. 2024-014 on 2/12/2024
  1. License and payment of fee required. It is unlawful for any person, firm, association, or corporation to engage in, exercise, or pursue any business, profession, trade, occupation, or privilege for which a license fee is levied by § 110.04 of this chapter or by any other provisions of this code without paying the license fee and securing and possessing a valid license therefor.
  2. Separate licenses required. Every person who engages in, exercises, or pursues a business, profession, trade, occupation, or privilege for which a license is required, at or from more than one place in the town, or who engages in, exercises, or pursues more than one such business, profession, trade, occupation, or privilege, shall pay the fee and secure a separate license for each such place or for each such business, profession, trade, occupation, or privilege.

(Prior Code, § 3-1-1) Penalty, see § 10.99

Applications for all licenses required by this code shall be made in writing to the Town Clerk, unless otherwise specifically provided by law. Each application shall state the name of the applicant, the license desired, the location to be used, if any, the time covered and the fee to be paid, and each application shall contain such additional information as may be required by the issuing official.

(Prior Code, § 3-1-2)

Whenever in this code a license is required for the maintenance, operation, or conduct of any business or establishment or for doing business or engaging in any activity or occupation, any person or corporation shall be subject to the requirement if, by himself or herself or through an agent, employee, or partner, he or she holds himself or herself forth as being engaged in the business or occupation; or solicits patronage therefor, actively or passively; or performs or attempts to perform any part of such business or occupation in the town.

(Prior Code, § 3-1-3)

A license fee is hereby levied on any person engaging in, exercising, or pursuing any business, profession, trade, occupation, or privilege in the town, as required by the Board of Trustees, for an annual fee as set by the Board of Trustees by motion or resolution. A schedule of such fees shall be adopted or amended by motion or resolution with a copy of the current schedule on file in the Town Clerk's office. All annual occupation fees herein assessed each and every year shall become delinquent from and after January 1.

(Prior Code, § 3-1-4)

In order to receive a license under this chapter, every person, firm, or corporation regulated pursuant to this chapter is required to possess a valid and current state sales tax permit if such person, firm, or corporation is a vendor subject to collection of sales taxes under the sales tax code of the town and state. A copy of this permit shall be provided by the applicant for a license to the Town Clerk prior to issuance of the town license.

(Prior Code, § 3-1-5)

Upon the receipt of an application for a license where laws of the town necessitate an inspection or investigation before the issuance of such license, the Town Clerk shall refer such application to the proper officer for making such investigation within 48 hours of the time of such receipt. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within ten days after receiving the application or a copy thereof. For the protection of health, the Health Officer and/or Code Enforcement Officer for the town shall make or cause to be made any such inspections relative to the construction of buildings or other structures. All other investigations shall be made by some other officer designated by the Town Administrator.

(Prior Code, § 3-1-6) (Ord. 2023-006, passed 12-12-2022)

Upon making proper application to the Town Clerk, the payment of the license fee and fulfillment of any other condition which may be prescribed by law and/or ordinance, the Town Clerk shall issue the license.

(Prior Code, § 3-1-7)

  1. Forms. Forms for all licenses, and applications therefor, shall be prepared and kept on file by the Town Clerk.
  2. Signatures required. Each license issued shall bear the signatures of the Town Clerk or Town Administrator in absence of any provision to the contrary.

(Prior Code, § 3-1-8) (Ord. 2023-007, passed 12-12-2022)

Any assignment or transfer of licenses shall not be permitted in the town.

(Prior Code, § 3-1-9) Penalty, see § 10.99

  1. Every holder of a license to engage in, exercise, or pursue a business, profession, trade, occupation, or privilege shall conspicuously display the license at all times in some part of his or her place of business or activity where a person who has entered the place may readily see it.
  2. If he or she has no particular place of business or activity, he or she shall carry the license and shall display it to any person who requests to see it.
  3. In lieu of the manner of displaying such licenses provided in this section, when licenses are required for coin-operated music or amusement devices, vending machines, and similar devices and equipment, the license may be placed on or attached to such device or equipment in such position and manner that it will be clearly visible; and shall be so placed or attached if the license so states on its face.
  4. It is unlawful to fail or refuse to display the license as required in this section.

(Prior Code, § 3-1-10) Penalty, see § 10.99

Cross-reference: Coin-operated amusement devices, see §§ 113.01 through 113.04

Whenever any license to engage in, exercise, or pursue a business, profession, trade, occupation, or privilege has been lost or destroyed without any wrongful act or connivance by the holder, the Town Clerk, on application, shall issue a duplicate license for the unexpired time. Before the duplicate is issued, the holder shall make and file with the Town Clerk an affidavit that the licensee has in fact lost or destroyed the license without any wrongful act or connivance by the licensee.

(Prior Code, § 3-1-11)

No license shall be issued for the conduct of any business if the premises and building to be used for the purpose do not fully comply with the requirements of the town.

(Prior Code, § 3-1-12)

In the absence of any provision to the contrary, the location of any licensed business or occupation may be changed, provided ten days' notice thereof is given to the Town Clerk; and further provided, the building requirements of this code are complied with.

(Prior Code, § 3-1-13)

No business, licensed or not, shall be conducted or operated as to amount to a nuisance in fact.

(Prior Code, § 3-1-14) Penalty, see § 10.99

  1. Basis for revocation. Any license issued by the town to any person, firm, association, or corporation to engage in, exercise, or pursue any business, profession, trade, occupation, or privilege may be revoked by the Board of Trustees, after adequate opportunity for a hearing, for the following reasons:
    1. The licensee is engaging in, exerc1smg, or pursuing the business, profession, trade, occupation, or privilege in such a manner that he or she has created or is creating a public nuisance as defined by state law;
    2. Any fraud, misrepresentation, or false statement contained in the application for the license;
    3. Any violation by the licensee of ordinance provisions or state law relating to the license, the subject matter of the license, or the premises occupied;
    4. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude;
    5. Failure of the licensee to pay any fine or penalty owing to the town; or
    6. Refusal to permit an inspection or investigation, or any interference with a duly authorized town officer or employee while in the performance of his or her duties in making such inspections, as provided in this code.
  2. Revocation is additional to penalty. The revocation may be in addition to any fine imposed.
  3. Summary cessation of business. The Mayor and Board of Trustees shall be authorized to summarily order the cessation of business, the closing of the premises, and the suspension of any business license for a period not to exceed 15 days.
  4. Hearing.
    1. Time for hearing. Within ten days after the town officials have so acted, the Mayor shall call a hearing for the purpose of determining whether or not the license should be revoked.
    2. Notice of hearing. Notice of hearing for revocation of a license shall be given in writing setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be sent to the licensee by certified mail at his or her last known address or personally served at least five days prior to the date of the hearing.
    3. Hearing procedures. At the hearing, the licensee shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The Mayor shall preside and shall render the decision and recommendation.

(Prior Code, § 3-1-15)

  1. Right to appeal. Any applicant aggrieved by the refusal of the town to issue a license or.by the revocation of a license shall have the right to appeal the town's decision to the Board of Trustees. Such appeal shall be requested by submitting a written request to the Mayor within five days of the action of the town which is appealed.
  2. Board of Trustees consideration. The Board of Trustees shall consider the appeal at its next regularly scheduled meeting, at which time the applicant shall be entitled to present his or her appeal orally or in writing. The Board of Trustees shall act on the appeal within seven days of the hearing and shall either uphold the action of the town or shall direct the issuance of a license which the town has denied or the reissuance of a license which the town has revoked.

(Prior Code, § 3-1-16)

Nothing in this chapter or in other ordinances of the town shall be deemed to require ex-service persons to secure a license or pay a license fee for engaging in a business, occupation, or privilege when he or she is exempted therefrom by statutes of the state or other provisions of law.

(Prior Code, § 3-1-17)

  1. For special events where outside vendors are participating in such events and who are not regularly conducting business within the town, the event sponsor shall be authorized to obtain from the town an umbrella license for the temporary use during the said event as more specifically set forth in this section.
  2. The sponsor of any such special event shall be responsible for securing from each vendor for the event all necessary paperwork to fully describe the vendor, including, but not limited to, name of owner, permanent address of business, contact number, and copies of all certificates, licenses, or other paperwork required by the state for the conduct of such business within the state, which shall include, but not be limited to, a state sales tax permit/certificate. Such paperwork shall be maintained by the sponsor and shall be subject to inspection of and copying by town officials without notice.
  3. Any and all vendors subject to the special events umbrella license as described within this code shall be subject to any and all inspections during the said special event by town officials as may otherwise have been required had such vendor been subject to applying for and receiving an individual business permit to conduct business within the town limits. Any violations of town, state, or federal law could result in the vendor being required to shut down operations or otherwise immediately cure any such violation.
  4. The sponsor and holder of the special events umbrella license shall ensure that each vendor covered under said special events umbrella license understands their requirement to collect applicable sales tax and make payments associated therewith in accordance with applicable local, state, and federal law.
  5. The fee for such special events umbrella license shall be $350 and shall be paid to the town prior to any such license being issued.

(Ord. 2023-002, passed 9-26-2022)

110.19 SUPER EVENTS LICENSING AND FEE

(A) For special events that have an expected crowd of 5,000 people of more as determined jointly by the event host and the Town Administrator, or his designee (if no agreement as to anticipated crowd size can be reached, the Board of Trustees shall so determine), a Super Events business license shall be required for each vendor participating in such event and who are not regularly conducting business within the Town limits. The fee for such Super Events license shall not exceed $150.00. Vendors applying for a Super Event license shall submit copies of all licensing and certifications from any and all required State agencies (i.e., Department of Health, Department of Agriculture, etc) to the Office of Code Enforcement, shall be subject to inspection by the Code Enforcement Officer and Fire Chief, and shall be responsible for assessing and collecting appropriate Town sales tax as to all items sold during such Super Event, which shall be submitted to the Oklahoma Tax Commission for distribution to the Town.

(B) A special events umbrella license for a Super Event may be obtained as set forth in Section 110.18 above, except that the fee for such umbrella license shall be $2,500.00. All other provisions set forth in Section 110.18 above regarding a special events umbrella license shall apply.

(Ord. 2024-014, passed by emergency 02-12-2024)

HISTORY
Adopted by Ord. 2024-014 on 2/12/2024
111 General Provisions
111 Tobacco Sales

111.01 Definitions
111.02 Occupation Taxes Levied
111.03 Payment Of Tax Required
111.04 Annual Report To State
111.05 Certificates Of Compliance
111.06 Location Of Retail Package Stores
111.07 Days And Hours Of Sales
111.08 Conditions Of Sales
111.09 Prohibited Consumption
111.10 Underage Persons
111.11 Sales To Certain Persons Prohibited
111.12 Intoxicated Persons On Premises Prohibited
111.13 Transporting Alcoholic Beverages

Words, phrases, and terms used in this chapter shall have the meanings prescribed by, and be construed in conformity with, the definitions of the same set forth in the State Alcoholic Beverage Control Act, 37A O.S. § 1-103, with the same force and effect as if the definitions were set forth in full in this chapter, unless the context clearly indicates a different meaning or construction.

(Prior Code, § 3-2-1)

  1. An annual occupation tax may be levied on persons engaging in the following businesses or occupations within the town in the amounts respectively indicated:

    Brewer$1,250
    Caterer
    Initial$1,005
    Renewal$905
    Class B wholesaler
    $625
    Distiller$3,125
    Mixed beverage sales

    Initial$1,005
    Renewal
    $905
    Oklahoma winemaker
    $75
    Rectifier$3,125
    Retail package store
    $605
    Special events, per day
    $50
    Wholesaler$3,500
    Winemaker$625
  2. The occupation tax for those service organizations which are exempt under I.R.C. § 501(19), being 26 U.S.C. § 501(c)(19) for bottle club license shall be $500 per year.
  3. If a brewer or a class B wholesaler also holds a license from the state to manufacture or wholesale any low point beer, then the occupation tax for such brewer or class B wholesaler shall be reduced by 75%.

(Prior Code, § 3-2-2)

  1. Payment required. Any state licensee originally entering upon any occupation herein listed shall pay the tax therefor at the office of the Town Clerk on or before the date upon which he or she enters upon such occupation. The licensee shall provide a copy of his or her current state license before payment of an occupation tax will be accepted. Thereafter, the licensee shall pay the tax annually on or before January 1.
  2. Proration of tax. The occupation tax subject to this chapter shall be prorated on a monthly basis for the year in which an occupation begins operations.
  3. Receipt of payment. Upon payment of the occupation tax, the Town Clerk shall issue a receipt to the licensee, which the licensee shall post in a conspicuous place on the premises wherein he or she carries on his or her occupation.
  4. Penalty for failure to pay. Any person who engages in any of the occupations taxed by this chapter without paying the occupation tax imposed therefor in advance of such operation is guilty of an offense against the town and, upon conviction thereof, shall be punished as provided in § 10.99 of this code.

(Prior Code, § 3-2-3)

The Town Clerk shall make an annual report to the Alcoholic Beverage Laws Enforcement (ABLE) Commission, covering the fiscal year, showing the number of licensees subject to the occupation tax and the amount of money collected from the tax.

(Prior Code, § 3-2-4)

  1. Application for certificate. Every applicant for a certificate of compliance with the zoning, fire, health, and safety codes of the town required by 37 O.S. shall apply at the office of the Town Clerk by:
    1. Filing a written application on forms prescribed by that office; and
    2. Paying a verification and certification fee in such amount as set by the Board of Trustees at the time of filing.
  2. Investigation of applicant. Upon receipt of an application for a certificate of compliance, the Town Clerk shall cause an investigation to be made to determine whether the premises proposed for licensed operations comply with the provisions of the zoning ordinance and any health, fire, building, and other safety codes applicable to it.
  3. Action on application; time limit. The Town Clerk shall act on all such applications within 20 days of receipt thereof.
  4. Issuance of certificates.
    1. Certificates issued.
      1. Upon finding that the premises of an applicant for a certificate is in compliance with all applicable zoning ordinances, a certificate of zoning shall be issued to the ABLE Commission.
      2. Upon finding that the premises of an applicant for a certificate is in compliance with all applicable fire, safety, and health codes, a certificate of compliance shall be issued to the ABLE Commission.
    2. Signatures required. The above certificates of compliance shall be signed by the Mayor or by the Town Clerk.
  5. Conditional certificate. A conditional certificate may be granted if construction, modification, or alteration of the premises proposed for licensed operations is not completed. The conditional certificate shall indicate that the proposed premises will comply with town zoning, fire, safety, and health codes. A certificate in accordance with divisions (D)(1)(a) and (D)(1)(b) above shall be issued within ten days after all final inspections are complete.

(Prior Code, § 3-2-5)

  1. No retail package store or any other business licensed by this chapter shall be located or operated at any place except at locations permitted by the town's zoning or planning laws.
  2. The location of a retail package store is specifically prohibited within 300 feet of any public or private school or church property primarily and regularly used for worship services and religious activities. The distance indicated in this section shall be measured from the nearest property line of such public or private school or church to the nearest perimeter wall of the premises of any such retail
  3. The provisions of this section shall not apply to retail package stores prior to November 1, 2000. If at the time of application for license renewal the licensed location has not been in actual operation for a continuous period of more than 60 days, the license shall not be renewed. If any school or church shall be established within 300 feet of any retail package store subject to the provisions of this section after such retail package store has been licensed, the provisions of this section shall not be a deterrent to the renewal of such license, if there has not been a lapse of more than 60 days.
  4. When any retail package store changes ownership or the operator thereof is changed and such change of ownership results in the same type of business being conducted on the premises, the provisions of this section shall not be a deterrent to the issuance of a license to the new owner or operator, if he or she is otherwise qualified.

(Prior Code, § 3-2-6) Penalty, see § 111.99

  1. Retail dealers. No person shall open for business or keep open for business or sell or deliver alcoholic beverages, as defined herein, to any person at a retail alcoholic beverage store in the town on Thanksgiving Day or Christmas Day. There shall be no sales on Sunday except between the hours of 12:00 p.m. and 12:00 a.m. and Monday through Saturday between the hours of 8:00 a.m. and 12:00 p.m.
  2. Wholesaler dealers. No wholesale dealer in alcoholic beverages, and no officer, agent, or employee of such a dealer shall sell or deliver to any retail alcoholic beverage store within the town any amount of spirits or wines on Saturday of any week, on Sunday of any week, on New Year's Day, on Memorial Day, on the Fourth of July, on Labor Day, on Veterans Day, on Thanksgiving Day, on Christmas Day.

(Prior Code, § 3-2-7) (Ord. 2020-003, passed 4-13-2020) Penalty, see § 111.99

  1. No person shall sell or deliver alcoholic beverages out of any retail alcoholic beverage store other than:
    1. In retail containers;
    2. In the original package; and
    3. For consumption off the premises.
  2. No person owning, employed in, or in any manner assisting in the maintenance and operation of such a store shall suffer or permit any alcoholic beverage to be consumed, or any retail container of such beverage to be opened on the premises of such a store.

(Prior Code, § 3-2-8) (Ord. 2020-003, passed 4-13-2020) Penalty, see § 111.99

No person shall drink or consume in any manner any alcoholic beverage on the premises of a retail alcoholic beverage package store, nor in any other public place. No person shall open or break the seal of any original package or retail container containing alcoholic beverages on the premises of any such retail beverage store.

(Prior Code, § 3-2-9) Penalty, see § 111.99

  1. Sales to, false identification prohibited. No person shall knowingly sell, deliver, or furnish alcoholic beverages, at any place within the town limits, to any person who is under 21 years of age. Neither shall any person under 21 years of age misrepresent his or her age verbally or in writing, or present false documentation of age or otherwise for the purpose of inducing any other person to sell him or her alcoholic beverages.
  2. Employment.
    1. No person under 21 years of age shall be employed in the selling, manufacture, distribution, or other handling of alcoholic beverages at any place within the town.
    2. No person shall employ or assist or aid in causing the employment of any person under 21 years of age at any place within the town in the selling, manufacture, distribution, or other handling of alcoholic beverages.
  3. Presence on premises. No person under 21 years of age shall be permitted to remain within or to loiter about the premises of a retail alcoholic beverage store.
  4. Possession.
    1. Definition. For the purpose of this section, INTOXICATING BEVERAGE shall be as defined in § 111.01 of this chapter.
    2. Possession prohibited. It is unlawful for any person under the age of 21 years to be in possession of any intoxicating alcoholic beverage or low point beer while such person is upon any public street, road or highway or in any public place within the town limits.
    3. Responsibility of parent or guardian. It is unlawful for any parent or guardian of a person under the age of 21 years to permit such person to be in possession of an intoxicating alcoholic beverage or low point beer.
  5. Violations. Violation of divisions (B) and (C) above shall subject the owner or proprietor, as well as the underage person, to prosecution.

(Prior Code, § 3-2-10) Penalty, see § 111.99

No person shall sell, deliver, or knowingly furnish alcoholic beverages within the town to an intoxicated person or to any person who has been adjudged insane or mentally deficient.

(Prior Code, § 3-2-11) Penalty, see § 111.99

No person operating a cafe, restaurant, club, or any place of recreation within the town, and no employee engaged in connection with the operation of such a cafe, restaurant, club, or place of recreation shall permit any person to be drunk or intoxicated in the place of business.

(Prior Code, § 3-2-12) Penalty, see § 111.99

Cross-reference: Public intoxication, see § 130.085

It is unlawful for any person to knowingly transport in any vehicle upon a public highway, street, or alley any alcoholic beverage, except in the original container which shall not have been opened and the seal upon which shall not have been broken and from which the original cap or cork shall not have been removed, unless the opened container be in the rear trunk or rear compartment, which shall include the spare tire compartment in a vehicle commonly known as a station wagon and panel truck, or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion.

(Prior Code, § 3-2-13) Penalty, see § 111.99

111.25 Findings And Intent
111.26 Definitions
111.27 Distribution And Sales; Identification
111.28 Distribution Of Samples
111.29 Tobacco Sales In Original, Sealed Packaging
111.30 Possession By Person Under 18; Falsifying Proof Of Age
111.31 Reporting To State
111.32 Nonretaliation
111.99 Penalty

The Board of Trustees finds that youth addiction to tobacco products is a public health problem with grave health consequences. In recognition that almost 90% of all smokers begin smoking by the age of 21, action is needed to curtail the easy access of persons under 21 years of age to cigarettes and other addictive tobacco products. Furthermore, the Board of Trustees finds that the state legislature has limited the powers granted to local governments to address the problems of youth access to tobacco. Therefore, the intent of this chapter is to:

  1. Implement the strictest and most enforceable system allowed under state law to prevent the illegal sale of cigarettes and other tobacco products to minors;
  2. Periodically amend and update this chapter as necessary to best utilize any applicable powers which may be returned to municipalities in the future; and
  3. Educate, encourage, and assist underage tobacco users in ceasing all use of addictive tobacco products, preferably before daily use of such products is initiated.

(Prior Code, § 5-8-1) (Ord. 1998-4-1, effective 5-1-1998)

HISTORY
Amended by Ord. 2025-010 on 10/15/2024

For the purpose of this subchapter, 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.

TOBACCO PRODUCT. Any product that contains tobacco and is intended for human consumption.

NICOTINE PRODUCT. Any product that contains nicotine extracted or isolated from plants, vegetables, fruit, herbs, weeds, genetically modified organic matter, or that is synthetic in origin and is intended for human consumption. This term shall not include products approved by the United States Food and Drug Administration for smoking cessation.

VAPE PRODUCT. Means noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. “Vapor products” shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used in with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device. “Vapor products” do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.


(Prior Code, § 5-8-2) (Ord. 1998-4-1, effective 5-1-1998)

HISTORY
Adopted by Ord. 2025-010 on 10/15/2024
  1. Furnishing to underage person. It is unlawful for any person to sell or furnish in any manner any tobacco product to another person who is under 21 years of age, or to handle tobacco products on behalf of any such person.
  2. Underage employees. It shall not be unlawful for an employee under 21 years of age to handle tobacco products when required in the performance of the employee's duties.
  3. Demand proof of age. A 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 21 years of age.
  4. Failure to require proof 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 21 years of age, the failure to subsequently require proof of age shall not constitute a violation of this section.
  5. Guilt of employee. 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.
  6. Defense to action; demanding proof. 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.
  7. Multiple locations. 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) above, each individual franchise or business location shall be deemed a separate entity.

(Prior Code, § 5-8-3) (Ord. 1998-4-1, effective 5-1-1998) Penalty, see § 111.99

HISTORY
Amended by Ord. 2025-010 on 10/15/2024

No person shall distribute tobacco product or vape 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 21 years of age.

(Prior Code, § 5-8-4) (Ord. 1998-4-1, effective 5-1-1998) Penalty, see § 111.99

HISTORY
Amended by Ord. 2025-010 on 10/15/2024

It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer.

(Prior Code, § 5-8-5) (Ord. 1998-4-1, effective 5-1-1998) Penalty, see § 111.99

  1. Prohibition. Except as provided under § 111.27(B) of this chapter, it is unlawful for a person who is under 21 years of age to purchase, receive, or have in his or her possession a tobacco product or vape product, or to present or offer to any person any purported proof of age which is false or fraudulent for the purpose of purchasing or receiving any tobacco product.
  2. Tobacco education program attendance. On conviction of an juvenile for an offense under subparagraph (A) above, the court shall suspend execution of sentence and shall require the defendant to attend a tobacco education program if under 18 years of age. The court shall require the parent or guardian of the defendant to attend the tobacco education program with the defendant.
  3. Community service in lieu of education program. If access to the tobacco education program is not readily available, the court shall require the defendant to perform eight to 12 hours of tobacco related community service instead of attending a tobacco education program.
  4. Remedial action. The tobacco education program and the tobacco related community service are remedial and are not punishment.
  5. Evidence of completion of program or service. No later than the ninetieth day after the date of conviction under subparagraph (A) above, the defendant shall present to the court, in a manner required by the court, evidence of satisfactory completion of the tobacco education program or the tobacco related community service.
  6. Court action. On receipt of the evidence required under subparagraph (E) above, the court shall:
    1. If the defendant has been convicted of a previous offense under subparagraph (A) above, which offense occurred within one year prior to the offense for which the defendant is currently charged, execute the sentence and, at the discretion of the court, assess a fine of not less than $10 and not more than $200; and
    2. If the defendant has not been convicted of a previous offense under division (A) above, which offense occurred within one year prior to the offense for which the defendant is currently charged, dismiss the complaint and discharge the defendant.
  7. Dismissal of complaint. If the court dismisses the complaint under subparagraph (F)(2) above, the defendant is released from all penalties and disabilities resulting from the offense; except, that the defendant is considered to have been convicted of the offense if the defendant is subsequently convicted of the same charge if such a repeat offense occurs within one year of the dismissed offense.
  8. Apply for expungement. Any person convicted of an offense under subparagraph (A) above may apply to the court to have the conviction expunged. If the court finds that the individual satisfactorily completed the tobacco education program or tobacco related community service ordered by the court and that there has been no subsequent offense for a period of at least one year after the date of the offense for which the person was convicted, the court shall order the conviction and any complaint, verdict, sentence, or other document relating to the offense to be expunged from the individual's record, and the conviction may not be shown or made known for any purpose.
  9. Failure to satisfy penalty or fine. If the defendant does not provide the evidence required under subparagraph (E) above within the period specified by said subparagraph (E) or upon failure of the defendant to pay any fine authorized by this section within 90 days of the day of the assessment of such fine, the Court Clerk or his or her designee shall notify the State Department of Public Safety, as such Department is authorized, to suspend or not issue a driver's license to the person until the required evidence or proof of payment has been provided.

(Prior Code, § 5-8-6) (Ord. 1998-4-1, effective 5-1-1998)

HISTORY
Amended by Ord. 2025-010 on 10/15/2024

The Court Clerk or his or her designee shall furnish any information or reports required or requested by the State Alcoholic Beverage Law Enforcement (ABLE) Commission in the form, manner, and time as may be determined by the ABLE Commission.

(Prior Code, § 5-8-7) (Ord. 1998-4-1, effective 5-1-1998)

HISTORY
Amended by Ord. 2025-010 on 10/15/2024

No person shall discharge, refuse to hire, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reported violations of any provisions of this chapter.

(Prior Code, § 5-8-8) (Ord. 1998-4-1, effective 5-1-1998)

  1. Any person who violates any provision of this chapter for which no specific penalty is otherwise provided, shall be guilty of an offense and, upon conviction, shall be punished as provided in § 10.99 of this code.

    1. Any person who shall violate § 111.27(A) or (B), or § 111.28, shall be guilty of an offense and may be assessed a fine of not more than $100 for the first offense within a one year period and $200 for the second offense or subsequent offense within a one-year period.
    2. Upon failure of any person to pay any fine authorized by subparagraph (B)(1) of this section within 90 days of the day of the assessment of such fine, the Court Clerk or his or her designee shall notify the State Department of Public Safety, as such Department is authorized to suspend or not issue a driver's license to the person until proof of payment has been provided.
  2. Any person who shall violate § 111.29 shall be guilty of an offense and may be assessed a fine of not more than $200 for each offense.

SECTION 1. SEVERABILITY. Should any part, section, subsection, sentence, provision, clause or phrase hereof be held invalid, void, or unconstitutional for any reason, such holding shall not render invalid, void, or unconstitutional any other section, subsection, sentence, provision, clause, or phrase of this ordinance, and the same are deemed severable for this purpose. SECTION 2. EMERGENCY. This ordinance being designated to protect the public health, safety, and welfare of the inhabitants of the Town of Fort Gibson, Oklahoma, and its passage being immediately necessary, an emergency is hereby declared to exist and by reason whereof this ordinance shall take effect immediately upon its passage, approval and publication as provided by law.


(Prior Code, § 3-2-14) (Ord. 1998-4-1, effective 5-1-1998)

HISTORY
Adopted by Ord. 2025-010 on 10/15/2024
112.01 Definitions
112.02 Permit Required; Number Of Permits Available; Eligibility; General Provisions
112.03 Other Laws And Ordinances
112.04 Application For And Renewal Of Permits
112.05 Operational Requirements - Commercial Medical Marijuana Facilities
112.99 Penalty

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICATION. An APPLICATION for a permit under this chapter and includes all supplemental documentation attached or required to be attached thereto; the person filing the APPLICATION shall be known as the applicant.

CLERK. The Town Clerk or his or her designee.

COMMERCIAL GROWER. A person who holds a current and properly issued medical marijuana commercial grower license by the state through the State Department of Health.

DISPENSARY. An entity that holds a current and properly issued medical marijuana dispensary license issued by the state through the State Department of Health.

MARIJUANA. That term used in the state statutes, particularly 63 O.S. §§ 420A, et seq.

MEDICAL MARIJUANA. That term used in the state statutes, particularly 63 O.S. §§ 420A et seq.

PATIENT. The person who has been issued a current medical marijuana license from the state, and includes the caregiver who has been issued a license.

PERMIT. A current and valid permit for a commercial medical marijuana dispensary, grower, processor, and/ or transporter, which shall be granted to a permit holder only for and limited to a specific permitted premises and specific permitted property.

PERMIT HOLDER. The person that holds a current and valid permit issued under this chapter.

PERMITTED PREMISES. The particular building or buildings within which the permit holder will be authorized to conduct the business set forth in the permit.

PERMITTED PROPERTY. The real property comprised of a lot, parcel, or other designated unit of real property upon which the permitted premises is situated.

PERSON. A natural person, company, partnership, profit or non-profit corporation, trust, limited liability company, or any joint venture for a common purpose.

PROCESSOR. A person who has been issued a current processing license for medical marijuana by the state, through the State Department of Health.

PUBLIC PLACE. Any area in which the public is invited or generally permitted in the usual course of business.

TOWN. The Town of Fort Gibson, Oklahoma.

TRANSPORTER. A person who has been issued a current medical marijuana transportation license by the state, through the State Department of Health.

(Ord. 2018-010, passed 10-26-2018)

  1. The town hereby authorizes the operation of the following types of medical marijuana facilities, subject to the number of available permits issued in this section:
    1. Commercial grower;
    2. Medical marijuana dispensary;
    3. Medical marijuana processor; and
    4. Medical marijuana transporter.

    1. The number of commercial medical marijuana facility permits in effect at any time shall not exceed the following maximums within the town:
      1. Commercial grower: five;
      2. Medical marijuana dispensary: five;
      3. Medical marijuana processor: five; and
      4. Medical marijuana transporter: five.
    2. The Board of Trustees may review and amend these numbers by resolution annually or as it determines to be advisable.
  2. No person shall operate any commercial medical marijuana facility at any time or any location within the town unless a currently effective permit for that person at that location has been issued under this chapter.
  3. Commercial medical marijuana facilities shall operate only as allowed under this chapter.
  4. The requirements set forth in this chapter shall be in addition to, and not in lieu of, any other licensing or permitting requirements imposed by applicable federal, state, or local laws, regulations, codes, or ordinances.
  5. At the time of application, each applicant shall pay application fees, annual fees, renewal fees, and inspection fees for permits to the town to defray the costs incurred by the town for inspection, administration, and enforcement of the local regulations regarding commercial medical marijuana facilities. The Board of Trustees shall by resolution set the fees in an amount not to exceed any limitations imposed by state law.
  6. A permit and a renewal permit shall not confer any vested rights or reasonable expectation of subsequent renewal on the applicant or permit holder, and shall remain valid only until the July 1 immediately following its approval.
  7. Each year, any pending applications for renewal or amendment of existing permits shall be reviewed and granted or denied before applications for new permits are considered.
  8. It is the sole and exclusive responsibility of each permit holder or person applying to be a permit holder at all times during the application period and during its operation to immediately provide the town with all material changes in any information submitted on an application and any other changes that may materially affect any state license or its municipal permit.
  9. No permit issued under this chapter may be assigned or transferred to any person unless the assignee or transferee has submitted an application and all required fees under this chapter and has been granted a permit by the town. No permit issued under this chapter is transferable to any other location except for the permitted premises on the permitted property.
  10. The original permit issued under this chapter shall be prominently displayed at the permitted premises in a location where it can be easily viewed by the public, law enforcement, and administrative authorities.
  11. Acceptance by the permit holder of a permit constitutes consent by the permit holder and its owners, officers, managers, agents and employees for any state, federal or local law enforcement to conduct random and unannounced examinations of the facility and all articles of property in that facility at any time to ensure compliance with this ordinance, any other local regulations, and with the permit.
  12. A permit holder may not engage in any other commercial medical marijuana facility in the permitted premises or on the permitted property, or in its name at any other location within the town, without first obtaining a separate permit.
  13. No permit shall be granted or renewed for a commercial medical marijuana facility in a residence.

(Ord. 2018-010, passed 10-26-2018) Penalty, see § 112.99

In addition to the terms of this chapter, any commercial medical marijuana facility shall comply with all town ordinances, including without limitation, the town zoning ordinances, and with all other applicable federal, state, and local ordinances, laws, codes, and regulations. To the extent that the terms of this chapter are in conflict with the terms of any other applicable federal, state, or local ordinances, laws, codes, or regulations, the terms of the most restrictive ordinances, laws, codes, or regulations shall control.

(Ord. 2018-010, passed 10-26-2018) Penalty, see § 112.99

  1. Application. An application for a permit for a facility shall be submitted to the Town Clerk, and shall contain the following information:
    1. The name, address, phone number, and e-mail address of the proposed permit holder and the proposed commercial medical marijuana facility;
    2. The names, home addresses, and personal phone numbers for all owners, directors, officers, and managers of the permit holder and the commercial medical marijuana facility;
    3. One copy of the following:
      1. All documentation showing the proposed permit holder's valid tenancy, ownership, or other legal interest in the proposed permitted property and permitted premises. If the applicant is not the owner of the proposed permitted property and permitted premises, a notarized statement from the owner of such property authorizing the use of the property for a commercial medical marijuana facility;
      2. If the proposed permit holder is a corporation, non-profit organization, limited liability company, or any other entity other than a natural person, indicate its legal status, attach a copy of all company formation documents (including amendments), proof of registration with the state, and a certificate of good standing;
      3. A valid, unexpired driver's license or state issued ID for all owners, directors, officers, and managers of the proposed facility;
      4. Evidence of a valid sales tax license for the business if such a license is required by state law or local regulations;
      5. Application for sign permit, if any sign is proposed;
      6. Non-refundable application fee;
      7. Business and operations plan, showing in detail the commercial medical marijuana facility's proposed plan of operation, including without limitation, the following:
        1. A description of the type of facility proposed and the anticipated or actual number of employee;
        2. A security plan meeting the requirements of § 112.05 of this chapter, which shall include a general description of the security system(s), current centrally alarmed and monitored security system service agreement for the proposed permitted premises, and confirmation that those systems will meet state requirements and be approved by the state prior to commencing operations;
        3. A description by category of all products pertaining to the facility being permitted;
        4. A list of material safety date sheets for all nutrients, pesticides, and other chemicals proposed for use in the commercial medical marijuana facility;
        5. A description and plan of all equipment and methods that will be employed to stop any impact to adjacent uses, including enforceable assurances that no odor will be detectable from outside of the permitted premises; and
        6. A plan for the disposal of marijuana and related byproducts that will be used at the facility.
      8. An identification of any business that is directly or indirectly involved in the growing, processing, testing, transporting, or sale of marijuana for the facility;
      9. Whether any applicant has ever applied for or has been granted any commercial license or certificate issued by a licensing authority in the state or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renewed, and a statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or non-renewal, including the licensing authority, the date each action was taken, and the reason for each action;
      10. Signed and sealed (by state registered architect, surveyor, or professional engineer) site plan and interior floor plan of the permitted premises and the permitted property; and
      11. Information regarding any other commercial medical marijuana facility that the licensee is authorized to operate in any other jurisdiction within the state, or another state, and the applicant's involvement in each facility.
    4. Any other information reasonably requested by the town to be relevant to the processing or consideration of the application; and
    5. Information obtained from the applicant or proposed permit holder is not exempt from public disclosure under state law.
  2. Renewal application. Renewal applications shall require the Board of Trustees' approval, and shall be submitted to and received by the Town Clerk not less than 60 days prior to the expiration of the annual permit, except that an application requesting a change in location of the permitted premises shall be submitted and received not less than 90 days prior to the expiration of the permit. A permit holder whose permit expires and for which a complete renewal application has not been received by the expiration date, shall be deemed to have forfeited the permit under this chapter. The town will not accept renewal applications after the expiration date of the permit. The same requirements that apply to all new applications for permit apply to all renewal applications.
  3. Approval, issuance, denial, and appeal.
    1. All inspections, review, and processing of the application shall be completed within 90 days of receipt of a complete application and all required fees. The Board of Trustees shall approve or deny the permit within 120 days of receipt of the completed application and fees, or within 150 days if the location of the permitted premises is proposed to be amended. The processing time may be extended upon written notice by the town for good cause, and any failure to meet the required processing time shall not result in the automatic grant of the permit.
    2. Any denial must be in writing and must state the reason(s) for denial. Any final denial of a permit may be appealed to a court of competent jurisdiction; provided that, the pendency of an appeal shall not stay or extend the expiration of any permit.
    3. The town has no obligation to process or approve any incomplete application, and any times provided under this chapter shall not begin to run until the town receives a complete application, as determined by the Board of Trustees. A determination of a complete application shall not prohibit the town from requiring supplemental information.
  4. Applications for new permits where no building is as yet in existence. Any applicant for a commercial medical marijuana facility permit whose building is not yet in existence at the time of the town's initial approval shall have one year immediately following the date of the town's initial approval to complete construction of the building, in accordance with applicable zoning ordinances, building codes, and other applicable state or local laws, rules, or regulations, and to commence business operations.
  5. Duty to supplement.
    1. If, at any time before or after a permit is issued pursuant to this chapter, any information required in the permit application, the State Department of Health Regulations, or any rule or regulation promulgated thereunder, changes in any way from that which is stated in the application, the applicant or licensee shall supplement such information in writing within ten days from the date upon which such change occurs.
    2. An applicant or permit holder has a duty to notify the town in writing of any pending criminal charge, and any criminal conviction of a felony or other offense involving a crime of moral turpitude by the applicant, any owner, principal officer, director, manager, or employee within ten days of the event.
    3. An applicant or permit holder has a duty to notify the town in writing of any pending criminal charge, and any criminal conviction, whether a felony, misdemeanor, petty offense, or any violation of a local law related to the cultivation, processing, manufacture, storage, sale, distribution, testing, or consumption of any form of marijuana, the medical marijuana laws and regulations of the state, any building, fire, health or zoning statute, code, or ordinance related to the cultivation, processing, manufacture, storage, sale, distribution, testing, or consumption of any form of marijuana by the applicant, any owner, principal officer, director, manager, or employee within ten days of the event.

(Ord. 2018-010, passed 10-26-2018)

A commercial medical marijuana facility issued a permit under this chapter and operating in the town shall at all times comply with the following operational requirements, which the Board of Trustees may review and amend from time to time as it determines reasonable.

  1. Scope of operation. Commercial medical marijuana facilities shall comply with all respective applicable codes of local zoning, building, and health departments. The facility must hold a valid local permit and state commercial medical marijuana license for the type of commercial medical marijuana facility intended to be carried out on the permitted property. The facility operator, owner, or licensee must have documentation available for local and state sales tax requirements, including holding any licenses, if applicable, are satisfied.
  2. Required documentation. Each commercial medical marijuana facility shall be operated from the permitted premises on the permitted property. No commercial medical marijuana facility shall be permitted to operate from a movable, mobile, or transitory location, except for the permitted and licensed secure transporter when engaged in the lawful transport of marijuana. No person under the age of 18 shall be allowed to enter into the permitted premises without a parent or legal guardian.
  3. Security. Permit holders shall at all times maintain a security system that meets state law requirements, and shall also include the following:
    1. Security surveillance cameras installed to monitor all entrances, along with the interior and exterior of the permitted premises;
    2. Robbery and burglary alarm systems which are professionally monitored and operated 24 hours per day, seven days per week;
    3. A locking safe permanently affixed to the permitted premises that shall store all marijuana and cash remaining in the facility overnight;
    4. All marijuana in whatever form stored at the permitted premises shall be kept in a secure manner and shall not be visible from outside the permitted premises, nor shall it be grown, processed, exchanged, displayed, or dispensed outside the permitted premises; and
    5. All security recordings and documentation shall be preserved for at least seven days by the permit holder and made available to any law enforcement upon request for inspection.
  4. Operating hours. No medical marijuana dispensary shall operate between the hours of 12:00 a.m. (midnight) and 8:00 a.m.
  5. Required spacing. No commercial medical marijuana facility shall be located within 1,000 feet from any educational institution or school, whether public or private, church, house of worship or other religious facility, child daycare or public park, with the minimum distance required herein stated being measured from the nearest entrance door of such educational institution or school, church, house of worship or other religious facility, child daycare, or public park entrance in a straight line to the door or primary entrance of such commercial medical marijuana facility.
    1. Exception. Any commercial medical marijuana business existing or having filed for a business license to operate within the Town limits at the time of enactment of the Ordinance shall not be affected thereby and is hereby exempt from the requirements thereof.
  6. Amount of marijuana. The amount of marijuana on the permitted property and under the control of the permit holder, owner, or operator of the facility shall not exceed that amount permitted by the state license or the town's license, whichever is more restrictive.
  7. Sale of marijuana. The marijuana offered for sale and distribution must be packaged and labeled in accordance with state law. The facility is prohibited from selling, soliciting, or receiving orders for marijuana or marijuana products over the internet.
  8. Sign restrictions. No pictures, photographs, drawings, or other depictions of marijuana or marijuana paraphernalia shall appear on the outside of any permitted premises, nor be visible outside of the permitted premises on the permitted property. The words "marijuana", "cannabis" and any other words used or intended to convey the presence or availability of marijuana shall not appear on the outside of the permitted premises nor be visible outside of the permitted premises on the permitted property.
  9. Use of marijuana, alcohol, or tobacco. The sale, consumption, or use of alcohol or tobacco products on the permitted premises is prohibited. Smoking or consumption of controlled substances, including marijuana, on the permitted premises is prohibited.
  10. Indoor operation. All activities of commercial medical marijuana facilities, including without limitation, distribution, growth, cultivation, or the sale of marijuana, and all other related activity permitted under the permit holder's license or permit must occur indoors. The facility's operation and design shall minimize any impact to adjacent uses, including the control of any odor by maintaining and operating an air filtration system so that no odor is detectable outside the permitted premises.
  11. Unpermitted growing. A patient may not grow his or her own marijuana at a commercial medical marijuana facility.
  12. Distribution. No person operating a facility shall provide or otherwise make available marijuana to any person who is not legally authorized to receive marijuana under state law.
  13. Permits. All necessary building, electrical, plumbing, and mechanical permits must be obtained for any part of the permitted premises in which electrical, wiring, lighting, or watering devices that support the cultivation, growing, harvesting, or testing of marijuana are located.
  14. Waste disposal. The permit holder, owner, and operator of the facility shall use lawful methods in controlling waste or by-products from any activities allowed under the license or permit.
  15. Transportation. Marijuana may be transported by a secure transporter within the town under this chapter, and to effectuate its purpose, only:
    1. By persons who are otherwise authorized by state law to possess marijuana for medical purposes;
    2. In a manner consistent with all applicable state laws and rules, as amended;
    3. In a secure manner designed to prevent the loss of the marijuana;
    4. No vehicle used for the transportation or delivery of marijuana under this chapter shall have the markings the words "marijuana", "cannabis" or any similar words; pictures or renderings of the marijuana plant; advertisements for marijuana or for its sale, transfer, cultivation, delivery, transportation, or manufacture, or any other word, phrase, or symbol indicating or tending to indicate that the vehicle is transporting marijuana; and
    5. No vehicle may be used for the ongoing or continuous storage of marijuana, but may only be used incidental to, and in furtherance of, the transportation of marijuana.
  16. Additional conditions. The Board of Trustees of the town may impose such reasonable terms and conditions on a commercial medical marijuana facility special use as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of this chapter and applicable law.

Penalty, see § 112.99

HISTORY
Amended by Ord. 2023-014 on 3/27/2023

In addition to any other penalties or legal consequences provided under applicable federal, state, and local law, regulations, codes, and ordinances:

  1. Violations of the provisions of this chapter or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of the requirements of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $500, or imprisoned for not more than 90 days, or both, and in addition, shall pay all costs and expenses involved. Each day such violation continues shall be considered a separate offense;
  2. Violations of the provisions of this chapter or failure to comply with any of the requirements of this chapter shall be subject to and found responsible for a municipal civil infraction. The forfeiture for any municipal civil infraction shall be $500 plus court costs, attorney fees, and abatement costs of each violation, together with all other remedies pursuant to state law and regulations. Each day a violation continues shall be deemed a separate municipal civil infraction;
  3. The owner of record or tenant of any building, structure, or premises, or part thereof, and any architect, builder, contractor, agent, or person who commits, participates in, assists in, or maintains such violation may be found guilty or responsible of a separate offense and suffer the penalties and forfeitures provided in divisions (A) and (B) above, except as excluded from responsibility by state law; and
  4. In addition to any other remedies, the town may institute proceedings for injunction, mandamus, abatement, or other appropriate remedies to prevent, enjoin, abate, or remove any violations of this chapter. The rights and remedies provided herein are both civil and criminal in nature. The imposition of any fine, jail sentence, or forfeiture shall not exempt the violator from compliance with the provisions of this chapter.

(Ord. 2018-010, passed 10-26-2018)

113 Coin-Operated Amusement Devices
113 Pawnbrokers
113 Auctions And Auctioneers

113.01 Definitions
113.02 Licensing Requirements
113.03 Permit Requirements
113.04 Offenses

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COIN-OPERATED AMUSEMENT DEVICE. Any and all nongambling mechanical or electronic machines which, upon the payment or insertion of a coin, token, or similar object, provide music, amusement, or entertainment, including, but not limited to, such games as pool, phonographs, video television, shooting galleries, pinball, foosball, bowling, shuffleboard, or any other amusement device with or without a replay feature which can be legally shipped interstate according to federal law. It shall not mean vending machines used exclusively for the purpose of selling tangible personal property, such as cold drinks, tobacco products, candies, postage stamps, or other merchandise; or services, such as pay telephones, parking meters, gas and electric meters, or other distribution of needful service.

COIN-OPERATED MUSIC DEVICE. Any such music device which is operated, motivated, released, or played by or upon the payment or insertion of a coin, token, or similar object, whether there is one or more boxes or devices on the premises for the reception of such coin, token, or similar object. Coin-operated radio or television receiving sets in hotels, motels, or tourist cabins for the use and benefit of the guests and visitors of such hotels, motels, or tourist rooms or cabins shall be included in such definition.

MUSIC DEVICE. Any and all mechanical devices which render, cause to sound, or release music where the same may be heard by one or more public patrons, and each separate loudspeaker, phonograph, jukebox, or outlet from which such music emits shall each be construed to be a separate MUSIC DEVICE as herein defined; except in the case where the music emits from more than one speaker transmitting from the same music producing mechanism, in which case, the several outlets or speakers in each place of business shall be collectively considered one such MUSIC DEVICE.

(Prior Code, § 3-4-1)

  1. License fee required. Every person who owns and has available to any of the public for operation, or who permits to be operated in or on his or her place of business, any coin-operated music or amusement device shall pay for such privilege an annual license fee as follows:
    1. For each coin-operated radio or television receiving set in a hotel, motel, or tourist cabin;
    2. For each coin-operated music or amusement device that may be operated by penny coins only; and
    3. For each coin-operated music or amusement device other than those specified in divisions (A)(1) and (A)(2) above.
  2. Payment of fee; receipt posted. The annual license fee shall be paid to the town on or before January 1 of every year, and applicants shall keep a receipt therefor prominently posted in the immediate vicinity of the coin-operated music or amusement device.
  3. Permit required for license issuance. No license shall be issued for payment of the license fee unless the person shows proof to the town of purchase of a permit, as provided in this subchapter.
  4. Specific location. The annual license shall be for a specific location and shall only be valid at the location.
  5. Special license. In those instances where it is shown to the satisfaction of the town that a device, upon which a fee is in this subchapter levied, will be placed available for use by the public for a definite but limited period of time less than one year, such as where displayed in connection with fairs, carnivals, and places of amusement that operate only during certain seasons of the year, the town may issue a special license therefor. Such special license may be issued for any number of 30-day periods less than a full year, and shall indicate that it is a special license, and shall be for one or more 30-day periods and shall state the precise dates for which issued and shall not be transferred from one machine to another. The fee shall be computed and paid on the basis of one-tenth of the annual rate for the type of device licensed, for each 30-day period for which such special license is issued. In the event the mechanical device is made available to the public for a period beyond that for which the special license is issued, then a full year's fee shall be due.

(Prior Code, § 3-4-2) Penalty, see § 113.99

Cross-reference: Display of license, see § 110.10

  1. Permit required; rules and regulations. The town shall issue permits for the sale, distribution, or operation of one or more coin-operated amusement devices pursuant to the provisions of this subchapter and may adopt such rules and regulations as are necessary to implement such provisions.
  2. Qualifications of applicant. To obtain a permit to buy, sell, operate, distribute, or service a coin-operated amusement device, an applicant shall comply with the following requirements:
    1. Be a resident of the state for two years preceding the date of the application;
    2. Not be a convicted felon;
    3. Have obtained a state sales tax permit to be used exclusively to report the coin-operated amusement device income; and
    4. Be either an owner, partner, or area manager of a coin-operated amusement device business; however, if the applicant is an area manager, the application must be accompanied by a list of the Board of Directors of the coin-operated amusement device business.
  3. Permit fee. Any person required to obtain a permit under this subchapter shall pay an annual fee for such permit as set by the Board of Trustees for the operation of one coin-operated amusement device or for the sale or distribution of a coin-operated amusement device.
  4. Sales of devices. The seller of a coin-operated amusement device shall be required to purchase a distributor permit and may sell only to permit holders in accordance with this subchapter.

(Prior Code, § 3-4-3) Penalty, see § 113.99

  1. No permit. Failure to obtain a permit under the provisions of this subchapter shall constitute an offense, and each day's continuance thereof shall constitute a separate offense and shall render the violator ineligible to apply for a permit for two years from the date of conviction of a violation of this subchapter.
  2. Nonpayment of fees. The operation of any coin-operated music or amusement device without the payment of the license fee or permit fee as herein provided or the displaying of a receipt therefor as herein provided shall constitute an offense, and each day's continuance thereof shall be and constitute a separate offense.

(Prior Code, § 3-4-4) Penalty, see § 113.99

113.15 Regulatory Fee
113.16 Records, Tickets, And Reports
113.17 Inspections
113.18 Days And Hours Of Business

A regulatory fee in the amount of $25 shall be paid to the town upon the establishment of a pawnbroker business.

(Prior Code, § 3-6-1)

  1. Register kept; tickets issued. Every pawnbroker shall keep at his or her place of business a register in which he or she shall enter in writing a minute description of all property taken, purchased or received by him or her, including any number that may be in or upon any article, together with the time, name, and place of residence (giving street and number) of the person leaving the property, also the amount loaned, the interest charged, and the time when the loan falls due; which registry shall be kept clean and legible. He or she shall make such entry within one hour after the receipt or purchase of such property. Every entry shall be made in ink and shall not in any manner be obliterated or erased. To the person negotiating or leaving such property, he or she shall give a plainly written or printed ticket, having upon it a full and perfect copy of all the entries required to be kept in such register, for which copy no charge shall be made.
  2. Reports to police. It is the duty of every pawnbroker to make out and deliver to the Chief of Police, or any police officer upon demand, a legible and correct copy from the register of all personal property or other valuable things received or deposited or purchased, together with the time when received or purchased and a description of the person by whom left in pledge or from whom the same was purchased. No person shall be required to furnish such description of any property purchased from manufacturers or wholesale dealers having an established place of business or of any goods purchased at open sale or from any bankrupt stock, or from any other person having an established place of business, but such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase, and must be shown to any officer when demanded.

(Prior Code, § 3-6-2) Penalty, see § 113.99

The register required by this subchapter shall at all times be kept open to the inspection of the Chief of Police and County Sheriff or the deputy of either, any officer of the police force of the town, the Town Attorney and the District Attorney and anyone authorized in writing for that purpose by the Chief or Captain of the police force, which authority shall be exhibited to the pawnbroker. The pawnbroker shall, upon request, show and exhibit to such person or officer for inspection, any articles purchased, taken, or received by him or her.

(Prior Code, § 3-6-3) Penalty, see § 113.99

No pawnbrokers shall purchase, take, or receive on deposit, or in any other manner, from any person, any article of property between the hours 6:30 p.m. and 8:30 a.m., and all pawnbrokers shall remain closed all day on Sundays and legal holidays. Pawnbrokers may receive and purchase property up to 9:00 p.m. on Saturdays and Mondays, when such days are not legal holidays.

(Prior Code, § 3-6-4) Penalty, see § 113.99

113.30 Definition
113.31 License Or Permit Required
113.32 Qualification Of Licensee Or Permittee
113.33 Application For License Or Permit
113.34 Investigation Of Applicant; Issuance Or Denial Of License Or Permit
113.35 Prohibited Acts
113.99 Penalty

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

AUCTIONEER. Any person who sells or offers for sale any goods, wares, and merchandise at public auction for another on commission or for a recompense, or any person who shall conduct a public sale at auction of any goods, wares, and merchandise, irrespective of whether the goods sold or offered for sale are owned by another or the auctioneer.

(Prior Code, § 3-7-1)

No auction sale of any class of merchandise shall be held or conducted except by an auctioneer holding a license or permit as set forth and provided in and under the terms of this subchapter, and no auctioneer shall be employed in the conduct of any such sale until such party shall be licensed or have a permit as provided for under the terms of this subchapter.

(Prior Code, § 3-7-2) Penalty, see § 113.99

Any person applying for a license or permit must be over the age of 21 years.

(Prior Code, § 3-7-3) Penalty, see § 113.99

In addition to the qualifications otherwise prescribed in this subchapter, any person applying for a license or permit shall file with the designee of the Board of Trustees a written application therefor which will set forth under oath:

  1. That the applicant is over the age of 21 years;
  2. The name of the person owning the goods, wares, and merchandise that he or she sells at auction;
  3. The location of the place of business where such goods are to be sold at auction;
  4. The general nature or description of the goods to be sold;
  5. The period of time during which the auction is to be conducted; and
  6. Proof that the applicant possesses any applicable state license and sales tax permit.

(Prior Code, § 3-7-4) Penalty, see § 113.99

  1. Before any license or permit is issued, the application and endorsement provided in the preceding sections shall be submitted to the designee of the Board of Trustees for his or her inspection and approval. Unless the designee of the Board of Trustees shall find that the applicant has fully complied with the regulations provided for by this subchapter, it is his or her duty to disapprove such application, and the license or permit shall not be issued to the applicant.
  2. Before any license or permit is issued by the town to any person applying to act as auctioneer for the sale at auction of any type of merchandise, such applicant shall first comply with the provisions of this subchapter.
  3. Before any license or permit is issued, as provided in this subchapter, the applicant shall first pay a fee as set by the Board of Trustees.

(Prior Code, § 3-7-5) Penalty, see § 113.99

  1. False bidders or cappers.
    1. No false bidder, capper, or other person shall be employed by the owner of the merchandise being sold or by the auctioneer in charge thereof, or by any person acting in behalf of either, for the purpose of submitting false bids or fictitious bids in order to boost or increase the sale price of any article so offered for sale at auction, nor shall any false bidder or capper be permitted or allowed to take part in any such auction sale.
    2. It is unlawful for any auctioneer or auctioneer's helper or assistant to falsely or fraudulently represent or imply that a bid has been made for any article so offered at auction unless a bona fide bid has been made by some person in attendance at the auction sale and who is not a false bidder or capper.
  2. Substitution of merchandise. It is unlawful to substitute another article for and in place of the article sold to the purchaser.
  3. False representation of merchandise. False representation as to the ownership, source of acquisition, character, origin, manufacturer, nature, or quality of goods sold or offered for sale, or falsely representing goods to be bankrupt stock, damaged goods, or goods saved from fire, or false representation as to the previous history or character of goods shall be unlawful.

(Prior Code, § 3-7-6) Penalty, see § 113.99

  1. Any person who violates any provision of this chapter, for which no specific penalty is otherwise provided, shall be subject to the penalty provided in § 10.99 of this code.
  2. Any pawnbroker who is guilty of the violation of any provision of §§ 113.15 through 113.18, or who shall permit any employee in the course of such employment to be guilty of the violation of any provision hereof, shall be punishable as provided in § 10.99 of this code. (Prior Code, § 3-6-5)

    1. Any person, whether seller or auctioneer, auctioneer's helper or assistant, false bidder or capper, or owner of any stock of goods so offered for sale, who shall violate any of the provisions of §§ 113.30 through 113.35 shall, upon conviction for each offense, be punished as provided in § 10.99 of this code.
    2. Any party who is convicted of attempting to sell or selling at public auction any merchandise without first having secured a license or permit as provided for in this subchapter shall be fined as provided in§ 10.99 of this code, and each article so sold or offered to be sold shall constitute an offense.
    3. Upon conviction in the Municipal Court of the violation of any of the provisions of §§ 113.30 through 113.35, the license or permit issued to the party convicted shall immediately and automatically be thereby revoked, and all rights thereunder shall be deemed waived and terminated by the party to whom the license or permit has been issued.

(Prior Code, § 3-7-7)

114.01 Definitions
114.02 License Required
114.03 Application For License
114.04 Investigation Of Applicant; Issuance Or Denial Of License
114.05 Bond Requirements
114.06 Signed Document For Service Of Process
114.07 License Fee; Transferability Of License
114.08 Expiration Of License
114.09 Display Of License
114.10 Reports And Records
114.11 Loud Noises And Speaking Devices
114.12 Uninvited Soliciting Prohibited
114.13 Revocation Of License
114.14 Appeals
114.15 Enforcement
114.99 Penalty

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

TRANSIENT MERCHANT, ITINERANT MERCHANT, ITINERANT VENDOR, PEDDLER, SOLICITOR, or HAWKER. Any person, firm, or corporation, whether as owner, agent, consignee, or employee, whether a resident of the town or not, who engages in a temporary business of selling and delivering goods, wares, and merchandise within the town.

(Prior Code, § 3-5-1)

It is unlawful for a transient merchant, itinerant merchant or itinerant vendor, as defined in § 114.01 of this chapter, to engage in such business within the town without first obtaining a license therefor in compliance with the provisions of this chapter.

(Prior Code, § 3-5-2) Penalty, see § 114.99

Applicants for license under this chapter, whether a person, firm, or corporation, shall file a written sworn application signed by the applicant if an individual; by all partners, if a partnership; and by the president, if a corporation, with the Town Clerk, showing:

  1. The name or names of the person or persons having the management or supervision of applicant's business during the time that is proposed that it will be carried on in the town;
  2. The local address or addresses of such person or persons while engaged in such business;
  3. The permanent address or addresses of such person or persons;
  4. The capacity in which such person or persons will act (that is, whether as proprietor, agent, or otherwise);
  5. The name and address of the person, firm, or corporation for whose account the business will be carried on, if any;
  6. If a corporation, under the laws of the state wherein the same is incorporated;
  7. The fingerprints of the persons conducting applicant's business or, in lieu thereof, at least three letters of recommendation from reliable persons in the county, certifying as to the applicant's good character and business responsibility, or other evidence which establishes to the satisfaction of the Mayor the good character and business responsibility of such person or persons;
  8. The place or places in the town where it is proposed to carry on applicant's business, and the length of time during which it is proposed that the business shall be conducted;
  9. The place or places, other than the permanent place of business of the applicant, where applicant, within the six months next preceding the date of the application, conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;
  10. A statement of the nature, character, and quality of the goods, wares, or merchandise to be sold or offered for sale by the applicant in the town, the invoice value and quality of such goods, wares, and merchandise, whether the same are proposed to be sold from stock in possession, or from stock in possession and by sample; where the goods or property proposed to be sold are manufactured or produced, and where such goods or products are located at the time the application is filed;
  11. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and if required by the Town Clerk, copies of all the advertising, whether by handbills, circulars, newspaper advertising, or otherwise, shall be attached to the application as exhibits thereto;
  12. Whether or not the person or persons conducting the applicant's business have been convicted of a felony, the nature of such offense, and the punishment assessed therefor;
  13. Credentials from the person, firm, or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative;
  14. A copy of the current and valid state sales tax permit in the name of the applicant; and
  15. Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business or the method or plan of doing such business as the Town Clerk may deem proper to fulfill the purpose of this chapter in the protection of the public good.

(Prior Code, § 3-5-3)

  1. Upon receipt of such application, the Town Clerk shall cause such investigation of such person's business responsibility or moral character to be made as he or she deems necessary for the protection of the public good.
    1. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied.
    2. If, as a result of the investigation, the character and business reputation appear to be satisfactory, the Town clerk shall so certify in writing, and a license shall be issued by the Town Clerk.
  2. The Town Clerk shall keep a full record in his or her office of all licenses issued. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under the license, and the name or names of the person or persons authorized to carry on the same.

(Prior Code, § 3-5-4) Penalty, see § 114.99

  1. Before any license, as provided by this chapter, shall be issued for engaging in a transient or itinerant business in the town, a bond running to the town in the sum of $1,000 shall be executed by the applicant, as principal, and two sureties, upon which service of process may be made in the state.
  2. The bond shall be approved by the Town Attorney, conditioned that the applicant shall comply fully with all of the provisions of the ordinances of the town and the statutes of the state regulating and concerning the sale of goods, wares, and merchandise, and will pay all judgments rendered against the applicant for any violation of the ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against him or her by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether the misrepresentations or deceptions were made or practiced by the owners or by their servants, agents, or employees, either at the time of making the sale or through any advertisement of any character whatsoever printed or circulated with reference to the goods, wares, and merchandise sold or any part thereof.
  3. Action on the bond may be brought in the name of the town to the use of the aggrieved person. Such bond must be approved by the Town Attorney, both as to form, and as to the responsibility of the sureties thereon.

(Prior Code, § 3-5-5) Penalty, see § 114.99

Before any license, as herein provided, shall be issued for engaging in business in the town as an itinerant merchant, as herein defined, such applicant shall file with the Town Clerk an instrument nominating and appointing the Town Clerk, or the person performing the duties of such position, his or her true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the business transacted under the license and the bond given as required by § 114.05 of this chapter, or for the performance of the conditions of the bond or for any breach thereof. Said instrument shall also contain recitals to the effect that the applicant for the license consents and agrees that service of any notice or process may be made upon the agent and, when so made, shall be taken and held to be as valid as if personally served upon the person or persons applying for the license under this chapter, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the town clerk as herein provided, the Town Clerk shall send to the licensee at his or her last known address, by registered mail, a copy of the process.

(Prior Code, § 3-5-6)

Licensees under this chapter shall pay a fee as set by the Board of Trustees. No license shall be transferred without written consent from the Mayor as evidenced by an endorsement on the face of the license by the Town Clerk showing to whom the license is transferred and the date of the transfer.

(Prior Code, § 3-5-7)

All licenses issued under the provisions of this chapter shall expire 90 days after the date of issuance thereof unless a prior date is fixed therein.

(Prior Code, § 3-5-8)

  1. The license issued under this chapter shall be posted conspicuously in the place of business named therein. In the event that such person or persons applying for the license shall desire to do business in more than one place within the town, separate licenses may be issued for each place of business and shall be posted conspicuously in each place of business.
  2. Any agent of the licensee, when traveling door to door, shall carry upon his or her person the license, which shall be displayed when requested so to do by authorized persons.

(Prior Code, § 3-5-9) Penalty, see § 114.99

  1. Weekly reports. Every person conducting a business licensed under this chapter shall, on the first business day of each week, and upon discontinuance of business in the town, present to the Town Clerk, at his or her office, a verified statement showing the total sales made during the preceding week. The Clerk and any other officer designated by him or her shall have power and authority to enter any store, building, or any other place in which such temporary business may be conducted at any time during business hours for ascertaining the amount of sales made and shall at all times have access to the books of such business.
  2. Records kept. The Town Clerk shall deposit the record of fingerprints of licensee, together with a license number, with the Chief of Police. The Chief of Police shall report to the Town Clerk any complaints against any person licensed under the provisions of this chapter and any conviction for violation of this chapter. The Town Clerk shall keep a record of all such licenses and of such complaints and violations.

(Prior Code, § 3-5-10) Penalty, see § 114.99

No licensee under this chapter, nor anyone in his or her behalf, shall shout, make any outcry, blow a horn, ring a bell or buzzer or any other sound device, including any loudspeaking radio or amplifying system, upon any of the streets, alleys, parks, or other public places of the town or upon any private premises in the town where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys, or parks or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which such licensee proposes to sell.

(Prior Code, § 3-5-11) Penalty, see § 114.99

The practice of going in and upon private residences in the town by solicitors, peddlers, hawkers, itinerant merchants, and transient vendors of merchandise, not having been requested or invited to do so by the owner or occupant of the private residence, for the purpose of soliciting orders for the sale of goods, wares, and merchandise, or for the purpose of disposing of or peddling or hawking the same, is hereby declared to be a nuisance and punishable as such nuisance as a misdemeanor. Each uninvited visitation of private residences in the town for the purpose of soliciting orders for the sale of goods, wares, and merchandise or for the purpose of disposing of or hawking the same shall be deemed a separate offense.

(Prior Code, § 3-5-12) Penalty, see § 114.99

  1. Basis for revocation. The licenses issued pursuant to this chapter may be revoked by the Mayor of the town, after notice and hearing, for any of the following causes:
    1. Any fraud, misrepresentation, or false statement contained in the application for license;
    2. Any fraud, misrepresentation, or false statement made in connection with the selling of goods, wares, or merchandise;
    3. Any violation of this chapter;
    4. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or
    5. Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
  2. Notice of hearing. Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee, at his or her last known address, at least five days prior to the date set for the hearing.

(Prior Code, § 3-5-13)

  1. Right to appeal. Any person aggrieved by the decision of the Town Clerk in regard to the denial of application for license as provided for in § 114.04 of this chapter or in connection with the revocation of a license as provided for in § 114.13 of this chapter, shall have the right to appeal to the Board of Trustees.
  2. Filing appeal. Such appeal shall be taken by filing with the Board of Trustees within 14 days after notice of the decision by the Town Clerk has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal.
  3. Hearing; notice. The Board of Trustees shall set the time and place for a hearing on such appeal, and notice of such hearing shall be given to such person in the same manner as provided in § 114.13 of this chapter for notice of hearing on revocation.
  4. Decision of Board is final. The order of the Board of Trustees on such appeal shall be final.

(Prior Code, § 3-5-14)

It is the duty of the police officers of the town to examine all places of business and persons in their respective territories subject to the provisions of this chapter, to determine if this chapter has been complied with and to enforce the provisions of this chapter against any person found to be violating the same.

(Prior Code, § 3-5-15)

Any person, firm, or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in § 10.99 of this code.

(Prior Code, § 3-5-15)

115.01 Definitions
115.02 Permit Required
115.03 Application For Permit
115.04 Processing Fee
115.05 Contents Of Permit; Number Issued
115.06 Display Of Permit
115.07 Days And Hours Of Sale
115.08 Inclement Weather
115.09 Sale Of Personal Property Only
115.10 Advertising Signs
115.11 Nuisance Conditions
115.12 Revocation Of Permit
115.13 Exemptions From Provisions
115.99 Penalty

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GARAGE SALE. Any sale held out to be or commonly known as a garage, room, backyard, lawn, or patio sale, or any other type of general sale conducted from or on any premises not located in a zoning district which permits such sales, where goods or articles of any type are held out for sale to the public. This definition shall not include a situation where specific items are held out for sale, and all advertisements of such sale specifically name the items to be sold.

PERSONAL PROPERTY. Property which is owned, utilized, and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

(Prior Code, § 3-8-1) (Ord. 1997-7-3, passed 7-28-1997)

No garage sale shall be conducted unless and until the individuals desiring to conduct such sale shall obtain a permit therefor from the Town Clerk. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them. A separate permit shall be required for each location at which a garage sale is to be held.

(Prior Code,§ 3-8-2) (Ord. 1997-7-3, passed 7-28-1997) Penalty, see § 115.99

An application for a permit under this chapter shall be filed with the Town Clerk and shall contain the following:

  1. The full name and address of the applicant;
  2. The location at which the proposed garage sale is to be held;
  3. The date or dates upon which the sale shall be held; and
  4. Signature on the application that affirms that the property to be sold was owned by the applicant as his or her own personal property and was neither acquired nor consigned for the purposes of resale.

(Prior Code, § 3-8-3) (Ord. 1997-7-3, passed 7-28-1997) Penalty, see § 115.99

There shall be an administrative processing fee of $5 for the issuance of such permit.

(Prior Code, § 3-8-4) (Ord. 1997-7-3, passed 7-28-1997)

The permit shall set forth and restrict the time and location of the garage sale, and no more than four such permits may be issued to one residence and/or family household during any calendar year. If members of more than one residence join in requesting a permit, then such permit shall be considered as having been issued for each and all such residences.

(Prior Code, § 3-8-5) (Ord. 1997-7-3, passed 7-28-1997)

Any permit in possession of the holders of a garage sale shall be posted on the premises in a conspicuous place so as to be seen by the public.

(Prior Code, § 3-8-6) (Ord. 1997-7-3, passed 7-28-1997) Penalty, see § 115.99

Garage sales shall be limited to the daylight hours of three consecutive days.

(Prior Code, § 3-8-7) (Ord. 1997-7-3, passed 7-28-1997) Penalty, see § 115.99

If a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions, and an affidavit by the permit holder to this effect is submitted, the Town Clerk may issue another permit to the applicant for a garage sale to be conducted at the same location within 30 days from the date when the first sale was to be held. No additional permit fee is required.

(Prior Code, § 3-8-8) (Ord. 1997-7-3, passed 7-28-1997)

It shall be unlawful for any individual to sell or offer for sale, under authority granted by this chapter, property other than personal property.

(Prior Code, § 3-8-9) (Ord. 1997-7-3, passed 7-28-1997) Penalty, see § 115.99

  1. Number of signs. Not more than four signs used for the purpose of advertising a garage sale shall be allowed for each garage sale.
  2. Specifications and location.
    1. Signs shall be self-supporting, not more than two square feet, and placed a minimum of 12 feet inside the curb on the public easement of main and side streets, with the owner's consent.
    2. Signs or other devices shall not be placed on utility poles, trees, culverts, bridges, or any other structure being part of streets or roadways.
  3. Time for posting and removal.
    1. No sign shall be posted more than one day prior to the sale.
    2. Signs shall be removed by the person to whom the permit was issued within 48 hours of the last day of the sale.
  4. Contents. Signs must contain the dates of the sale and the permit number.

(Prior Code, § 3-8-10) (Ord. 1997-7-3, passed 7-28-1997) Penalty, see § 115.99

The individual to whom such permit is issued and the owner or tenant of the premises on which such sale is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale. No such individual shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such individuals shall obey the reasonable orders of any authorized town representative in order to maintain the public health, safety, and welfare.

(Prior Code, § 3-8-11) (Ord. 1997-7-3, passed 7-28-1997) Penalty, see § 115.99

A permit issued under this chapter may be revoked by the Town Clerk if the holder thereof violates any provision of this chapter or makes any false, fraudulent, or misleading statement in his or her permit application. A person whose permit has been revoked shall not be eligible to receive another permit under this chapter for a period of two years, subject to the approval of the Board of Trustees.

(Prior Code, § 3-8-12) (Ord. 1997-7-3, passed 7-28-1997)

The provisions of this chapter shall not apply to or affect persons acting pursuant to an order or process of a court of competent jurisdiction.

(Prior Code, § 3-8-13) (Ord. 1997-7-3, passed 7-28-1997)

Any person who violates any provision of this chapter, upon conviction, shall be punishable as provided in § 10.99 of this code. Every article sold and every day a sale is conducted in violation of this chapter shall constitute a separate offense.

(Prior Code, § 3-8-14) (Ord. 1997-7-3, passed 7-28-1997)

CHAPTER 130: GENERAL OFFENSES

130 Miscellaneous Offenses
130 Offenses Against Property
130 Offenses Against The Peace
130 Offenses Against Health, Welfare, And Morals
130.071 Truancy
130 Offenses Involving Liquor And Drugs
130 Offenses Against Public Authority
130 Unclaimed Property

130.001 Attempts To Commit An Offense
130.002 Aiding In An Offense

Every person who attempts to commit an offense against the ordinances of the town and, in such attempt, does any act toward the commission of such offense but fails or is prevented or intercepted in the perpetration thereof, is guilty of an offense and shall be punished in the manner prescribed for the attempted offense itself.

(Prior Code, § 5-6-1) Penalty, see § 130.999

When no punishment for counseling or aiding in the commission of a particular offense is expressly prescribed by ordinance, every person who counsels or aids another in the commission of such is guilty of an offense or misdemeanor and punishable in the same manner as the principal offender.

(Prior Code, § 5-6-2)

Cross-reference: Aiding in an offense, see § 10.99(B)

130.015 Petty Larceny
130.016 Taking Or Tampering With Vehicles
130.017 Damage To Property
130.018 Placing Signs On Property Of Another
130.019 Throwing Or Shooting Objects
130.020 Tampering With Or Damaging Public Utilities
130.021 Intrusion Upon Land Or Structures
130.022 Unlawful Entrance
130.023 Throwing Advertising On Public Ways
130.024 Throwing Injurious Substances
130.025 Trespass
130.026 Parking On Property Of Another
130.027 Tampering, Interfering With Hydrants

  1. Definition. PETTY LARCENY is the taking of personal property of value not exceeding $500 accomplished by fraud or stealth and with intent to deprive another thereof, but it does not include the taking of such property from the "person" of another.
  2. Prohibition. Petty larceny is unlawful, and any person who commits larceny shall be guilty of a misdemeanor.

(Prior Code, § 5-6A-l) Penalty, see § 130.999

It is unlawful for any person to start, otherwise meddle with, molest, enter, occupy, loiter in, or injure any automobile or other vehicle belonging to another, without the consent of the owner or person in charge thereof.

(Prior Code, § 5-6A-2) Penalty, see § 130.999

  1. Prohibited generally. It is unlawful for any person to destroy, injure, deface, any structure, building, outbuilding, fence, or any other property, real or personal, public or private, belonging to another; or to use any such property wrongfully to the detriment of the owner or other person entitled to its use; or to interfere wrongfully with the use of any such property by its owner or any other person entitled to its use.
  2. Park property. It is unlawful for any person to willfully and without authority cut, pull, pluck or otherwise injure any flowers, flowering plants, shrubs, or trees growing in or around any park or public street within the town, or willfully or without authority to tear down, remove, cut or otherwise injure or destroy any gate or fence enclosing any such park or ground, or willfully injure or destroy any stand, bench, seat, or other property situated upon such park or ground. Any person violating this division (B), upon conviction, shall be deemed guilty of an offense.
  3. Public ways; trees and shrubs.
    1. It is unlawful for any person to:
      1. Willfully or wantonly cut, deface, or in any way injure any tree or sapling standing or growing in any of the streets, alleys, or public places within the town;
      2. Attach any guy wires, telephone, telegraph, or electric wire, or any other wire to any live tree;
      3. Dig any hole, ditch, or trench in any public street, road, avenue or alley, or any other public premises or ground within, belonging to, or under the supervision or control of the town otherwise than in compliance with §§ 93.025 through 93.033 of this code;
      4. Take or remove any dirt, earth, or any substance from any street, road, alley, or other public place in the town, or to cut, break, or otherwise injure any pavement, curb or gutter therein otherwise than in compliance with §§ 93.025 through 93.033 of this code; or
      5. Connect any driveway to any street or other public place without first securing permission from the Board of Trustees so to do.
    2. Any such digging, removing, or driveway connection shall be done under the supervision of the town.

(Prior Code, § 5-6A-3) Penalty, see § 130.999

It is unlawful for any person to place, stick, tack, paste, post, paint, mark, write, or print any sign, poster, picture, announcement, advertisement, bill, placard, device, or inscription upon any public or private building, fence, sidewalk, bridge, viaduct, post, automobile, other vehicle or other property of another without the consent of the owner or person in charge thereof.

(Prior Code, § 5-6A-4) Penalty, see § 130.999

It is unlawful for any person to throw or shoot any stone, shot, or other object into or across any street or alley, or in any place where he or she is likely to hit another person wrongfully or to injure property, or to throw or shoot any stone, shot, or other object at any person, vehicle, structure, electric light, or other property of another (whether public or private), except in the case where such is done in defense of oneself, of another person, or of property.

(Prior Code, § 5-6A-5) Penalty, see § 130.999

It is unlawful for any person to connect or attach any kind of pipe, wire, or other contrivance to any pipe, line, wire, or other conductor carrying gas, water, or electricity and belonging to a public utility (whether publicly or privately owned), in such a manner as to enable the person to consume or use the gas, water, or electricity without it passing through the meter or any other way so as to evade payment therefor. It is also unlawful for any person to damage, molest, tamper with, or destroy any pipe, line, wire, meter, or other part of any public utility, including any telegraph or telephone system.

(Prior Code, § 5-6A-6) Penalty, see § 130.999

It is unlawful for any person to intrude or squat upon any lot or piece of land within the town without a license or authority from the owner thereof, or to erect or occupy thereon any hut, hovel, shanty, or other structure without such license or authority, or to place, erect, or occupy within the bounds of any street, alley, or avenue of the town, any hut, shanty, hovel, or other structure without authority of law or ordinance.

(Prior Code, § 5-6A-7) Penalty, see § 130.999

  1. It is illegal for any person to enter upon the property of another or into an area or structure on such property (whether such property, area, or structure is public or private), when such entrance is plainly forbidden by signs or any notice or when the property, area, or structure is enclosed, except when such entrance is in line of duty, or with the expressed or tacit consent of the owner or person in charge, or otherwise by authority of law or ordinance.
  2. It is unlawful for any person to remain on the property of another after having been given notice, written or verbal, to leave by the owner or person in charge.

(Prior Code, § 5-6A-8) Penalty, see § 130.999

It is unlawful for any person to throw, leave, or deposit, or cause to be thrown, left, or deposited, upon any street, alley, sidewalk, or other public area, any handbill, circular, or other advertising matter.

(Prior Code, § 5-6A-9) Penalty, see § 130.999

It is unlawful for any person to purposely or premeditatedly put or throw upon the person or property of another, or on any animal, any acid, corrosive or other irritating or harmful substance, or human or animal waste or urine, with intent to injure or harass the person, property, or animal.

(Prior Code, § 5-6A-10) Penalty, see § 130.999

  1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    PRIVATE PROPERTY. Any property other than public property.

    PUBLIC PROPERTY. Property which is dedicated to public use and over which the federal, state, or municipal government or any subdivision thereof exercises control.

    TRESPASS. Each and every actual entry upon the premises of an owner or other person in lawful possession of the premises without the express or the implied consent of the owner or other person in lawful possession.
    1. TRESPASS shall also mean remaining upon the premises of an owner or other person in lawful possession after having been told to leave the premises by the owner, or the agent, or employee of the owner, or other person in lawful possession of the premises.
    2. TRESPASS shall also be defined as the act of remaining on private property at any time other than during posted hours of business operation after having been directed to vacate such premises by a police officer. The provisions of this definition shall not apply to persons, including employees, whose presence upon such premises is authorized by the owner or by a person in lawful possession of such premises, nor shall the provisions of this definition apply unless hours of business operations are posted upon such premises.
    3. TRESPASS shall also be defined as the act of returning to private property before the posted time of opening for business operation on the next business day after having been directed to vacate such premises under the terms of this definition.
  2. Trespass prohibited. It is unlawful for any person to trespass on private property.

(Prior Code, § 5-6A-11) Penalty, see § 130.999

It is unlawful for any person to park an automobile or other vehicle, or to place any structure or object on the driveway, yard, or property of another without the expressed or tacit consent of the owner or person in charge or by authority of law or ordinance.

(Prior Code, § 5-6A-12) Penalty, see § 130.999

Cross-reference: Parking restrictions, see § 71.02

  1. It is unlawful for any person, except one duly authorized by the town utility personnel or a member of the Fire Department, to open, turn on or off, interfere with, attach any pipe or hose to, or connect anything with, any fire hydrant or stop cock belonging to the town.
  2. It is unlawful for any person to obstruct access to any fire hydrant by placing around or thereon brick, lumber, dirt, or other thing, or in any other manner obstructing access to a fire hydrant.

(Prior Code, § 5-6A-13) Penalty, see § 130.999

130.040 Assault And Battery
130.041 Disturbing The Peace
130.042 Noisy Conditions
130.043 Insulting Signs, Literature, Or Language
130.044 Fireworks
130.045 Weapons
130.046 Disorderly Conduct

  1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    ASSAULT. Any intentional, willful, or unlawful attempt or offer with force or violence to do a corporal hurt to another.

    BATTERY. Any intentional, willful, or unlawful use of force or violence upon the person of another, or by making any physical contact with another without consent.
  2. Prohibition. It is unlawful to commit an assault or an assault and battery within the jurisdiction of the town. Any person committing an assault or an assault and battery within the jurisdiction of the town shall be guilty of an offense.

(Prior Code, § 5-6B-1) Penalty, see § 130.999

It is unlawful to disturb or alarm the peace of another or others by doing any of the acts set out in this section. DISTURBING THE PEACE is the doing of any of the following in such a manner as would foreseeably alarm or disturb the peace of another or others:

  1. Using obscene, offensive, abusive, profane, vulgar, threatening, violent, or insulting language or conduct;
  2. Appearing in an intoxicated condition;
  3. Engaging in a fistic encounter;
  4. Lewdly exposing one's person, or private parts thereof, in any public place or in any place where there are present other persons to be offended or annoyed thereby;
  5. Pointing any pistol or any other deadly weapon, whether loaded or not, at any other person or persons either in anger or otherwise;
  6. Holding an unlawful assembly of three or more persons, including being assembled together and acting in concert, to do any unlawful act against the peace, or to the terror of others or preparing for or moving toward such acts, or otherwise assembling unlawfully or riotously;
  7. Interrupting any lawful assembly of people by making noise, by rude, indecent or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of assembly or within hearing distance thereof;
  8. Making unnecessarily loud, offensive noises;
  9. Disturbing any congregation or assembly of persons meeting for religious worship by making noise, by rude, indecent, or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of worship or within hearing distance thereof; or
  10. Committing any other act in such a manner as to unreasonably disturb or alarm the public.

(Prior Code, § 5-6B-2) Penalty, see § 130.999

  1. Prohibited generally. It is unlawful for any person to disturb the peace and quietude of any part of the town by operating, having operated, or permitting to be operated, any contrivance, whether electric or not, any motor vehicle, or any other device, with or without a loudspeaker, in such a manner as to emit loud music, noise, or words. However, this section shall not prohibit religious bodies from playing chimes, bells, carillons, or other religious music.
  2. Sound amplification systems in vehicles. Loud sound amplification systems are prohibited as follows.
    1. Definitions. For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      PLAINLY AUDIBLE. Any sound produced by a sound amplification system from within the vehicle which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses. Words or phrases need not be discernible, and base reverberations are included. The motor vehicle may be stopped, standing, parked, or moving on a street, highway, alley, parking lot, or driveway.

      SOUND AMPLIFICATION SYSTEM. Any radio, tape player, compact disc player, loudspeaker, or other electronic device used for the amplification of the human voice, music and/or sound.
    2. Sound amplification restricted. No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.
    3. Affirmative defense. It is an affirmative defense to a charge under this division (B) that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
      1. The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
      2. The vehicle was an emergency or public safety vehicle;
      3. The vehicle was owned and operated by the town or a public or private utility company; or
      4. The vehicle was used in authorized public activities, such as parades, fireworks, sports events, or other activities which have been approved by the appropriate town official or the Board of Trustees.

(Prior Code, § 5-6B-3) (Ord. 1996-4-4, passed 4-23-1996) Penalty, see § 130.999

  1. It is unlawful for any person, firm, or corporation within the town to display any sign, emblem, badge, flag, or device, which, in its common acceptance, is insulting, profane, or abusive to the citizens of the town, and which is calculated, or of which the natural consequence is, to cause a breach of the peace or an assault.
  2. It is unlawful for any person to willfully use, utter, publish, circulate, or distribute any profane, violent, abusive, or insulting language or literature where:
    1. A natural consequence of the language or literature is to cause a breach of the peace or an assault; or
    2. The language or literature, in its common acceptance, is calculated to cause a breach of the peace or an assault.

(Prior Code, § 5-6B-4) Penalty, see § 130.999

  1. Definition. For the purpose of this section, FIREWORKS shall have the meaning prescribed by 68 O.S. § 1622, and any amendment thereto.
  2. Sale of fireworks.
    1. The purchase or sale of fireworks at retail within the corporate limits of the town is hereby permitted.
    2. The sale of fireworks is only authorized between June 15 and July 6 and from December 15 through January 2 per 68 O.S. § 1623(A).
  3. Discharge of fireworks.
    1. State law to govern. State laws and the town fire code governing discharge of fireworks shall be fully applicable in the town and enforceable as offenses against the town.
    2. Days and hours. Discharge of fireworks within the town shall be limited to the hours of 9:00 a.m. to 11 :00 p.m. from June 15 to July 6; and from the hours of 9:00 a.m. to 11:00 p.m. December 15 through January 2; except for New Year's Eve, fireworks may be discharged to 12:30 a.m. on January 1.

(Prior Code, § 5-6B-5) (Ord. 2002-0004, passed 6-25-2002; Ord. 2015-004, passed 6-8-2015) Penalty, see § 130.999

Cross-reference: Fire code, see §§ 34.070 through 34.074

  1. Concealed weapons. It is unlawful for any person to carry concealed upon or about his or her person any pistol, revolver, dagger, bowie knife, dirk knife, switchblade knife, spring type knife, metal knuckle, or any other dangerous or deadly weapon or instrument except when doing so in line of duty or as may be permitted by law.
  2. Reckless conduct while in possession of weapons. It is unlawful for any person to engage in reckless conduct while having in his or her possession any shotgun, rifle, or pistol, such actions consisting of creating a situation of unreasonable risk and probability of death or great bodily harm to another, and demonstrating a conscious disregard for the safety of another person.
  3. Discharging weapons.
    1. Firearms. No person shall discharge any species of firearm in the town except when doing so in the line of duty, when lawfully doing so in defense of oneself, of another person, or of property, or when otherwise authorized by law or ordinance.
    2. Air rifles; BB guns. It is unlawful to discharge an air rifle or BB gun in the town.

(Prior Code, § 5-6B-6) Penalty, see § 130.999

A person shall be guilty of disorderly conduct if, with the intent to cause public disturbance, disorder, alarm, or recklessly creating the risk thereof, he or she:

  1. Acts in a violent or tumultuous manner toward another whereby any person is placed in fear of safety of his or her life, limb, or health;
  2. Acts in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged;
  3. Endangers the lawful pursuits of another by acts of violence, angry threats, and abusive conduct;
  4. Jostles or crowds or pushes any person in any public place;
  5. Uses fighting words directed toward any person and thus creates a turmoil;
  6. Causes, provokes, or engages in any fight, brawl, or riotous conduct so as to endanger the life, limb, health, or property of another; or
  7. By acts of violence interferes with another's pursuit of a lawful occupation.

(Prior Code, § 5-6B-7) (Ord. 2009-003, passed 2-23-2009) Penalty, see § 130.999

130.060 Prostitution
130.061 Disorderly Houses
130.062 Nudity; Improper Dress; Indecent Exposure
130.063 Obscenity
130.064 Gambling
130.065 Vagrancy
130.066 Begging
130.067 Sleeping In Public; Curfew
130.068 Curfew For Minors
130.069 Harmful Deception
130.070 Fraud

  1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    LETTING PREMISES FOR PROSTITUTION. The granting of the right of use or the leasing of any premises, knowing that they are to be used for the practice of prostitution, or allowing the continued use of the premises with that knowledge.

    PROSTITUTION. The giving of the body for sexual intercourse or sodomy for hire or money.

    SOLICITING FOR PROSTITUTES. The soliciting, inviting, inducing, directing, or transporting of a person to any place with the intention of promoting prostitution.
  2. Prohibitions. It is unlawful for any person to:
    1. Be a prostitute;
    2. Solicit, entice, or procure another to commit or engage in any act of prostitution;
    3. Engage in any act of prostitution;
    4. Knowingly let premises for purposes of prostitution;
    5. Conduct a business or premises for prostitution; or
    6. Be a party to an act of prostitution or solicitation of prostitution in the limits of town.

(Prior Code, § 5-6C-1) Penalty, see § 130.999

  1. Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

    DISORDERLY HOUSE. Any structure or vehicle by which the peace, comfort, health, welfare, or decency of the public is disturbed by reason of the people therein committing or resorting to any of the following acts:
    1. The sale, distribution, possession, or use of any controlled dangerous substance, the sale, distribution, possession, or use of which is declared unlawful by state statute;
    2. The violation of any of the ordinances of the town or statutes of the state regulating the sale, distribution, possession, or use of alcoholic beverages including low point beer containing more than 0.5% alcohol by volume and not more than 3.2% alcohol by weight;
    3. The performance of any sexual act declared unlawful by state statute or town ordinance including, but not limited to, soliciting for purposes of prostitution; or
    4. The violation of any state statute or town ordinance prohibiting gambling.
  2. Maintaining or leasing a disorderly house.
    1. No person shall keep or maintain, or aid, abet, or assist in keeping and maintaining, a disorderly house.
    2. No owner, lessee, lessor, or other person, partnership, or corporation having control over any house, building, structure, tent, vehicle, mobile home, or recreational vehicle shall knowingly use, lease, sublease, or otherwise permit the use of same for the purpose of keeping therein any disorderly house, and knowing or ascertaining that such house, building, structure, tent, vehicle, mobile home, or recreational vehicle is so occupied as a disorderly house, and no person, partnership, or corporation shall continue to grant permission to so use such premises as a disorderly house.
  3. Residents and visitors to disorderly house. No person shall knowingly reside in, enter into, or remain in a disorderly house. In any prosecution for violation of this division (C), the town shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence. This division (C) shall not apply to physicians or officers in the discharge of their professional or official duties.

(Prior Code, § 5-6C-2) Penalty, see § 130.999

It is unlawful for any person to:

  1. Appear in any public place in the town in a state of nudity;
  2. Appear in any public place in the town in any offensive, indecent, or lewd dress; or
  3. Make an indecent public exposure of his or her person.

(Prior Code, § 5-6C-3) Penalty, see § 130.999

  1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    AVAILABLE TO THE PUBLIC. The matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance.

    DISSEMINATE. To transfer possession of, with or without consideration.

    KNOWINGLY. Being aware of the character and the content of the material.

    MATERIAL. Any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical, or electrical reproduction or any other articles, equipment, or machines.

    NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.

    OBSCENE. To the average person applying contemporary community standards:
    1. The predominant appeal of the matter, taken as a whole, is to prurient interest, i.e., shameful or morbid interest in sexual conduct, nudity, or excretion;
    2. The matter depicts or describes in a patently offensive manner sexual conduct regulated by 21 O.S.; and
    3. The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
    PERFORMANCE. Any preview, play, show, skit, film, dance, or other exhibition performed before an audience.

    PERSON. Any individual, partnership, firm, association, corporation, or other legal entity.

    PROMOTE. To cause, permit, procure, counsel, or assist.

    SERVICE TO PATRONS. The provision of services to paying guests in establishments providing food and beverages, including, but not limited to, hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waitering and waitressing, and entertaining.
  2. Obscene conduct prohibited.
    1. It is unlawful for any person to:
      1. Knowingly disseminate, sell, offer for sale, publish, display, distribute, make available to the public, or buy any obscene material;
      2. Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or exhibition utilizing displays, circulars, advertisements, and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal;
      3. Knowingly engage or participate in any obscene performance made available to the public; or
      4. Provide service to patrons in such a manner as to expose to public view:
        1. His or her genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region;
        2. Any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region, or pubic hair region;
        3. Any portion of the female breast at or below the areola thereof; or
        4. Knowingly promote the commission of any of the above listed unlawful acts.
    2. Each complete or partial display or other material exhibition of any motion picture film or other material shall be deemed to constitute a separate offense.
  3. Exemptions from provisions. The provisions of this section shall not apply to a projectionist, assistant projectionist, usher, or cashier, provided such person has no financial interest in the motion picture theater so long as that person is not acting as director or manager of the theater.

(Prior Code, § 5-6C-4) Penalty, see § 130.999

  1. Gambling prohibited.
    1. It is unlawful for any person, firm, or corporation, or agent or employee thereof, to do any of the following:
      1. To play, to open or cause to be opened, or to operate, carry on, or conduct, whether for hire or not, any game of faro, monte, poker, roulette, craps, any banking, percentage, or other game played with dice, cards, or any device, for money, checks, chips, credit, or any other thing of value;
      2. To set up, operate, or permit to be operated, any slot machine or other device whatsoever where money, checks, chips, credit, or any other things of value are played, when the act of playing the same might result in a gain or loss to the party playing;
      3. To gamble knowingly in any other manner; or
      4. To knowingly permit his or her premises, houses, lot, or other property to be used in connection with, or for, any act declared unlawful in this section.
    2. It is unlawful and an offense against the town for any person to play any roulette wheel or slot machine or any other device or machine wherein the element of chance is involved by losing or winning money, credits, checks, or any other representatives of value.
  2. Frequenting premises where gambling occurs. It is unlawful for any person to be about in the immediate vicinity where a person is gambling, whether by playing games, operating a slot machine or other device, or otherwise.

(Prior Code, § 5-6C-5) Penalty, see § 130.999

It is unlawful to be a vagrant in the limits of the town. For the purposes of this section, a VAGRANT means any person who loiters or remains in or wanders about a public or private place for any of the following purposes:

  1. Gambling with cards, dice, or other gambling paraphernalia;
  2. Engaging in prostitution or soliciting prostitution or soliciting for an act of lewdness;
  3. Engaging in theft, or breaking and entering any building, property, or automobile of another;
  4. Injuring, destroying, molesting, or defacing any property of another;
  5. Assaulting any person;
  6. Begging or soliciting alms; provided, that this section shall not apply to persons soliciting alms for bona fide religious, charitable, or eleemosynary organizations with the authorization of such organizations; or
  7. Selling, purchasing, trading, or otherwise exchanging, procuring, or making available illegal drugs or contraband.

(Prior Code, § 5-6C-6) Penalty, see § 130.999

It is unlawful for any person to beg alms for any person, organization, or agency except an organization or agency, public or private, whose purpose or one of whose purposes is to aid persons in need.

(Prior Code, § 5-6C-7) Penalty, see § 130.999

It is unlawful for any person, between the hours of 12:00 midnight and 6:00 a.m., to sleep on any street, in any other public place, or on any property of another without the express or tacit consent of the owner or person in charge of such place.

(Prior Code, § 5-6C-8) Penalty, see § 130.999

  1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    CUSTODIAN. Any person over the age of 21 years who is in loco parentis to a minor.

    GUARDIAN. Any person other than a parent who has legal guardianship of a minor.

    MINOR. Any person under the age of 18.

    PARENT. The natural or adoptive parent of a minor.

    PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground, or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A PUBLIC PLACE shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, pool room, shopping center, and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
  2. Age and hour restrictions. It is unlawful for any minor to remain, wander, stroll, or play in any public place on foot or to cruise about without a set destination in any public place in the town between 12:00 midnight Friday, and 5:00 a.m. Saturday; between 12:00 midnight Saturday, and 5:00 a.m. Sunday; between 10:00 p.m. on Sunday through Thursday, inclusive, and 5:00 a.m. the following day, unless:
    1. The minor is accompanied by a parent, guardian, custodian, or other adult person having custody or control of such minor;
    2. The minor is on an emergency errand or specific business or activity directed or permitted by his or her parent, guardian, or other adult person having the care and custody of the minor; or
    3. Where the presence of such minor is connected with or required by some legitimate employment, trade, profession, or occupation.
  3. Allowing curfew violations. It is unlawful for any person, firm, or corporation, operating or having charge of any public place, to knowingly permit or suffer the presence of minors between the hours of curfew designated in division (B) above.
  4. Responsibility of parent or guardian; exemptions. It is unlawful for any parent, guardian, custodian, or other adult person having custody or control of any minor to suffer or permit or by inefficient control to allow such person to be on any public place in the town between the hours of curfew designated in division (B) above. The provisions of this division (D) do not apply if:
    1. The minor is accompanied by a parent, guardian, custodian, or other adult person having the care, custody, or control of the minor;
    2. The minor is on an emergency errand or specific business or activity directed by his or her parent, guardian, custodian, or other adult having the care and custody of the minor; or
    3. The parent, guardian or other adult person herein has made a missing person notification to the Police Department.
  5. Special events. The Board of Trustees may permit by resolution or motion procedures for advance notice or registration with the town of special events or functions sponsored by churches, schools, clubs, or other organizations which require minors to be out at a later time. The Board of Trustees may also prescribe the procedures for taking into custody minors found in violation of this section.

(Prior Code, § 5-6C-9) (Ord. 2001-2-02, passed 2-26-2001) Penalty, see § 130.999

It is unlawful for any person knowingly to deceive another, whether by impersonation, misrepresentation, or otherwise, when such deception results in or contributes to the loss, damage, harm, or injury of the person deceived or of a third party, or results in or contributes to the benefit of the deceiver.

(Prior Code, § 5-6C-10) Penalty, see § 130.999

  1. False or bogus checks.
    1. It is unlawful for any person, with intent to cheat and defraud, to obtain or attempt to obtain from any person, firm, or corporation, any money, property, or valuable thing of the value of $50 or less by means of any false or bogus check or by any other written or printed or engraved instrument or spurious coin.
    2. The term FALSE OR BOGUS CHECK OR CHECKS shall include checks or orders which are not honored on account of insufficient funds of the maker to pay same or because the check or order was drawn on a closed account or on a nonexistent account when such checks or orders are given in exchange for money or property, in exchange for any benefit or thing of value or as a down payment for the purchase of any item of which the purchaser is taking immediate possession, as against the maker or drawer thereof.
    3. The making, drawing, uttering, or delivering of a check, draft, or order, payment of which is refused by the drawee shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in, or credit with, such bank or other depository; provided, such maker or drawer 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 said check or order is presented for payment within 30 days after same is delivered and accepted.
  2. Swindling. It is unlawful to get money or property from any other person or business under false pretenses, deception, cheating, or by any other fraudulent act.

(Prior Code, § 5-6C-11) Penalty, see § 130.999

130.071 NEGLECT OR REFUSAL TO COMPEL CHILD TO ATTEND SCHOOL; EXCEPTIONS.

Section 1:

A. It shall be unlawful for a parent, guardian, or other person having custody of a child who is over the age of five years and under the age of 18 years to neglect or refuse to cause or compel such child to attend and comply with the rules of some public, private, or other school, unless other means of education are provided for the full term the schools of the district are in session, or the child is excused as provided in this section. One day of kindergarten shall be required each day of all children five years of age or older unless the child is excused from kindergarten attendance as provided in this section. A child who is five years of age shall be excused from kindergarten attendance until the next school year after the child is six years of age if a parent, guardian, or other person having custody of the child notifies the superintendent of the district where the child is a resident by certified mail prior to enrollment in kindergarten, or at any time during the first school year that the child is required to attend kindergarten pursuant to this section, of election to withhold the child from kindergarten until the next school year after the child is six years of age. B. Provided, that this section shall not apply: 1. If any such child is prevented from attending school by reason of mental or physical disability, to be determined by the board of education of the district upon a certificate of the school physician or public health physician, or, if no such physician is available, a duly licensed and practicing physician;

2. If any such child is excused from attendance at school, due to an emergency, by the principal teacher of the school in which such child is enrolled, at the request of the parent, guardian, custodian or other person having control of such child;

3. If any such child who has attained his or her 16th birthday is excused from attending school by written, joint agreement between:

a. The school administrator of the school district where the child attends school; and

b. The parent, guardian or custodian of the child. Provided, further, that no child shall be excused from attending school by such joint agreement between a school administrator and the parent, guardian or custodian of the child unless and until it has been determined that such action is for the best interest of the child and/or the community, and that said child shall thereafter be under the supervision of the parent, guardian or custodian until the child has reached the age of 18 years; or

4. If any such child is excused pursuant to subscription (c) of this section. C. A school district shall excuse a student from attending school for the purpose of observing religious holy days if, before the absence, the parent, guardian, or person having custody or control of the student submits a written request for the excused absence. The school district shall excuse a student pursuant to this subsection for the days on which the religious holy days are observed and for the days on which the student must travel to and from the site where the student will observe the holy days.

1. If any child is excused from attending school for the purpose of participating in a military funeral honors ceremony upon approval of the school principal; or

2. If any child is excused from attending school for the purpose of receiving speech therapy, occupational therapy, or any other service related to the child’s individualized education program developed pursuant to the individuals with Disabilities Education Act and the parent, guardian, or other person having custody or control of the child submits a written request for the excused absence. The school district shall excuse the child pursuant to this subsection upon receipt of documentation from the provider of the therapy or other service. D. It shall be the duty of the school to enforce the provisions of this section. In the prosecution of a parent, guardian, or other person having custody of a child for violation of any provision of this section, it shall be an affirmative defense that the parent, guardian, or other person having custody of the child has made substantial and reasonable efforts to comply with the compulsory attendance requirements of this section but is unable to cause the child to attend school. If the court determines the affirmative defense is valid, it shall dismiss the complaint against the parent, guardian, or other person having custody of the child and shall notify the school attendance officer who shall refer the child to the district attorney for the county in which the child resides for the filing of a Child in Need of Supervision petition against the child pursuant to the Oklahoma Juvenile Code. E. Any parent, guardian, custodian, child, or other person violating any of the provisions of this section, upon conviction, shall be guilty of a misdemeanor, and shall be punished as follows:

1. For the first offense, a fine not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00). 2. For the second offense, a fine not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00). 3. For the third or subsequent offense, a fine not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00).

Each day the child remains out of school after an oral and documented or written warning has been given to the parent, guardian, custodian, child, or other person or the child has been ordered to school by the juvenile court shall constitute a separate offense. F. At the trial of any person charged with violating the provisions of this section, the attendance records of this child or ward may be presented in court by any authorized employee of the school district. The Court may order the parent, guardian, or other person having custody of the child to perform community service in lieu of the fine set forth in this section. The court may require that all or part of the community service be performed for a public school district. The court may order as a condition of a deferred sentence or as a condition of sentence upon conviction of the parent, guardian, or other person having custody of the child any conditions as the court considers necessary to obtain compliance with school attendance requirements. The conditions may include, but are not limited to, the following:

1. Verifying attendance of the child with the school; 2. Attending meetings with school officials; 3. Taking the child to school; 4. Taking the child to the bus stop; 5. Attending school with the child; and 6. Taking the child for drug, alcohol, or other substance abuse evaluation and following the recommendations of the evaluator, unless excused by the court. Section 2: REPEALER. All ordinances or parts of ordinances in direct conflict herewith are repealed to the extent of the conflict only. Section 3: SEVERABILITY. Should any part, section, subsection, sentence, provision, clause or phrase hereof be held invalid, void, or unconstitutional for any reason, such holding shall not render invalid, void or unconstitutional any other section, subsection, sentence, provision, clause, or phrase of this ordinance, and the same are deemed severable for this purpose. Section 4: EMERGENCY. This ordinance being designated to protect the public health, safety and welfare of the inhabitants for the Town of Fort Gibson, Oklahoma, and its passage being immediately necessary, an emergency is hereby declared to exist and by reason whereof this ordinance shall take effect immediately upon its passage, approval and publication as provided by law.


HISTORY
Amended by Ord. 2026-008 on 2/13/2026
130.085 Public Intoxication
130.086 Prohibition Involving Alcoholic Beverages
130.087 Prohibitions Involving Drugs

  1. Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

    A STATE OF INTOXICATION. The condition in which a person is under the influence of any intoxicating or spirituous liquors, or of any narcotic or drug, to such extent as to deprive the person of his or her full physical or mental power, or in which a person is a danger to himself or others.
  2. Public intoxication prohibited. It is unlawful for any person to appear or be upon or in any street, alley, or other public place in the town in a state of intoxication.

(Prior Code, § 5-6D-1) (Ord. 2018-015, passed 10-8-2018)

Cross-reference: Intoxicated persons on premises prohibited, see § 111.12

It is unlawful:

  1. For any person to barter, sell, give away, or otherwise furnish to another any intoxicating liquor or beverage of any kind or medical marijuana except as permitted by law;
  2. To have in possession or under control any intoxicating liquor or beverage or marijuana except as permitted by law, or to transport or in any manner convey from place to place in the town any intoxicating liquor or beverage or marijuana except as permitted by law;
  3. To loiter in a place where intoxicating liquor or medical marijuana is sold, bartered, given away, or otherwise furnished contrary to law; or
  4. To keep or maintain, or aid or abet in keeping or maintaining, a place where intoxicating liquor or marijuana is sold, bartered, given away, or otherwise furnished in violation of law.

(Prior Code, § 5-6D-2) (Ord. 2018-015, passed 10-8-2018) Penalty, see § 130.999

  1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    CANNABINOIDS. As used in this section the term "marijuana" and/or "cannabinoids" means all parts of the plant Cannabis sativa 1., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or cake made from the seeds of such plant, any other compound, manufacture, salt derivative, mixture of preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

    CONTROLLED DANGEROUS SUBSTANCE. A drug, substance, or immediate precursor in Schedules I through V of the Uniform Controlled Dangerous Substances Act, 63 O.S. §§ 2-101 et seq.

    DRUG PARAPHERNALIA. Shall have the meaning prescribed by 63 O.S. §§ 2-101 et seq., including the factors to determine in 63 O.S. §§ 2-101.1 et seq.
  2. Prohibitions. It is unlawful for any person to:
    1. Knowingly manufacture, grow, harvest, cultivate, propagate, plant, compound, convert, produce, process, test, pack, repack, store, distribute, dispense or possess with intent to manufacture, distribute or dispense marijuana without a current license from the state and current license from the town allowing the specified activity;
    2. Knowingly use, have, inject, ingest, inhale, otherwise introduce into the human body or possess marijuana, without possession of a current state issued medical marijuana license;
    3. Knowingly use or possess drug paraphernalia or deliver, possess, or manufacture any such paraphernalia singly or in conjunction with any other person without possession of a current state issued medical marijuana license;
    4. Knowingly appear or be upon or in any street, alley, place of business, or other public place in the town while under the influence of a controlled dangerous substance or marijuana;
    5. Possess any scheduled I, II, III, IV or V substance listed in 63 O.S. §§ 2-208, 2-204, and 2-206, 2-208, 2-210, and 2-212 or as they may be amended or subsequently recodified, marijuana or any substances included in 63 O.S. § 2-206, which the State of Oklahoma has declared possession of such is a misdemeanor offense, or as it may be amended, unless such substance was obtained directly or pursuant to a valid prescription or order from a medical practitioner while acting in the course of his or her professional practice, or unless a current state medical marijuana license has been issued; and/or
    6. Possess, sell, or distribute, or for any person to inhale or ingest, any compound, liquid, or chemical, salt, isomer and salt of isomer prohibited under the State Controlled Dangerous Substances Act, 63 O.S. § 2-204 (OCDSA), not already prohibited therein, listed and/or defined as opiates, opium derivatives, any level of a hallucinogenic substance, any quantity of substances having a stimulant or depressant effect on the central nervous system, any quantity of a synthetic chemical compound that is a cannabinoid receptor agonist, which may be used or consumed by a person for the purpose of inducing a condition of intoxication, distortion or disturbance of the auditory, visual, or mental processes.
  3. Exceptions. The provisions of this section shall not apply to the possession and use of the substances listed as part of the care or treatment of a disease, condition, or injury by a licensed physician or pursuant to a prescription of a licensed physician.
  4. Repealer. All ordinances or parts of ordinances in direct conflict herewith are repealed to the extent of the conflict only.
  5. Severability Should any section, subsection, sentence, provision, clause, or phrase hereof be held invalid, void, or unconstitutional for any reason, such holding shall not render invalid, void, or un constitutional for any reason, such holding shall not render invalid, void, or unconstitutional any other section, subsection, sentence, provision, clause, or phrase of tis ordinance and the same are deemed severable for this purpose.

F. This ordinance is declared to be an emergency measure necessary for the immediate preservation for the peace, health, safety and general welfare of the people of this Town and shall take effect at the earliest date provided by law.



(Prior Code, § 5-6D-3)

HISTORY
Amended by Ord. 2023-018 on 4/24/2023
130.100 Resisting An Officer
130.101 Refusing To Assist Officer
130.102 Assault Or Battery Upon Law Enforcement Officials
130.103 Resisting, Threatening, Assaulting Public Officials
130.104 Eluding Police
130.105 Aid In Escape
130.106 Escape Or Attempt To Escape
130.107 Impersonating An Officer Or Employee
130.108 False Representation To An Officer; Perjury
130.109 False Alarms
130.110 Removal Of Barricades

  1. Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    OBSTRUCTION OF. In addition to its common meaning, shall include:
    1. Flight by one sought to be arrested before the arresting officer can restrain him or her and after notice is given that he or she is under arrest;
    2. Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he or she is under arrest; or
    3. Refusal by the arrested party to give his or her name and make his or her identity known to the arresting officer.
    RESISTING AN OFFICER. The intentional opposition or resistance to, or obstruction of, an individual acting in his or her official capacity, and authorized by law to make a lawful arrest or seizure of property, or to serve any lawful process or court order, when the offender knows or has reason to know that the person arresting, seizing property, or serving process is acting in his or her official capacity.
  2. Prohibitions.
    1. It is unlawful to resist, oppose, or assault, or in any way interfere with a police officer or any person duly authorized to act as such, while the officer or person is discharging or attempting to discharge his or her official duties within the limits of the town.
    2. It is unlawful for any person to warn or signal another so as to assist such other person to flee, escape, or evade an officer seeking to make an arrest or for any person to bar or lock any door or barrier in the face of or in front of an approaching officer.

(Prior Code, § 5-6E-1) Penalty, see § 130.999

An officer of the town making or about to make an arrest, or executing or about to execute a warrant or other process, in accordance with the ordinances of the town or with state or federal law, or suppressing or about to suppress a riot, affray, or unlawful assembly, may call upon any person to assist him or her in making such arrest, executing such process or suppressing such riot, affray, or unlawful assembly. It is unlawful for any person lawfully called upon to assist an officer of the town to refuse or fail to do so.

(Prior Code, § 5-6E-2) Penalty, see § 130.999

It is unlawful for any person to knowingly commit any assault, battery, or assault and battery upon the person of a police officer or other officer of the law while in the performance of his or her duties.

(Prior Code, § 5-6E-3) Penalty, see § 130.999

It is unlawful for any person knowingly or willfully to:

  1. Resisting, obstructing. Resist, oppose, or obstruct the Chief of Police, any other police officer, the Municipal Judge, or any other officer or employee of the town in the discharge of his or her official duties;
  2. Threatening. Threaten or otherwise intimidate or attempt to intimidate any such officer or employee from the discharge of his or her official duties; or
  3. Assaulting, abusing. Assault or beat, or revile, abuse, be disrespectful to, use abusive or indecent language toward or about any such officer or employee while such officer or employee is in the discharge of his or her official duties.

(Prior Code, § 5-6E-4) Penalty, see § 130.999

It is unlawful for any operator of a motor vehicle who has received a visual and audible signal, a red light, and a siren from a police officer driving a motor vehicle showing the same to be an official police vehicle, directing the operator to bring his or her vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police officer, or willfully attempts in any other manner to elude the police officer, or who does elude such police officer.

(Prior Code, § 5-6E-5) Penalty, see § 130.999

It is unlawful for any person, in any illegal manner, to set at liberty, rescue, or attempt to set at liberty any prisoner from any officer or employee of the town having legal custody of the same or to assist such prisoner in any manner to escape from custody either before or after conviction, including escape from a vehicle of confinement.

(Prior Code, § 5-6E-6) Penalty, see § 130.999

It is unlawful for any person working upon the streets or other public places of the town in pursuance of any judgment, or otherwise held in legal custody by authority of the town, to escape or attempt to escape from such custody.

(Prior Code, § 5-6E-7) Penalty, see § 130.999

It is unlawful for any person to impersonate any officer or employee of the town, falsely represent himself or herself to be an officer or employee of the town, or exercise or attempt to exercise any of the duties, functions, or powers of an officer or employee of the town without being duly authorized to do so.

(Prior Code, § 5-6E-8) Penalty, see § 130.999

It is unlawful for any person, firm, or corporation, or any agent or employee thereof, knowingly to make any material misrepresentation to any officer, employee, or agency of the town government in any official application to, or official dealing or negotiation with, such officer or agency; or to commit perjury before any tribunal or officer of the town.

(Prior Code, § 5-6E-9) Penalty, see § 130.999

It is unlawful for any person to turn in a false alarm of any nature, or in any manner to deceive or attempt to deceive the Fire Department or Police Department or any officer or employee thereof with reference to any fire alarm or reported fire, accident, or other emergency, or knowingly to cause the Fire Department or Police Department or its officers or employees to make a useless run.

(Prior Code, § 5-6E-10) Penalty, see § 130.999

It is unlawful for any person, except by proper authority, to remove any barricade or obstruction placed by authority of the town to keep traffic off any pavement, street, curb, sidewalk, or other area.

(Prior Code, § 5-6E-11) Penalty, see § 130.999

130.125 Records Kept
130.126 Disposition Of Unclaimed Property
130.127 Recovery Of Sold Property
130.128 Property Found By Individual

All personal property which comes into the possession of any police officer, which has been found or stolen or taken off the person or out of the possession of any prisoner or person suspected of, or charged with, being a criminal, and which is not known to belong to some person laying claim thereto, shall be, by the officer securing possession thereof, delivered into the charge of the Chief of Police. The Chief shall, in a permanent record book kept for that purpose, make a record sufficient to identify the property, with the date and circumstances of the receipt thereof, the name of the person from whom it was taken and the place where it was found; and the record shall also disclose the subsequent disposal thereof, giving the date of sale, name and address of the purchaser, and the amount for which it was sold.

(Prior Code, § 5-7-1)

Any unclaimed personal property, other than animals, which remains in the possession of the Chief of Police, unclaimed, or the ownership of which is not to him or her satisfactorily established, for a period of at least 90 days, shall be sold, or disposed of in the manner required by law, except such personal property as, in the opinion of the Mayor, can be more advantageously used by some department or office of the town government.

(Prior Code, § 5-7-2)

If the town sells any property as herein provided, and the rightful owner thereof takes and recovers possession of same from the said purchaser, the amount paid therefor shall be reimbursed to the purchaser or the owner, minus any costs and expenses charged to the town for said sale.

(Prior Code, § 5-7-3)

Any personal property, with the exception of firearms and/ or weapons, found by a person other than a public official or employee, which is delivered to any police officer for identification, if not claimed or identified within 30 days, shall, within ten additional days thereafter, if requested by the finder, be returned to him or her, and a record of such disposal made thereof. If the finder does not request return of the property to him or her within such additional ten days, then the Chief of Police shall sell the property in the manner required by law, as if it were found by a public official or employee or, on instruction by the Town Administrator, deliver it to some department or office of the town government for its use.

(Prior Code, § 5-7-4) (Ord. 2010-002, passed 3-22-2010)

CHAPTER 150: BUILDING REGULATIONS
CHAPTER 151: UTILITY REGULATIONS
CHAPTER 152: MOBILE HOMES AND MANUFACTURED HOUSING
CHAPTER 153: SIGNS
CHAPTER 154: PLANNING AND DEVELOPMENT
CHAPTER 155: FLOOD DAMAGE PREVENTION
CHAPTER 156: SUBDIVISION REGULATIONS
CHAPTER 157: ZONING
CHAPTER 158: PARKS, RECREATION AND TOURISM

150 Building Code And Regulations
150 Fee Schedule

150.01 Building Code Adopted
150.02 Permit Requirements
150.03 Plan Review Required
150.04 Placement Of Finished Slab
150.05 Developments Three Acres Or Larger; Stormwater Management
150.06 Construction And Land Use Near Fort Gibson Military Park
150.07 Appeals

The International Building Code, 2000 edition, is hereby adopted and incorporated as fully as if set forth at length herein; and any future editions, addenda, supplements, tables, additions, insertions, deletions, and/or other changes to said International Building Code shall automatically be adopted hereby and incorporated as part of this code and building codes of the town as the same are approved and adopted for implementation by the state, and shall be known as the Building Code of the Town of Fort Gibson, Oklahoma. One copy of said code is on file in the office of the Town Clerk.

(Prior Code, § 10-1-1) (Ord. 2022-011, passed 6-27-2022)

  1. Permit required.
    1. No person, firm, corporation, partnership, association, or any other legal entity shall construct, locate, or relocate mobile homes or construct, or cause to be constructed, any structure or substantial improvement to any structure (residential, industrial, commercial, or otherwise) without first obtaining a permit to construct or relocate the same from the Building Director/Code Officer.
    2. As used in this division (A), a SUBSTANTIAL IMPROVEMENT is an improvement other than routine maintenance and repair and an improvement greater than $10,000, unless otherwise approved by the Town Administrator or his designee.
  2. Exemption from permit. Any building construction started before the effective date hereof shall be exempt from the building permit requirements hereof. For purposes of this division, building construction shall be considered as started on all buildings where the foundation footings have been dug.
  3. Application for permit.
    1. No building permit shall be issued until the applicant files an application stating the location, type, and size of the structure to be erected, constructed, repaired, or relocated, and attach thereto a plan in duplicate.
    2. All applications for building permits shall be provided in duplicate, drawn to scale, and showing exact dimensions of all lots, buildings, and structures.
      1. Said plan shall depict to scale the lot lines, floor plan, lowest floor elevation (including basement), location of building on the lot, setback lines, easements, rights-of-way, north arrow, scale, existing and/or proposed uses, number of dwelling units and lot areas, and such other information as the Building Director/Code Officer may require shall be furnished. The Building Director/Code Officer shall review this permit application and approve or disapprove the permit within five working days. One copy of the plans shall be returned to the applicant by the administrative officials. After they have marked such copy, either as approved or disapproved and attested to same by their signature on such copy, one copy of the plans similarly marked shall be retained by the administrative officials.
      2. All new commercial buildings and commercial building additions costing $100,000 or more require plans prepared by an architect licensed in the state and bearing the architect's stamp and signature.
    3. All applications for building permits shall be considered filed with the Building Director/Code Officer by the filing of the same with the Town Clerk who shall deliver such applications to the Building Director/Code Officer.
  4. Permit fees.
    1. Fees established. Whenever any structure or building is to be improved in any amount exceeding $10,000, or erected, moved, or structurally altered, a building permit shall be obtained from the Building Director/Code Officer. The fees or cost for such permit shall be as approved by the Board of Trustees.
    2. Exemptions from fees.
      1. Publicly owned buildings and tax exempt organizations. All buildings being constructed by public bodies, such as the state, counties, school districts, municipalities, and tax exempt organizations, shall be exempt from the payment of fees for building permits. Such bodies shall comply with all other regulations governing the construction of any building in the town.
      2. Routine maintenance and repair. All ordinary and routine maintenance and repair shall be exempted from this chapter and Chapters 151 through 153. Ordinary and routine maintenance and repair shall include, but is not limited to, interior or exterior painting, roof repair such as roof patching and overlay, and installation of carpet, flooring, fixtures, fences, patios, and other similar such changes.
  5. Expiration of permits. All building permits will expire after one year. After one year, if the project has not been completed, an amount equal to the permit fee must be paid for an extension of time no greater than 90 days. At the end of 90 days, all work must cease until approval is obtained from the Board of Trustees.

(Prior Code, § 10-1-2) Penalty, see § 150.99

HISTORY
Amended by Ord. 2024-01 on 7/10/2023

All permits in the R-2 through the I-2 zoning classifications shall have a plan review at the discretion of the Building Director/Code Officer through the Planning Commission. This shall include a preliminary review, complete review, building review, mechanical review, plumbing review, electrical review, sprinkler review, accessibility review for R-2 through I-2, and a residential review of R-2 at the discretion of the Building Director/Code Officer.

(Prior Code, § 10-1-3) (Ord. 2008-001, passed 2-11-2008)

  1. Pertaining to all future construction, the top of finished slab shall be a minimum of 16 inches above original dirt grade and 16 inches above the floodplain, where applicable.
  2. Placement of finished slab and subsequent grading shall not alter the existing stormwater drainage onto or off of the property unless authorized by the Code Enforcement Officer.

(Prior Code, § 10-1-4) (Ord. 2000-4-1, passed 4-10-2000; Ord. 2008-001, passed 2-11-2008)(amended by emergency and effective 6-10-2024)

All future developments three acres or larger shall be designed by a registered professional engineer, implementing stormwater management techniques to contain postdevelopment runoff at a predevelopment release rate. Certification for the placement of materials for streets and drainage systems shall be guaranteed.

(Prior Code, § 10-1-5) (Ord. 2008-001, passed 2-11-2008) Penalty, see § 150.99

  1. Distance restriction. It shall be unlawful for any person, firm, or corporation to locate or relocate, construct, or enlarge any structure on or make any use upon any property located within 300 feet of the boundaries of the Fort Gibson Military Park, which, in the judgment of the State Historic Society, the Fort Gibson Historic Preservation and Landmark Commission, or the Board of Trustees, would adversely affect the environment of the Fort Gibson Military Park or the town.
  2. Application for permit. Any person, firm, or corporation desiring to make use of the area described in division (A) above shall submit an application to the Board of Trustees setting forth therein a complete description of the structure to be located, relocated, constructed, or reconstructed, together with plans of the same.
  3. Issuance of permit. If such application and plans are approved, then the Board of Trustees shall cause to be issued to the applicant a permit upon the payment of the fee pursuant to § 150.02(D) of this chapter, to the town.
  4. Nonconforming structures and uses. The following structures and uses shall be deemed nonconforming structures and uses.
    1. Mobile homes. No mobile homes shall be located in the territory covered by division (A) above.
    2. Residential buildings. No residential building shall be located in the area covered by division (A) above, unless the same is in keeping with the general type of construction in the area.
    3. Commercial activities. No commercial or business activity shall be conducted in the area such as alcoholic beverage stores, dance halls, junk, salvage or used automobile yards, gasoline stations, or any combustible materials.
    4. Existing structures. Where any lawful structures exist at the effective date hereof and could not be lawful under the terms of this section by reason of restrictions in the area, such structure may be used so long as it remains in the same condition and used for the same purpose as it was when this section became effective.
    5. Enlargement, alteration, moving structures. No existing structure devoted to a use not permitted by this section shall be enlarged, extended, reconstructed, moved, or structurally altered.

(Prior Code, § 10-1-6) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 150.99

Any person aggrieved of any officer, department, board, or agency of the town or affected by any decision or interpretation of the Building Director/Code Officer in connection with the interpretation of any of the provisions of this chapter may appeal to the Board of Adjustment; provided, that:

  1. Notice of appeal; fee. Such appeal shall be taken within ten days from the date of decision by filing with the Building Director/Code Officer and the Town Clerk a written notice of appeal specifying the grounds thereof and by paying a filing fee of $20 at the office of the Town Clerk at the time the notice is filed;
  2. Information to Board of Adjustment. The Town Clerk, upon receipt of the notice of appeal, shall transmit to the Board of Adjustment the papers and information constituting the record upon which the action appealed from was taken;
  3. Notice of hearing. The Board of Adjustment shall fix a time for hearing of the appeal. The Board shall give written notice to the parties in interest at least ten days before the date set for the hearing. Such notice shall contain the date, the hour, and the place for the hearing. The Board of Adjustment will also post notice of the date, time, and place of the hearing in ten public places within the town. Upon the hearing, parties in interest may appear in person or by agent or attorney; and
  4. Decision.
    1. The Board of Adjustment shall render a decision within a reasonable time from the date on which the appeal is filed.
    2. Upon hearing an appeal, the Board shall affirm or, if it finds erroneous action, shall reverse, set aside, or modify the order under appeal.

(Prior Code, § 10-1-7) (Ord. 1997-3-1, passed 3-10-1997)

Cross-reference: Board of Adjustment, see §§ 157.035 through 157.040

150.20 Simple Permit Fee Schedule
150.99 Penalty

A permit is required before any work is performed or the permit fee will be doubled. A state required fee of $4.00 will be added to all permits. Permit fees not listed shall be governed by the Town Ordinances previously adopted by the Town of Fort Gibson, OK.

InspectionFee
Residential - $.50 per square foot under roof with a minimum fee of $500.00
$.50 per sq ft
Commercial - $.50 per square foot or the first 10,000 square feet under roof. $0.04 per square foot greater than 10,000 square feet
$.50 per sq ft
Remodel or Alteration

Residential - $0.15 per square foot with a minimum fee of $150.00
$0.15 per sq ft
Commercial - $.20 per square foot for the first 10,000 square feet. $0.04 per square foot greater than 10,000 square feet (with a minimum fee of $500.00
$0.20 per sq ft
Demolition per structure
$100
Storage, Warehouse, Garages, Covered Patios, Carport

12x20 or 240 square feet or less
$50.00
Larger than 12x20 or 240 square feet add $0.15 per square foot
$50.00 + $0.15 per sq ft
Utilities Included - 12x20 or 240 square feet or less
$50.00 + Utilities Permit
Utilities Included - 12x20 or 240 square feet or more
50.00 + $0.15 per sq ft + Utilities Permi
Plan Review Fee (allow 5 business days)
$50.00
Re-roofing/Re-decking
$50.00 
Siding
$50.00 
Signs without electrical$80.00 
Signs with electrical$80.00 + $50.00 Electrical Permit
Tents or Awnings ($50.00 additional fee if electrical
$50.00
Storm Shelter$50.00 + Utilities Permit
Elevator and Escalator - for the first two floors add $15.00 per additional floor $75.00
House Moving for one room, garage, building, shed or other structure$50.00
2-5 rooms$100.00 
6 or more rooms add $30 per room above 5 $100.00 + additional rooms
Streets and Sidewalks 
Sidewalk Permit$50.00 
Curb Cut/Driveway Approach $50.00 
Street Cut & Backfill for Asphalt Streets or Alleyways $150.00 
Street Cut & Backfill for Concrete Streets $200.00 
Street Bore$300.00
Parking Lot$50.00
Fuel Storage Tanks $150.00 
Additional fee for each fuel dispensing pump $25.00 
Swimming Pools $100.00 
Plumbing Permit  
Inspection Fee $50.00 
Re-inspection causing additional trip $50.00 
Inspection Fee outside normal business hours $100.00 
Water/Sewer Inspection Outside Town Limits + $0.12 per sq. ft. of line *must sign water/sewer contract with the Town
$75.00 
Sprinkler Inspection Fee$50.00 
Electrical Permit  
Inspection Fee$50.00
Re-inspection causing additional trip $50.00 
After Hours Inspection $100.00
Occupancy Permit  
Residence $50.00
Per Unit on Multi-Family Dwellings $50.00 
Commercial - add $30.00 per floor above three$50.00 
Industrial

$200

Fence Permit

$50.00

HISTORY
Amended by Ord. 2023-022 on 5/22/2023

Any person, firm, corporation, partnership, association, or any other legal entity who undertakes any construction or modification of a structure or who violates any other provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in § 10.99 of this code. Each day of violation or noncompliance shall constitute a separate offense. The Town Administrator, or his or her designated representative, shall issue all citations for alleged violations of this chapter.

(Prior Code, § 10-1-8) (Ord. 1997-3-1, passed 3-10-1997)

151 Plumbing Code And Regulations
151 Electrical Regulations
151 Gas Code
151 Mechanical Code

151.01 Plumbing Code
151.02 Contractor Requirements
151.03 Plumbing Permits
151.04 Inspections

  1. Code adopted. The 2018 International Plumbing Code, is hereby adopted and incorporated as part of the codes and ordinances of the town, as if fully set forth at length herein. Any future editions, addenda, supplements, tables, additions, deletions, or other changes to said 2018 International Plumbing Code, which will automatically be adopted hereby upon the same being adopted by the state, except any such portions thereof as are hereinafter deleted, modified, or amended by the Board of Trustees and shall be incorporated as part of the codes and ordinances of the town. One copy of said plumbing code is on file in the office of the Town Clerk.
  2. Interceptors or grease traps. Interceptors or grease traps shall be maintained in efficient operating condition by periodic removal of accumulated grease. A maintenance chart indicating the date of each cleaning must be developed by the owner and/or operator of said interceptor or grease trap and said maintenance chart shall be accessible to the plumbing official or his designee for inspection at any time. The failure of the owner and/or operator to properly clean the interceptors or grease traps and develop and maintain the maintenance chart provided for herein may result in punishment as set forth in § 151.99 of the town code and/or the removal of a water meter by the town, along with the necessary charges for said removal and reinstallation.
    1. After the effective date of notification of noncompliance with the paragraph above of this section, the owner and/or operator will be notified of the need to come into compliance with this plumbing code and will be allowed 60 calendar days from notification to install the required grease trap.
    2. After the 60-day grace period expires, the owner and/or operator may be punished according to § 151.99 of the town code. At the end of ten additional days, the water meter will be removed. The owner and/or operator will be required to pay necessary charges for removal and reinstallation of the water meter.
    3. Grease traps shall be required for any commercial establishment or other entity with a food preparation kitchen. Establishments and/or entities required to have a grease trap installed include, but are not limited to, restaurants, cafeterias, hotels, schools, hospitals, institutions, daycare, commercial food processing plants, dairies, and any other type business where grease, fat, and oils are a byproduct to be disposed of through the sanitary system.
    4. The size grease trap required will be determined by flow rate into sanitary system.

(Prior Code, § 10-2-1) (Ord. 1997-3-1, passed 3-10-1997)

HISTORY
Amended by Ord. 2023-012 on 2/13/2023
  1. Definitions.
    1. The phrases and words "journeyman plumber", "apprentice or plumber's apprentice", "plumbing contractor", and "plumbing", when used in the ordinances, regulations, and other official acts and communications of the town, shall have the meanings respectively prescribed for them by 59 O.S. §§ 1001 et seq., the State Plumbing License Law, unless the context clearly indicates a different meaning.
    2. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      APPRENTICE OR PLUMBER'S APPRENTICE. Any person 16 years of age or over who, as his or her principal occupation, is engaged in learning and assisting in the installation of plumbing under the direct supervision of a licensed journeyman plumber or plumbing contractor.

      JOURNEYMAN PLUMBER. Any person other than a plumbing contractor who engages in or works at the actual installation, alteration, repair and/or renovation of plumbing.

      PLUMBING.
      1. All piping, fixtures, appurtenances, and appliances for, and in connection with, a supply of water within or adjacent to any building, structure, or conveyance, on the premises and to the connection with a water main or other source of supply;
      2. All piping, fixtures, appurtenances, and appliances for sanitary drainage or storm drainage facilities, including venting systems for such facilities, within or adjacent to any building, structure, or conveyance on the premises, and to the connection with a public disposal system or other acceptable terminal;
      3. The installation, repair, maintenance, and renovation of all piping, fixtures, appurtenances, and appliances for a supply of water, or for the disposal of wastewater, liquid waste, or sewage, within or adjacent to any building, structure, or conveyance on the premises, and to the source of supply of water or point of disposal of wastes; and
      4. The installation, repair and maintenance of radiant floor heating system piping in residential homes with capacities no greater than 100,000 BTUs using only piping approved by the most current adopted edition of the International Mechanical Code.
      PLUMBING CONTRACTOR. Any person skilled in the planning, superintending, and practical installation of plumbing and familiar with the laws, rules, and regulations governing the same. This definition may be construed to mean any person who has qualified and is licensed by the state, who may operate as an individual, a firm, partnership, limited liability company, or corporation to engage in the business of plumbing, or the business of contracting to do plumbing or furnish labor and/or labor and materials for the installation, repair, maintenance, or renovation of plumbing, according to the requirements of the State Plumbing License Law.
  2. License required. It is unlawful for any person to engage in the business, trade, or occupation of a plumbing contractor (otherwise known as a master plumber), or of a journeyman plumber, or of a plumber's apprentice, in the town, unless he or she is licensed by the state.

(Prior Code, § 10-2-2) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2008-001, passed 2-11-2008; Ord. 2023-012, passed 2-13-2023) Penalty, see § 151.99

  1. Permit required. No plumbing work shall be undertaken without a permit from the Building Code Enforcement Officer.
  2. Application for permit. The application for such work must follow provisions of § 150.02(C) of this title.
  3. Fees. The schedule of permit fees may be set by the Board of Trustees. Such payment shall be made upon application.
  4. Work exempt from permit.
    1. Work to stop leaks in drains, water, waste, or vent pipe; provided, however, that if any concealed trap, drainpipe, water, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and an inspection made as provided in this code.
    2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures, and the removal and reinstallation of water closets; provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.
    3. Nothing herein contained shall be construed as prohibiting an individual from doing plumbing work within his or her own residence or as requiring an individual to have a license to do plumbing work on his or her own residence. However, all such work must be done in conformity with all other provisions of this chapter, including those relating to permits, inspections, and fees.

(Prior Code, § 10-2-3) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2008-001, passed 2-11-2008; Ord. 2023-012, passed 2-13-2023) Penalty, see § 151.99

Cross-reference: Permit fee schedule, see § 150.20

Inspection of work must conform to the guidelines set forth in the town code.

(Prior Code, § 10-2-4) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2023-012, passed 2-13-2023) Penalty, see § 151.99

Cross-reference: Permit requirements, see § 150.02

151.15 Definitions
151.16 Contractor License Requirements
151.17 Compliance With Provisions, Electrical Code, And Underwriters' Standards
151.18 Permit Requirements
151.19 Connections By Electrical Utility
151.20 Defective Workmanship
151.21 Inspection Fee
151.22 Liability For Damages

  1. The phrases and words "electrical apprentice", "journeyman electrician", "electrical contractor", and "electrical facilities", when used in the ordinances, regulations, and other official acts and communications of the town, shall have the meanings respectively prescribed for them by 59 O.S. §§ 1680 et seq., the State Electrical License Act, unless the context clearly indicates a different meaning.
  2. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    ELECTRICAL APPRENTICE. Any person 16 years of age or older whose principal occupation is the learning of and assisting in the installation of electrical work under the direct supervision of a licensed journeyman electrician or electrical contractor.

    ELECTRICAL CONTRACTOR. Any person skilled in the planning, superintending, and practical installation of electrical facilities who is familiar with the laws, rules, and regulations governing such work. ELECTRICAL CONTRACTOR also means any individual, firm, partnership, corporation, limited liability company, or business performing skills of an ELECTRICAL CONTRACTOR or an electrician or the business of contracting or furnishing labor or labor and materials for the installation, repair, maintenance, or renovation of electrical facilities according to the provisions of the State Electrical License Act.

    ELECTRICAL EQUIPMENT. Refers to electrical conductors, metallic raceways, fittings, devices, fixtures, appliances, apparatus, and any electrical material of any nature, kind, or description, to be installed within or on any building or structure.

    ELECTRICAL FACILITIES. All wiring, fixtures, appurtenances, and appliances for, and in connection with, a supply of electricity within or adjacent to any building, structure, or conveyance on the premises but not including the connection with a power supply meter or other power supply source.

    JOURNEYMAN ELECTRICIAN. Any person, other than an electrical contractor, who engages in the actual installation, alteration, repair, or renovation of electrical facilities unless specifically exempted by the provisions of the State Electrical License Act.

(Prior Code, § 10-3-1) (Ord. 1997-3-1, passed 3-10-1997)

  1. License required. It is unlawful for any person to engage in the business, trade, or occupation of an electrical contractor (otherwise known as a master electrician), or of a journeyman electrician, or of an electrician's apprentice, in the town, unless he or she is licensed by the state.
  2. Exemption from license requirement. For the installing of bell, telephone, or signaling systems not over 12 volts, no state license shall be required. The installation of the same must comply with all other requirements of the ordinances of the town. This code shall in no way supersede the licensing requirements of the state.

(Prior Code, § 10-3-2) (Ord. 2008-001, passed 2-11-2008) Penalty, see § 151.99

  1. Compliance with provisions and electrical code. All installations of electrical equipment shall be in conformity with the provisions of this chapter, with the statutes of the state and any orders, rules, and regulations issued by authority thereof, and with approved electrical standards for safety to persons and property. Where no specific standards are prescribed by this chapter or by the statutes of the state, or by any orders, rules, or regulations issued by authority thereof, conformity with the regulations set forth in the current issue of the National Electrical Code as approved by the National Fire Protection Association shall be prima facie evidence of conformity with approved standards for safety to persons or to property.
  2. Compliance with provisions and Underwriters' Laboratories Standards. All electrical equipment installed or used shall be in conformity with the provisions of this chapter, the statutes of the state, and any orders, rules, and regulations issued by the authority thereof, and with approved electrical standards for safety to persons or to property. Unless by this chapter, by a statute of the state, or any orders, rules, or regulations issued by authority thereof, a specific type or class of electrical equipment is disapproved for installation and use, conformity with the standards of Underwriters Laboratories, Inc., shall be prima facie evidence of conformity with approved standards for safety to persons or to property.

(Prior Code, § 10-3-3) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 151.99

  1. Permit required. It is unlawful for any person to install any electrical wiring, fixtures, or apparatus in or on any building or structure in the corporate limits of the town, or make extensions to any existing electrical installations without first securing a permit from the town.
  2. Application for permit. Applications for electrical permits shall be made to the Building Director/Code Officer or in his or her absence the Town Clerk, and the applicant shall provide such plans, specifications, and other data as may be reasonably required.
  3. Permit fee. The fee for an electrical permit shall be as prescribed by the Board of Trustees.

(Prior Code, § 10-3-4) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2008-001, passed 2-11-2008) Penalty, see § 151.99

Cross-reference: Permit fee schedule, see § 150.20

It shall be unlawful for any electric, light, and power company or any supplier of electricity for light, heat, or power to make any electrical connection to any building for electric wiring or apparatus until a certificate, stating that the electric work has been approved, or written permit authorizing connection has been issued by the Building Director/Code Officer. All firms, corporations, or individuals, whether operating under a regular franchise granted by the town or not, shall, upon written notice by the Building Director/Code Officer, disconnect from any such circuit, including main service wires, branch feeder wires or distribution, as designated by the notice, and shall not reconnect to the installation except upon written notice from the Building Director/Code Officer.

(Prior Code, § 10-3-5) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 151.99

Any person, firm, or corporation engaged in the business of electrical contracting for the installation of wiring and apparatus for electric light, heat, or power in the town who fails to correct promptly any defects in any work done by him or her contrary to this chapter, after having been notified by the Building Director/Code Officer, shall not be issued any further permits until such defects have been corrected. In any case in which any person shall continue to, or persistently violate the town code in regard to electrical work, or the orders of the Building Director/Code Officer in relation to same, the registration and permit of such person shall be suspended or revoked.

(Prior Code, § 10-3-6) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 151.99

The Board of Trustees may prescribe an inspection fee to be paid to the town when electrical installations are inspected by the town.

(Prior Code, § 10-3-7) (Ord. 1997-3-1, passed 3-10-1997)

This chapter shall not be construed to relieve or lessen the responsibility of any person, partnership, or corporation owning or operating or installing electric wire, appliances, apparatus, construction, or equipment for the damage to property or persons injured by any defect therein. Nor shall the town, or any agent thereof, be deemed to assume such liability by reasons of the inspection authorized herein or the certificate of inspection issued by the Building Director/Code Officer.

(Prior Code, § 10-3-8) (Ord. 1997-3-1, passed 3-10-1997)

151.35 Code Adopted

Pamphlet 54 published by the National Fire Protection Association, entitled "National Gas Code", the latest edition thereof, is hereby adopted and incorporated in this town code by reference. The pamphlet shall be in full force and effect in the town and shall govern the installation of gas piping and gas appliances in the town. One copy of the pamphlet is on file in the office of the Town Clerk. Any violation of the provisions of the pamphlet shall be deemed a violation of the ordinances of the town.

(Prior Code, § 10-4-1) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 151.99

151.50 Code Adopted
151.51 Contractor License Requirements
151.52 Permits
151.53 Inspections
151.99 Penalty

The 2000 International Mechanical Code is hereby adopted and incorporated as part of the codes and ordinances of the town, as if fully set forth at length herein. Any future editions, addenda, supplements, tables, additions, deletions, or other changes to said 2000 International Mechanical Code will automatically be adopted hereby and shall be incorporated as part of the codes and ordinances of the town. One copy of said Code is on file in the office of the Building Director/Code Officer.

(Prior Code, § 10-7-1) (Ord. 2008-001, passed 2-11-2008)

  1. Definitions.
    1. The phrases and words "journeyman mechanic", "apprentice or mechanic's apprentice", and "mechanical contractor", when used in the ordinances, regulations, and other official acts and communications of the town, shall have the meanings respectively prescribed for them by 59 O.S. Chapter 43A, the State Mechanical License Act, unless the context clearly indicates a different meaning.
    2. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      APPRENTICE or MECHANIC'S APPRENTICE. Any person 16 years of age or over who, as his principal occupation, is engaged in learning and assisting in the installation of mechanical systems under the direct supervision of a licensed journeyman mechanic or mechanical contractor.

      JOURNEYMAN MECHANIC. Any person other than a mechanical contractor who engages in or works at the actual installation, alteration, repair, and/ or renovation of building mechanical systems.

      MECHANICAL CONTRACTOR. Any person skilled in the planning, superintending, and practical installation of building mechanical systems and familiar with the laws, rules, and regulations governing the same. This definition may be construed to mean any person who has qualified and is licensed under the state as a mechanical contractor, who may operate as an individual, a firm, partnership, limited liability company, or corporation to engage in the business of installing, repairing, or altering mechanical systems, or the business of contracting to do mechanical work, or furnish labor and/ or labor and materials for the installation, repair, maintenance, or renovation of mechanical systems, according to the requirements of the Mechanical License Act.
  2. License required. It is unlawful for any person to engage in the business, trade, or occupation of a mechanical contractor (otherwise known as a master mechanic), or of a journeyman mechanic, or of a mechanic's apprentice, in the town, unless he or she is licensed by the state and has a current and valid license issued by the state.

(Prior Code, § 10-7-2) (Ord. 2008-001, passed 2-11-2008) Penalty, see § 151.99

  1. Permit required. No mechanical work shall be undertaken without a permit from the Building Director/Code Officer.
  2. Application for permit. The application for such work must follow provisions of § 150.02 of this title.
  3. Fees. The schedule of permit fees may be set by the Board of Trustees. Such payment will be made upon application.

(Prior Code, § 10-7-3) (Ord. 2008-001, passed 2-11-2008) Penalty, see § 151.99

Inspections for the work must conform to the guidelines set forth in the town code.

(Prior Code, § 10-7-4) (Ord. 2008-001, passed 2-11-2008)

  1. Whoever violates any provision of this chapter for which no specific penalty is otherwise provided, shall be subject to § 10.99.
  2. Any person who shall violate any provisions of §§ 151.01 through 151.04 shall, upon conviction, be fined not less than $100 or not more than $500. Each day of such violation shall constitute a separate offense.

(Ord. 2023-012, passed 2-13-2023)

152.01 Definition
152.02 Housing Standards
152.03 Manufactured And/Or Mobile Homes Prohibited
152.04 Restrictions In Residential Districts
152.99 Penalty

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

DWELLING, MANUFACTURED OR MOBILE HOME.

  1. A structure transportable in one or more sections which, in the traveling mode, is eight body feet (2,438 body mm) or more in width or 40 body feet (12,192 body mm) or more in length or, when erected on site, is 320 or more square feet (30 m2), and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Such term shall include any structure which meets all the requirements of this division (1) except the size requirements with respect to which the manufacturer voluntarily files a certification required by the Secretary (HUD) and complies with the standards established under this title.
  2. For mobile homes built prior to June 15, 1976, a label certifying compliance with the standard for mobile homes, NFPA 501, ANSI 119.1, in effect at the time of manufacture is required.
  3. For the purpose of this chapter, a MOBILE HOME shall be considered a MANUFACTURED HOME.

(Prior Code, § 10-5-1) (Ord. 1997-3-1, passed 3-10-1997)

  1. HUD Standards. The HUD Mobile Home Construction and Safety Standards shall be the code used for manufactured housing. Any manufactured housing moved into the town shall meet this Code. The HUD Mobile Home Construction and Safety Standards of December 18, 1975, as amended and supplemented by the Department of Housing and Urban Development, is hereby adopted by reference and shall be the standard required for any dwelling structure moved into the town. One copy of the HUD Mobile Home Construction and Safety Standards is on file in the office of the Town Clerk.
  2. International codes. The sections governing manufactured housing in the International Building Code, 2000 edition, and in the International Residential Code, 2000 edition, as recommended by the International Code Council, Inc., shall apply. In such instances where said codes and the standards set forth below are in conflict, the more strict or stringent standard shall apply. One copy of each code is on file in the office of the Town Clerk.
  3. Foundation. Every mobile home shall be placed upon a six-inch thick portland cement concrete foundation that is the length of the frame of the mobile home. The foundation shall be a pad that is the width of the mobile home.
  4. Anchors and tie downs.
    1. Every mobile home, if occupied as a permanent residence, must be anchored and tied down for safety purposes in a manner equivalent to the following:

      Length Of Mobile Home
      Number Of Frame Ties Per Side
      Up to 30 feet2
      30 to 50 feet3
      50 to 70 feet4
      Over 70 feet5
      Over the home ties shall also be installed as close to each end as possible with straps at studs and rafter locations
    2. All ties attached to concrete pad or ribbon must be located in footings or foundation piers.
    3. All anchors must be of a "man earth" type or equal, and must be installed to have a holding capacity of 4,800 to 5,700 pounds. The Building Director/Code Officer will be responsible for checking each coach installation for the determination of safety of anchoring.
  5. Skirting and stabilizing.
    1. Skirting shall be provided on all mobile homes; however, such skirting shall not permanently attach the coach to the ground.
    2. Stabilizers shall be placed under the frame of the coach to prevent movement of the springs while the coach is parked and occupied.

(Prior Code, § 10-5-2) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 152.99

  1. Subdivisions. No manufactured or mobile home is allowed in any subdivision in the town whose restrictive covenants prohibit manufactured and/or mobile homes within its boundaries. Manufactured and/or mobile homes that are in these subdivisions at the time this section is enacted are allowed to remain. However, if such manufactured or mobile home is moved off of the property or destroyed beyond repair, then no new manufactured or mobile home may be located thereafter on that property.
  2. Near historic areas. No manufactured or mobile home is allowed within 300 feet of the Fort Gibson Military Park or within the HL Historic Landmark District and/or the HP Historic Preservation District.

(Prior Code, § 10-5-3) (Ord. 1999-4-1, passed 4-28-1999) Penalty, see § 152.99

  1. Criteria to allow manufactured and/or mobile homes. Manufactured and/or mobile homes are not allowed in R-1 Single-Family Residential Districts, R-2 Two-Family Residential Districts, and R-3 Multi-Family Residential Districts, unless the following criteria are met.
    1. Replacement homes. Manufactured and/or mobile homes will only be allowed in R-1, R-2, and R-3 districts if the property owner is replacing an existing manufactured or mobile home on the specific lot from which the existing manufactured or mobile home was located prior to its removal or destruction.
    2. Area. The new manufactured or mobile home that is located on the property must be at least 840 square feet.
    3. Compliance with provisions.
      1. All manufactured and mobile homes must meet the requirements for manufactured or mobile homes as specified in this chapter.
      2. All manufactured and mobile homes must meet the zoning regulation requirements for the zoning district in which it is located. (See Chapter 157 of this code.)
  2. Time limit for replacement. There shall not be more than 14 days in between the time an existing manufactured or mobile home is moved off of the property and the time the new manufactured or mobile home is located on the property, unless an extension is granted by the Board of Trustees. If the new manufactured or mobile home is not set onto the property within the 14 days, or during the extension if allowed, as established by this chapter, thereafter, any structure erected on that property must comply with the zoning requirements for the zoning district in which it is located.

(Prior Code, § 10-5-4) (Ord. 1999-4-1, passed 4-28-1999) Penalty, see § 152.99

Any person who violates any provision of §§ 152.03 or 152.04 of this chapter, upon conviction, shall be punishable as provided in § 10.99 of this code.

(Prior Code, § 10-5-5) (Ord. 1999-4-1, passed 4-28-1999)

153 General Provisions
153 Outdoor Advertising Signs And Billboards

153.01 Scope Of Chapter
153.02 Regulations
153.03 Prohibited Signs
153.04 Exempt Signs
153.05 Permit Fees
153.06 Residential Districts
153.07 Commercial Districts
153.08 Central Business District
153.09 Industrial Districts
153.10 Agricultural District
153.11 Historic Landmark And Preservation Districts
153.12 Enforcement And Administration
153.13 Nonconforming Signs
153.14 Sign Removal
153.15 Contractor's Permit

  1. It is the intent of this chapter to control all signs in order to protect property values, to encourage the most appropriate use of land, to secure safety in the streets, to achieve a more desirable living environment, to protect and enhance the attractiveness of the town, and generally to promote the public safety and welfare.
  2. While in most instances signs are erected as an accessory use, they constitute a separate and distinct use of the land upon which they are erected and essentially a use of the visible portion of land adjacent to public streets and sidewalks; therefore, it is the purpose of this chapter:
    1. To regulate the number, size, location, and manner of signs by zoning districts;
    2. To prohibit the erection of signs in such number, size, manner, and location as may create danger to the public by obscuring road signs, warning signs, lawfully required notices, and other signs essential to the safety and convenience of the public;
    3. To prohibit signs which are likely to create unsafe conditions by diverting the attention of motorists from their driving for periods likely to result in accidents; and
    4. To prohibit sign structures which may create a danger of injury to property or person because of the difficulty of keeping the signs and their structure in good repair.

(Prior Code, § 10-8-1) (Ord. 2008-007, passed 12-22-2008)

The following regulations shall apply to all signs in the town unless otherwise exempted.

  1. A sign permit shall be required for the erection, alteration, or reconstruction of any sign except as exempt by this chapter, and provided that no permit shall be required for any change of copy nor for the repainting, cleaning, and other normal maintenance or repair of a sign or sign structure, so long as said sign or sign structure is not modified in shape, size, or dimension in any way.
  2. A sign permit shall not be required for any sign 16 square feet or less in area unless such sign has electrical components or exceeds ten feet in height.
  3. No sign shall be constructed, erected, or maintained unless it is in compliance with the regulations of this chapter.
  4. Signs must be constructed of durable materials, be maintained in good condition, and not be permitted to become dilapidated.
  5. Signs shall be illuminated only by stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighboring premises, unless otherwise allowed in accordance with the provisions of this chapter. They shall not produce more than one foot-candle of illumination four feet from the sign.
  6. Any off-premises sign which advertises an activity, business, product, or service which has ceased operation, existence, or production, or which no longer carries a message, for a period of 180 days shall be removed at the end of said period provided, however, that no such removal shall be required for any such sign maintained in good condition and whose display face is covered uniformly with an opaque, white colored material consisting of plastic, paint, or other durable material. The same period for any portable sign shall be limited to 30 days.
  7. Any on-premises sign which advertises an activity, business, product, or service which has ceased operation, existence, or production, or which no longer carries a message for a period of 180 days shall be removed at the end of said period provided, however, that no such removal shall be required for any such sign maintained in good condition and whose display face is covered uniformly with an opaque, white colored material consisting of plastic, paint, or other durable material.
  8. All signs erected or maintained pursuant to the provisions of this chapter shall be erected and maintained in compliance with all applicable state laws and with the adopted building code, electrical code, and other applicable town codes. In the event of a conflict, the more restrictive provision shall prevail.
  9. Signs which display either constantly or in sequence, by electronically or electrically controlled changes in the same lamp bank, shall be permitted.
  10. No sign shall occupy a parking space required under the minimum standards of the zoning code.

(Prior Code, § 10-8-2) (Ord. 2008-007, passed 12-22-2008) Penalty, see § 10.99

  1. Signs with visible moving, revolving, flashing, or blinking components or visible mechanical movement, except for electronic or mechanical message board signs, unless in the determination of the Chief of Police, said signs do not constitute a hazard to the safety of motorists.
  2. Signs imitating warning signals are prohibited. No sign shall display lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles; nor shall any signs use the words, slogans, dimensional shape and size, or colors of governmental traffic signs.
  3. No signs, except traffic signs and signals, informational signs, erected by a public agency, and decorations displayed in connection with civic, patriotic, or religious holidays are permitted within any street or public right-of-way.
  4. Signs painted or attached to natural features (such as trees or rocks), utility poles, or fences are prohibited.
  5. Fluttering ribbons and banners are prohibited in the right-of-way; banners shall otherwise be allowed in non-residential districts when affixed to metal T-posts.
  6. Signs which obstruct the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare, are prohibited.
  7. Portable signs shall be prohibited unless otherwise provided.
  8. Signs that do not comply with their particular zoning district are prohibited.

(Prior Code, § 10-8-3) (Ord. 2008-007, passed 12-22-2008) Penalty, see § 10.99

The following types of signs are exempt from the provisions of this chapter:

  1. Plaques or tablets, denoting names of buildings and date of erection or names of buildings or dates set out into any masonry surface;
  2. Traffic and other signs erected and maintained by the town or other governmental agency, legal notices, and all other similar signs required by law to be posted or to control traffic flow;
  3. Decorations displayed in connection with civic, patriotic, or religious holidays, and flags, emblems, and insignia of political, civic, philanthropic, religious, or educational organizations displayed for noncommercial purposes, provided the same are not located so as to obstruct the view of motorists;
  4. One nonilluminated "for sale", "for rent", or for sign not exceeding six square feet in area in residential districts and 15 square feet in other than residential districts and located not less than two feet back from the street right-of-way, unless attached to the front wall of a building;
  5. Bulletin boards for public, charitable, or religious institutions when the same are located on the premises of said institutions and less than 18 square feet in area, or unless a portable sign less than 32 square feet in area, and which shall not be located within a public right-of-way or otherwise obstruct the view of motorists;
  6. Home occupation signs not exceeding four square feet and attached flat to the wall of the building;
  7. Temporary signs advertising political candidates or parties involved in public elections, provided that such signs may not be erected before the applicable filing period and shall be removed within ten days following such election; or signs advertising support or opposition to any other public election issue, provided that such signs shall not be erected more than 30 days prior to an election on the issue and shall be removed within ten days following such election. Such signs shall not be placed in public rights-of-way;
  8. Temporary signs advertising events or activities of civic, philanthropic, religious, or educational organizations provided that such signs shall not be erected more than 30 days prior to such event or activity and shall be removed within ten days following such event or activity. Such signs shall not be placed in public rights-of-way;
  9. Window signs and temporary signs shall be exempt from only the permit and licensing requirements specified hereunder and shall not be included in any consideration of sign area;
  10. Any sign existing upon adoption of this chapter within the Central Business District that is attached safely and securely to the front of the building shall be exempt from the provisions of this chapter until such time that said sign is structurally altered or replaced, disfigured or dilapidated whereupon said sign shall come into full compliance with all provisions of this chapter;
  11. Any off-premises sign within a residential district shall be exempt from the provisions of this chapter until such time that said sign is altered or replaced, disfigured or dilapidated, whereupon said sign shall come into full compliance with all provisions herein;
  12. Any existing sign within a commercial district shall be exempt from the provisions of this chapter until such time that said sign is altered or replaced, disfigured or dilapidated, whereupon said sign shall come into full compliance with all provisions herein; and
  13. Any existing sign within an industrial district shall be exempt from the provisions of this chapter until such time that said sign is altered or replaced, disfigured or dilapidated, whereupon said sign shall come into full compliance with all provisions herein.

(Prior Code, § 10-8-4) (Ord. 2008-007, passed 12-22-2008)

  1. Fees.
    1. Plan review fee shall be $10.
    2. Permit fee shall be $80.
      1. For any sign designed, constructed, and used on roofs, an additional fee of $10 shall be assessed.
      2. For signs with electrical components, an additional $50 shall be assessed.
    3. There will be an inspection fee of $20 for the removal of an electrical sign.
  2. Refunds. In the event work does not commence for which a permit has been issued, permit and plan review fees are nonrefundable.
  3. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced.
  4. Placement of permit. The sign permit or copy shall be kept on the site of the work until the completion of the project.

(Prior Code, § 10-8-5) (Ord. 2008-007, passed 12-22-2008)

HISTORY
Amended by Ord. 2025-007 on 10/15/2024

The following signs shall be allowed in residential districts:

  1. Allowed signs.
    1. Real estate signs, construction signs, identification signs, and instructional signs which comply with the number, height, area, manner, and location provisions of the districts, provided that real estate signs be removed within five days after the close of sale; and
    2. Subdivision ground sign, as approved in the final plat. One sign not over 150 square feet in area, advertising sale of property in subdivision, shall not encroach in a required lot, or obstruct the vision of ongoing traffic.
  2. Number, height, area, and location.
    1. Allowed number. Only one identification sign shall be allowed for each zoned lot except that one additional identification sign shall be permitted where the lot has more than one access to a public way, and except that the number of instructional signs shall be limited to the number that is deemed reasonably necessary to instruct and inform the public and where a hazard to traffic is not created as determined by the Chief of Police.
    2. Maximum height above nearest street grade.
      1. Wall signs: 20 feet; and
      2. Ground signs: 15 feet.
    3. Maximum area.
      1. Real estate signs: 12 square feet;
      2. Construction signs: 16 square feet;
      3. Instructional signs: six square feet;
      4. Identification signs: four square feet; and
      5. Political signs: 16 square feet.
    4. Location. Signs shall be located on the same zoning lot as the main building to which they are accessory but may not be located:
      1. Nearer than ten feet to the front lot line;
      2. Nearer than 15 feet to a corner side lot line;
      3. Nearer than six feet to the interior side lot line; or
      4. Nearer than ten feet to the rear lot line of any zoning lot except that instructional signs may be at such locations that are approved.

(Prior Code, § 10-8-6) (Ord. 2008-007, passed 12-22-2008) Penalty, see § 10.99

The following signs shall be allowed in these commercial districts unless otherwise restricted in this chapter:

  1. Any sign allowed in a residential district and subject to the same regulations as to number, height, location, manner, and area unless otherwise specified;
  2. Commercial signs, temporary signs, portable signs, or any other sign meeting the number, height, area, manner, and location provisions of these districts;
    1. Allowed number. There shall be no more than two nonprojecting wall signs;
    2. Height and location. A ground sign shall not exceed 30 feet in height. A ground sign must be set back a minimum of ten feet from the edge of the street or curb and in no case within the public right-of-way;
    3. Area. An aggregate display surface area of roof, projecting wall, nonprojecting wall, or ground signs shall be computed as follows:
      1. If not more than two signs are erected, two and one-half square feet of display surface area per each linear foot of street frontage shall be the maximum area allowed; and
      2. If more than two signs are erected, one and one-half square feet of display surface area per each linear foot of street frontage shall be the maximum area allowed.
    4. Manner.
      1. Wall signs, ground signs, and roof signs shall be allowed.
      2. Portable signs which meet the following requirements shall be allowed in the districts, C and above, unless specifically excluded in the district:
        1. The sign must be located at least 150 feet from a residentially zoned lot, or meet the restrictions of § 153.06(B)(4) of this chapter;
        2. The sign shall not be allowed within the sight triangle;
        3. The sign must not be located within 150 feet from a park or a historical landmark or preservation district designated by the Planning Commission;
        4. The sign must be set back a minimum of 20 feet from the edge of the street or curb and in no case within the public right-of-way;
        5. An off-premises sign must be located no closer than 200 feet to any portable sign on the same side of the road, and located no closer than 100 feet of a line drawn perpendicular to the right-of-way from another such sign on the opposite side of the roadway; and
        6. No more than one portable sign per street frontage may be displayed at any time on any single property. Strip centers, shopping centers, malls, or other properties with multiple spaces for lease whether attached or detached shall be considered a single property.

(Prior Code, § 10-8-7) (Ord. 2008-007, passed 12-22-2008) Penalty, see § 10.99

The following signs shall be allowed in the Central Business District. Projecting wall signs, which meet the following requirements, shall be allowed to encroach upon the public right-of-way provided the following conditions are met.

  1. The sign shall be attached to the face of the building.
  2. The sign shall extend beyond the face of the building a distance equal to not more than two-thirds the width of the adjoining sidewalk and in no case shall it protrude within two feet of the curb line.
  3. The lowest point of the sign shall be located at a minimum height of nine feet above grade.
  4. The highest point of the sign shall not exceed 25 feet in height.
  5. The sign shall have a maximum display area of 50 square feet if one-sided or a maximum display area of 100 square feet if two-sided, and shall not exceed the height of the building.
  6. The use of red, green, or amber illumination in connection with any sign shall not be permitted within 100 feet of an intersection. Any use of red, green, or amber illumination in connection with any sign must be so located that it in no way creates a confusion with any traffic signal or may be interpreted by any motorist as a signaling device.

(Prior Code, § 10-8-8) (Ord. 2008-007, passed 12-22-2008) Penalty, see § 10.99

The following signs shall be allowed in these districts:

  1. Any sign allowed in a residential district or commercial district and subject to the same regulations as to number, height, location, manner, and area unless otherwise specified in this section;
  2. On-premises signs which do not exceed or violate the following display surface area, height, and location provisions:
    1. Area. An aggregate display surface area of roof, projecting wall, nonprojecting or ground signs shall be computed as follows:
      1. If not more than two signs (whether a roof, projecting wall, or ground sign) are erected, three square feet of display surface area per linear foot of street frontage shall be the maximum area allowed;
      2. If more than two signs are erected, two square feet of display surface area per each linear foot of street frontage shall be the maximum area allowed; and
      3. In the event the ratio of the linear foot of street frontage to display surface area is deemed unreasonable, the maximum allowable display surface area will be determined by the amount of frontage abutting the street and will be subject to the approval of the Building Inspector.
    2. Height and location. A ground sign shall not exceed 30 feet in height unless the sign is set back one foot from the front property line for each foot of height exceeding 30 feet provided the sign shall not exceed 50 feet, except a sign can be a maximum of 60 feet in height when it abuts a highway which is elevated ten feet or more above grade at the sign base.
  3. Off-premises signs shall be allowed in the highway commercial corridor if they meet the following requirements on area, height, manner, and location.
    1. Location.
      1. Said sign will be allowed in the highway commercial corridor.
      2. Said signs shall be oriented to be primarily visible from those streets designated in the highway commercial corridor.
      3. Said signs shall be located no closer than 600 feet to any other sign which exceeds the display surface area on the same side of the road and shall be permitted only on lots having a street frontage of 100 feet or more.
      4. Said signs shall not be located within 150 feet of a public park.
      5. Said signs shall not be located within 150 feet of a residential district unless, at the time of adoption of this chapter, such signs exist and otherwise are in conformance with all other provisions of this section.
      6. Said sign cannot be located within 100 feet of a line drawn perpendicular to the right-of-way from another such sign on the opposite side of the roadway.
      7. Said sign shall not be located, constructed, or extended into any public right-of-way.
    2. Height.
      1. No sign shall exceed 50 feet in height except a sign can be a maximum of 60 feet in height when it abuts a highway which is elevated ten feet or more above grade.
      2. Height measurements shall be made from the grade level at the base of the sign structure support nearest the street, straight upward to the highest point of the sign facing, excluding embellishments and extensions.
    3. Area. No sign shall contain more than two sides, nor shall the total display surface area for each side exceed 675 square feet. The two sides shall face in opposite directions. "Opposite" shall, in addition to its ordinary meaning, include V-shaped signs when not more than 15 feet separates the open side of the display surface.
    4. Manner.
      1. No such sign shall contain flashing, blinking, or traveling lights, bare bulb illumination, or reflective glitter.
      2. No such sign shall contain visible moving parts on the cutout or extension portion of the sign.
      3. Cutouts or extensions shall be permitted in addition to the display surface area permitted herein, so long as the cutouts or extensions do not exceed 15% of the display surface area.
      4. No sign permit shall be issued until a copy of the required state permit has been provided.

(Prior Code, § 10-8-9) (Ord. 2008-007, passed 12-22-2008) Penalty, see § 10.99

Because of the nature and locations of the agricultural districts, all sign permit applications will be considered on an individual basis and approval will be given by the Building Inspector upon determining that the sign in question will not have an adverse affect on the adjacent zoning and that it would be beneficial to the town as a whole for the sign in question to exist.

(Prior Code, § 10-8-10) (Ord. 2008-007, passed 12-22-2008)

All external signs and advertising displays shall be prohibited, except for identification by one wooden sign that is consistent with the design guidelines for the historic landmark districts in the town. The sign shall be three feet tall, and shall be no more than six square feet in area, may have no more than two 50-watt light bulbs and shall be within three to ten feet straight back from the roadway. Any nonconforming sign that deviates from these conditions must be approved by the Board of Trustees.

(Prior Code, § 10-8-11) (Ord. 2008-007, passed 12-22-2008)

  1. The Building Inspector, Code Officer, or other designee shall enforce this chapter and shall have the authority to issue citations to any person, firm, or corporation which violates this chapter in any matter.
  2. The duties and powers of the Building Inspector and/or the Code Officer shall be:
    1. The Building Inspector or Code Officer shall receive all applications for building permits for the erection of signs;
    2. Inspections shall be made as required by the Building Inspector or Code Officer;
    3. To require any information necessary to determine the conformity of the application with the regulations of this chapter and building codes. This information may include:
      1. Area of the sign;
      2. Size, character, general layout, and design specifications for proposed signs which may include drawings provided by a licensed design professional for any sign which exceeds 64 square feet in area or 15 feet in height;
      3. The method and type of illumination, if any;
      4. The location proposed for such signs in relation to property lines, zoning district boundaries, right-of-way lines, and existing signs;
      5. Location of other signs within 600 feet of the same side of the roadway or opposite side of the roadway, if necessary;
      6. Payment of fee to obtain building permit; and
      7. Approval of landowner.
    4. A final inspection shall be made by the Building Inspector or Code Officer to ensure that the erection and completion of the proposed sign and structure conforms in all respects to the provisions of this title and other applicable regulations.

(Prior Code, § 10-8-12) (Ord. 2008-007, passed 12-22-2008)

  1. A nonconforming sign lawfully existing at the time of the passage of this chapter may be continued and maintained by reasonable repairs unless:
    1. The sign is deemed unsafe;
    2. The sign is located in the sight triangle and obstructs the view of motorists;
    3. The sign is in 50% disrepair;
    4. The sign cannot be maintained in conformance with the building, electrical, and fire codes;
    5. The sign is in a required parking space or is located within ten feet of the edge of the street, or in the case of portable signs, is located within 20 feet of the edge of a street or in the public right-of-way;
    6. The sign is deemed abandoned; or
    7. The sign is an off-premises or noncommercial sign outside the highway commercial corridor unless otherwise provided.
  2. The off-premises or noncommercial sign mentioned above may be continued for ten years only. The other nonconforming signs mentioned above must be removed as provided in § 153.14, of this chapter.

(Prior Code, § 10-8-13) (Ord. 2008-007, passed 12-22-2008) Penalty, see § 10.99

The Building Inspector or Code Officer shall order the removal of an illegal sign or signs otherwise required to be removed after notice herein provided or as provided in the applicable building, electrical, or fire codes. Such notice shall be to the owner by registered mail or written notice served personally. If such sign is not removed within 30 days or the time provided in the building codes, the inspecting officer may remove or cause to be removed such sign at the expense of the owner thereof. Signs placed in the rights-of-way may be removed immediately by the town with the cost of removal to be borne by the owner of the sign.

(Prior Code, § 10-8-14) (Ord. 2008-007, passed 12-22-2008)

  1. No person, firm, or corporation shall engage in the business of installing, erecting, moving, or maintaining any sign exceeding 16 square feet in area, or any sign having electrical components or exceeding ten feet in height, within the town unless said person, firm, or corporation has been issued a town sign permit.
  2. The Town Administrator or their designee shall, after notice and hearing, have the right to revoke any permit issued under these provisions if the contractor, agent, representative, or employee thereof, violates or permits the violation of any ordinance relating to the sign(s) in question.

(Prior Code, § 10-8-15) (Ord. 2008-007, passed 12-22-2008) Penalty, see § 10.99

153.30 Signs Conditionally Permitted In Certain Districts

Outdoor advertising signs or billboards will be permitted in the C-2 General Commercial District; C-3 Heavy Commercial District; I-1 Light Industrial District and I-2 Heavy Industrial District, subject to the following use conditions.

  1. Site plan review. Signs shall be permitted according to site plan review of a surveyed and scaled site plan of the location which the sign is permitted and that it meet all provisions of the zoning code and adopted building codes.
  2. Distance from other signs.
    1. An outdoor advertising sign shall be separated a minimum distance of 1,200 feet from any other outdoor advertising sign.
    2. An outdoor advertising sign shall maintain a minimum separation of 50 feet from any roof, projecting, or ground sign.
  3. Distance from parks. No outdoor advertising sign shall be located within 150 feet of a public park.
  4. Setback requirements when in view of residences. Outdoor advertising signs, if visible from an R district other than a street or highway right-of-way, or if visible from a designated residential development area, shall be set back from such district or area a minimum distance as follows:
    1. One hundred fifty feet, if display surface area is 300 feet or less; or
    2. Two hundred feet, if the display surface area is greater than 300 feet.
  5. Interference with traffic.
    1. No outdoor advertising sign or portion thereof shall be permitted in the right-of-way of any street or abridge the setbacks in the major street plan, except authorized traffic signals, signs, or devices.
    2. All signs shall maintain a sight triangle for traffic hazard purposes of 35 feet from the intersection of pavement. Point of intersection shall be measured from the edge of pavement. Portable signs shall be included in the requirement to maintain a sight triangle and shall be set back 20 feet for traffic hazard abatement. Signs, when located in such a manner so as to prevent any motorists from obtaining a clear view of approaching vehicles for a distance of 500 feet along a public right-of-way, are prohibited.
    3. No outdoor advertising sign is permitted to be located upon or constructed within a required parking space or loading berth, nor to otherwise obstruct vehicular or pedestrian access or circulation, or pose any other hazard to motor vehicle traffic exiting, entering, or traveling within the site on which the sign is located.
  6. Number of sides. No outdoor advertising sign shall contain more than two sides, and only one side shall be included in the computation of display surface area. The two sides shall face in opposite directions. OPPOSITE shall, in addition to its ordinary meaning, include V-shaped signs when the angle of separation of the display surfaces does not exceed 30 degrees.
  7. Illumination.
    1. No outdoor advertising sign shall contain flashing, blinking, or traveling lights or reflective glitter. All illumination shall be by constant light.
    2. Illumination on the face of outdoor advertising signs is not permitted to exceed 70 foot-candles measured at a two-foot distance.
  8. Display surface area requirements. The maximum display surface area of ground signs in a commercial or industrial district shall be limited to an aggregate of one square foot of display area per each linear foot of street frontage; provided, that no single sign shall exceed 300 square feet. The minimum number of business and outdoor advertising signs per lot of record, but exclusive of business and wall signs and promotional business signs, shall be one per 150 feet of arterial street frontage or fraction thereof.
  9. Cutouts and extensions. Cutouts and extensions shall be permitted in addition to the display surface area permitted herein, so long as the cutouts or extensions do not exceed 15% of the display surface area.
  10. Supports. No outdoor advertising sign shall be supported by more than one post or column.
  11. Height. No outdoor advertising sign can exceed 35 feet in height except by approval of the Board of Adjustment when the freeway is elevated ten feet or more above grade, but in no case can any sign exceed 50 feet in height.
  12. Changes in use. A sign permitted as a business sign shall not thereafter be changed to an outdoor advertising sign without a permit therefor; nor shall a sign permitted as an outdoor advertising sign be changed to a business sign without a permit therefor.

(Prior Code, § 10-6-1) (Ord. 05-03-2001, passed 5-29-2001; Ord. 2008-007, passed 12-22-2008) Penalty, see § 10.99

154 Planning Commission
154 Historic Preservation And Landmark Regulations

154.01 Commission Created; Membership; Appointment And Terms
154.02 Qualifications Of Members
154.03 Vacancies And Removals
154.04 Organization And Rules
154.05 Compensation
154.06 Powers And Duties
154.07 Plats And Subdivisions
154.08 Procedures
154.09 Staff And Expenditures
154.10 Planning Commission Serve As Zoning Commission

A Planning and Zoning Commission may be created for the town. It shall consist of five appointive members, all of whom shall be residents of the town, and the Town Engineer (if any) and Town Administrator as ex officio members. The appointive members shall be nominated by the Mayor and said nominations shall be confirmed by the Board of Trustees and shall serve for terms of three years. Of the original appointive members, one shall serve for a term of one year; two shall serve for a term of two years; and two shall serve for a term of three years. Members appointed at the expiration of such terms shall be appointed for a term of three years. Such nominees shall be confirmed by a majority of the Board of Trustees. Nothing herein shall prohibit a member of the Board of Trustees from being nominated and confirmed as set forth herein above. However, any such Trustee who is confirmed as a member of the Commission shall recuse from any and all discussion and voting regarding any issue appearing on an agenda of the Board of Trustees that originated or is otherwise presented as a result of nay action and /or recommendation of the Commission.

(Prior Code, § 11-1-1) (Ord. 1997-3-1, passed 3-10-1997) (as amended by Ord. 2025-019, passed on 4-14-2025)

The members of the Planning Commission shall be appointed from residents of the town, and an effort shall be made to secure the services of persons best qualified to plan for the growth, development, and improvement of the town, and in the orderly development of planning for the town as a whole.

(Prior Code, § 11-1-2) (Ord. 1997-3-1, passed 3-10-1997)

Vacancies shall be filled for the unexpired terms. The Board of Trustees may remove members of the Commission for cause.

(Prior Code, § 11-1-3) (Ord. 1997-3-1, passed 3-10-1997)

  1. Officers. Immediately after the appointment and qualification of the members of the Planning Commission, the Commission shall meet and elect one of their number as Chairperson and one of their number as Vice Chairperson and one of their number, or another person chosen by the Commission, as Secretary. Such officers, when so elected, shall serve in their respective capacities for a term of one year, or until their successors are elected and qualified.
  2. Meetings and rules. The Planning Commission shall prescribe the rules and regulations governing and controlling the transaction of business before it, and shall determine a date and time each month for regular meetings. Special meetings may be called at any time by the Chairperson or any three members of the Commission.

(Prior Code, § 11-1-4) (Ord. 1997-3-1, passed 3-10-1997)

The members of the Planning Commission shall serve without compensation.

(Prior Code, § 11-1-5) (Ord. 1997-3-1, passed 3-10-1997)

  1. The Planning Commission shall have all the powers and duties prescribed for it by state law and all other powers and duties now or hereafter prescribed for it by any other provision of ordinance or law, including, but not limited to, the following:
    1. To investigate and recommend to the Mayor and Board of Trustees suitable zoning ordinances for the town;
    2. To investigate and make recommendations concerning the physical development, growth, improvement, convenience, and beautification of the town; and
    3. To investigate all matters relating to the location and development of parks, recreation, places, streets, public grounds, location and design of public buildings and public structures, and to make a report of its findings on any proposed or contemplated project relative to any of the above matters to the Board of Trustees.
  2. All findings and recommendations of the Planning Commission affecting private property shall be submitted in writing to the Board of Trustees for its examination, approval, or rejection.

(Prior Code, § 11-1-6) (Ord. 1997-3-1, passed 3-10-1997)

No platting of unplatted property in the town, and no replatting of any existing subdivisions in the town shall be permitted until such plat or subdivision shall be presented to the Planning Commission. Upon such proposed plat or subdivision being presented to the Planning Commission, the Commission shall, within 60 days, make its findings and recommendations to the Board of Trustees concerning the adoption, modification, or rejection of said platting, replatting, or subdivision.

(Prior Code, § 11-1-7) (Ord. 1997-3-1, passed 3-10-1997)

All projects or matters that fall within the purview of the duties of the Planning Commission, as herein specified, that may come before the Board of Trustees shall be referred to the Planning Commission for investigation and report before any final action is taken thereon. If the Planning Commission shall fail to make an investigation and report on any matter or subject referred to it for a period of 60 days, such failure shall be considered a refusal to approve the proposed plan or project, and the Board of Trustees may thereupon act upon such proposal, plan, or project as though such matter had not been referred to the Planning Commission.

(Prior Code, § 11-1-8) (Ord. 1997-3-1, passed 3-10-1997)

  1. The Planning Commission may employ engineers, attorneys, clerks, and other help deemed necessary, subject to the approval of the Board of Trustees. Their salaries and compensation shall be fixed by the Board of Trustees and shall be paid out of the town treasury as other salaries and compensation are paid. The necessary legal expenses shall be paid out of the town treasury as other legal expenses of the town government are paid.
  2. The Planning Commission shall, as required, make application to the Board of Trustees for the funds that may be necessary for the Planning Commission to expend in order to carry out its duties as herein specified.

(Prior Code, § 11-1-9) (Ord. 1997-3-1, passed 3-10-1997)

  1. The Planning Commission is hereby appointed the Zoning Commission of the town, and the Planning Commission shall have the powers of a Zoning Commission as provided by state law. Whether exercising the powers of a Planning Commission or the powers of a Zoning Commission, it shall be legally one board known as the Planning Commission. The members of the Planning Commission shall also serve as members of the Zoning Commission.
  2. Exercising the powers of a Zoning Commission, the Planning Commission shall recommend the boundaries of the various zones and appropriate zoning regulations to be enforced therein. It shall have all the powers conferred upon a Zoning Commission by state law and all powers which now or in the future may be granted by applicable state law to such authorities.

(Prior Code, § 11-1-10) (Ord. 1997-3-1, passed 3-10-1997)

154.25 Short Title
154.26 Application Of Provisions
154.27 Purpose
154.28 Definitions
154.29 Historic Preservation And Landmark Commission
154.30 HL Historic Landmark District
154.31 HP Historic Preservation District
154.32 Designation Procedure And Criteria
154.33 Certificate Of Appropriateness
154.34 Demolition Or Removal
154.35 Minimum Maintenance
154.36 Commission Review Required; Appeals
154.37 Taxes
154.99 Penalty

This subchapter shall be known and may be cited as the Historic Preservation and Landmark Ordinance.

(Prior Code, § 11-2-1) (Ord. 1997-3-1, passed 3-10-1997)

  1. All of the provisions of this subchapter shall be applicable to the Historic Preservation and Landmark District created by Ordinance 1983-7-1, section 4-44.6, and as set forth in this chapter.
  2. The requirements, provisions, and purposes of this subchapter shall apply to all property owned by the town or any other public agency. Designation pursuant to this chapter shall not affect the validity of prior actions of the Board of Trustees approving plans, programs, or authorizations for public trusts, agencies, or authorities of the town without an express amendment of such plan, program, or authority.

(Prior Code, § 11-2-2) (Ord. 1997-3-1, passed 3-10-1997)

The town hereby declares that the historic, architectural, cultural, and aesthetic features of the town represent some of the finest and most valuable resources of the town, and such resources are the embodiment of the heritage of the people of the town, state, and nation. Therefore, it is hereby declared that the purpose of this subchapter shall be to:

  1. Promote the creation of historic districts and landmarks for the education, cultural, economic, and general welfare of the public through the preservation, protection, and regulation of buildings, sites, monuments, structures, and areas of historic interest or importance within the town;
  2. Safeguard the heritage of the town by preserving and regulating historic landmarks and districts which reflect elements of its cultural, social, economic, political, and architectural history;
  3. Preserve and enhance the environmental quality of neighborhoods;
  4. Strengthen the town's economic base by the stimulation of conservation and reuse;
  5. Establish and preserve property values;
  6. Foster economic development;
  7. Ensure the harmonious, orderly, and efficient growth and development of the town;
  8. Promote the use of historic landmarks and districts for the culture, prosperity, education, and welfare of the people of the town and visitors to the town; and
  9. Establish a preservation plan to accomplish the objectives of this subchapter.

(Prior Code, § 11-2-3) (Ord. 1997-3-1, passed 3-10-1997)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ARCHAEOLOGICAL RESOURCES. A distinctive geographical area which has yielded information or is likely to yield information (based on physical evidence) which should be developed or preserved according to a plan based on a cultural, historic, or architectural motif.

ARCHITECTURAL RESOURCES. Districts, structures, buildings, monuments, sites, or landscaping that possess local interest or artistic merit, or which are particularly representative of their class or period, or represent achievements in architecture, engineering technology, design, or research and development.

CERTIFICATE OF APPROPRIATENESS. An official document issued by the Historic Preservation and Landmark Commission authorizing work within a historic landmark district.

COMMISSION. The Historic Preservation and Landmark Commission of the town.

DESIGN GUIDELINES. Criteria developed by the Commission to assist property owners in making sound historic preservation decisions in the treatment of a historic property.

HISTORIC DISTRICT. A geographically definable area with a concentration or linkage of significant sites, buildings, structures, or monuments that are unified historically, architecturally, or archaeologically.

HISTORIC RESOURCES. Sites, districts, structures, buildings, or monuments that represent facets of history in the locality, state, or nation; places where significant historic or unusual events occurred; places associated with a personality or group important to the past.

LANDMARK. An individual structure, building, site, or monument which contributes to the historic, architectural, or archaeological heritage of the town.

PLANNING COMMISSION. The Town Planning Commission.

PRESERVATION. The adaptive use, conservation, protection, reconstruction, restoration, rehabilitation, or stabilization of sites, buildings, districts, structures, or monuments significant to the heritage of the people of the town, state, and nation.

  1. ADAPTIVE USE. The restrained alteration of a historic or architectural resource to accommodate uses for which the resource was not originally constructed, but in such a way so as to maintain the general historic and architectural character.
  2. CONSERVATION. The sustained use and appearance of a resource essentially in its existing state.
  3. PROTECTION. The security of a resource as it exists through the establishment of the mechanisms of this subchapter.
  4. RECONSTRUCTION. The process of recreating or reproducing by new construction all or part of the form and detail of a vanished resource as it appeared at a specified period in time.
  5. REHABILITATION. The process of returning an historic or an architectural resource to a state of efficiency or soundness by repair or alteration designed to encourage its continued use but without noticeably changing the exterior appearance of the resource.
  6. RESTORATION. The process of accurately recovering all or a part of the form and detail of a resource and its setting as it appeared at a particular period of time by means of the removal of later work and the replacement of missing earlier work.
  7. STABILIZATION. The process of applying measures designed to halt deterioration and to establish the structural stability of an unsafe or deteriorated resource while maintaining the essential form as it presently exists without noticeably changing the exterior appearance of the resource.

SIGNIFICANT CHARACTERISTICS OF HISTORIC OR ARCHITECTURAL RESOURCES. Those characteristics which are important to or expressive of the historic, architectural, or cultural quality and integrity of the resource and its setting, and which include, but are not limited to, building material, detail, height, mass, proportion, rhythm, scale, setback, setting, shape, street accessories, and workmanship.

  1. BUILDING MATERIALS. The physical characteristics which create the aesthetic and structural appearance of the resource, including, but not limited to, a consideration of the texture and style of the components and their combinations, such as brick, stone, shingle, wood, concrete, or stucco.
  2. DETAIL. Architectural aspects which, due to particular treatment, draw attention to certain parts or features of a structure.
  3. HEIGHT. The vertical dimension of a given structure, building, or monument.
  4. PROPORTION. The relative physical sizes within and between the buildings and building components.
  5. RHYTHM. A regular pattern of shapes including, but not limited to, windows, doors, projections, and heights, within a building, structure, or monument, or a group of same.
  6. SCALE. The harmonious proportion of parts of a building, structure, or monument to one another and to the human figure.
  7. SETTING. The surrounding buildings, structures, monuments, or landscaping which provide visual aesthetic or auditory quality of the historic or architectural resources.
  8. SHAPE. The physical configuration of structures, buildings, or monuments and their component parts including, but not limited to, roofs, doors, windows, and facades.
  9. SITE. The place, scene, or point of something.
  10. STREET ACCESSORIES. Those sidewalk or street fixtures which provide cleanliness, comfort, direction, or safety, are compatible in design to their surroundings, and include, but are not limited to, trash receptacles, benches, signs, lights, hydrants, and landscaping, including, but not limited to, trees, shrubbery, and planters.
  11. STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having a permanent location on the ground. This includes, but is not limited to, buildings, fences, walls, driveways, sidewalks and parking areas.
  12. WORK. Any changes to any existing building, structure, or lot, or any portion thereof, including, but not limited to, the erection, construction, reconstruction, renovation, alteration, painting, removal, or demolition of a building, structure, or lot, irrespective of whether or not a building permit is required.
  13. WORKMANSHIP. A level of quality exhibited in the construction, detailing, or design of a historic resource.

(Prior Code, § 11-2-4) (Ord. 1997-3-1, passed 3-10-1997)

  1. Commission created; membership; appointment. There is hereby created the Historic Preservation and Landmark Commission of the town, to be composed of five members, who shall be appointed by the Mayor with the consent and approval of the Board of Trustees.
  2. Eligibility. The Commission members shall be interested in the history and heritage of the town and in the preservation of the same.
  3. Terms of office; vacancies and removals. The terms of membership shall be five years. The members first appointed shall be as follows: one member shall serve for a term of one year, one member shall serve for a term of two years, one member shall serve for a term of three years, one member shall serve for a term of four years, and one member shall serve for a term of five years. Any vacancy occurring in the Commission shall be filled by appointment by the Mayor of a person to serve for the unexpired term. All members shall be appointed and serve at the pleasure of the Board of Trustees. Members of the Commission may be removed by the Board of Trustees.
  4. Organization and rules.
    1. Rules. The Commission shall be empowered to adopt rules for the conduct of its business.
    2. Chairperson. The Mayor shall appoint a Chairperson who shall serve for one year and who shall be eligible for reappointment.
    3. Open meetings. All meetings of the Commission shall be open to the public.
    4. Procedures. Any person, or his or her duly appointed representative, shall be entitled to appear and be heard on any matter before the Commission. The Commission shall keep a record of its proceedings, a copy of which shall be filed for public view in the office of the Town Clerk.
    5. Quorum. A majority of the voting members of the Commission shall constitute a quorum, and action taken at any meeting shall require the affirmative vote of a majority of the voting members of the Commission.
  5. Duties. Unless otherwise specified in this subchapter, the duties of the Historic Preservation and Landmark Commission shall be as follows:
    1. Prepare, or cause to be prepared, a comprehensive inventory of historic, architectural, and, archaeological resources within the town;
    2. Prepare, or cause to be prepared, a general historic preservation plan to be incorporated within the comprehensive plan;
    3. Prepare findings of fact relating to the recommendation for designation of historic, architectural, and archaeological resources;
    4. Prepare findings of fact pursuant to action taken by the Commission relating to certificates of appropriateness;
    5. Make recommendations to the Board of Trustees concerning the acquisition of development rights, facade easements, and the development of historic preservation plans;
    6. Make recommendations to the Board of Trustees concerning grants from federal and state agencies, private groups and individuals, and the utilization of historic, architectural, or archaeological resources; and, when so directed by the Board of Trustees, the Commission may oversee historic projects or programs;
    7. Recommend to the Board of Trustees the need for employing staff and making contracts with technical experts for the furtherance of the Commission's work;
    8. Promulgate to the Board of Trustees rules governing the meetings of the Commission and standards for materials presented to the Commission;
    9. Increase public awareness of the value of historic, architectural, or archaeological resources by developing and participating in public information programs and by recommending the update of the preservation program and by the giving of advice to owners or residents of such resources as to the problems and techniques of preservation work; and further, by placing monuments and markers at historic sites as chosen by the Commission;
    10. Keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings of fact, determinations, and decisions;
    11. Make recommendations to the Board of Trustees regarding historic designations, certificates of appropriateness, and amendment and enforcement of this subchapter;
    12. Comment and make recommendations concerning actions undertaken by other town agencies or actions of other governmental units with respect to the effect of such actions upon historic, architectural, and archaeological resources;
    13. Conduct periodic reviews of the status of designated landmarks and historic districts and provide periodic reports on the findings of said review, along with any resolutions for action as considered appropriate, to the Board of Trustees; and
    14. Any other functions imposed by this subchapter or which may be specified by the Board of Trustees.

(Prior Code, § 11-2-5) (Ord. 1997-3-1, passed 3-10-1997)

  1. Creation of District. Historic Landmark (HL) Districts may be created upon recommendation of the Historic Preservation and Landmark Commission.
  2. Designated on zoning map. Tracts, buildings, or sites within designated Historic Landmark Districts shall be identified on the official zoning map of the town.
  3. District regulations. The following regulations shall be applicable to the Historic Landmark Districts and shall control the use of all properties within such districts.
    1. Certificate of appropriateness required for construction, alteration, moving and demolition.
      1. The erection, moving, demolition, reconstruction, restoration, or alteration of any structure is prohibited unless a certificate of appropriateness is granted by the Historic Preservation and Landmark Commission.
      2. Work related to the following shall not require a certificate of appropriateness:
        1. Ordinary maintenance and repair which shall include the removal, installation, or replacement of guttering; the removal or replacement of roof covering with like material; and the application of any paint color to nonmasonry surfaces;
        2. Interior of buildings and structures;
        3. Portions or parts of buildings, structures, or sites not visible from adjoining streets;
        4. Accessory structures or buildings, such as storage sheds, garages, decks, patios, fencing, swimming pools and pool houses which are not part of the primary structure; provided, however, such structures and buildings are not located in front yards;
        5. Installation of radio or television antenna;
        6. General landscape maintenance and planting of new organic materials; or
        7. Work required for temporary stabilization of a building structure due to damage.
    2. Maintenance and repair.
      1. All structures and grounds shall be maintained in good condition in keeping with the historic nature of the site designated.
      2. All interior portions of structures shall be kept in such good repair to the extent necessary to prevent structural deterioration.
      3. Nothing in this subchapter shall be construed to prevent ordinary maintenance or repair of any structure except exterior change.
    3. Outside storage prohibited. Outside storage of materials or supplies on a permanent basis is prohibited.
    4. Advertising. All external signs and advertising displays shall be prohibited, except for identification by one wooden sign that is consistent with the design guidelines for the Historic Landmark Districts. The sign shall be three feet tall, and shall be no more than six square feet in area, may have no more than two 50-watt lighting bulbs and shall be within three to ten feet straight back from the roadway.
    5. Compliance with provisions. Full compliance shall be had with all provisions and procedures of this subchapter.
  4. Permitted uses. Property located within the Historic Landmark Districts may be used for any purpose, and only those purposes permitted within the basic zoning district in which such property is located, subject to compliance with all regulations imposed by such basic zoning district and subject to compliance with all provisions of this subchapter.

(Prior Code, § 11-2-6) (Ord. 1997-3-1, passed 3-10-1997)

  1. Creation of district. Any Historic Preservation (HP) District, when created, shall be the successor of the zoning district formerly in effect by the town zoning code.
  2. Application of and compliance with provisions. All property within the town previously designated as Historic Preservation District at the time of the final passage of this subchapter and all property subsequently included within this District shall be subject to and shall comply with the regulations and restrictions of this Historic Preservation District. All provisions of this subchapter, including the definitions contained herein, shall be applicable to this District. The Historic Preservation District is intended to be a basic zoning district and is not intended to be an overlay zoning district.
  3. District restrictions. Unless otherwise specifically provided, the following restrictions shall apply.
    1. Certificate of appropriateness required for construction, alteration, moving, and demolition; exemptions. The erection, moving, demolition, reconstruction, restoration, or alteration of any structure is prohibited unless a certificate of appropriateness is granted by the Historic Preservation and Landmark Commission subsequent to review and analysis by that body; provided, however, work related to the following shall not require a certificate of appropriateness:
      1. Ordinary maintenance and repair which shall include the removal, installation, or replacement of guttering; the removal or replacement of roof covering with like material; and the application of any paint color to nonmasonry surfaces;
      2. Interior of buildings and structures;
      3. Portions or parts of buildings, structures, or sites not visible from adjoining streets;
      4. Accessory structures or buildings, such as storage sheds, garages, decks, patios, fencing, swimming pools, and pool houses which are not part of the primary structure; provided, however, such structures and buildings are not located in front yards;
      5. Installation of radio or television antenna;
      6. General landscape maintenance and planting of new organic materials; and
      7. Work required for temporary stabilization of a building structure due to damage.
    2. Maintenance and repair.
      1. All structures and grounds shall be kept in good repair and shall be maintained in good condition in keeping with the historic nature of the site designated.
      2. All interior portions of structures shall be kept in such good repair to the extent necessary to prevent structural deterioration.
      3. Nothing in this subchapter shall be construed to prevent ordinary maintenance or repair of any structure.
    3. Outside storage prohibited. Outside storage of materials or supplies on a permanent basis is prohibited.
    4. Advertising. All external signs and advertising displays shall be prohibited, except for identification by one wooden sign that is consistent with the design guidelines for the Historic Preservation Districts in the town. The sign shall be three feet tall, and shall be no more than six square feet in area, may have no more than two 50-watt lighting bulbs and shall be within three to ten feet straight back from the roadway.
    5. Compliance with provisions. All provisions and procedures of this chapter shall be complied with fully.
  4. Uses permitted. A building or premises shall be used only for the following purposes:
    1. Open or public park, playground, or recreation area, but excluding recreation facilities or services furnished on payment of a fee or admission charge;
    2. Private park, recreation area, and clubhouse, when owned and maintained by members of a homeowners' association or organization actively engaged in supporting the preservation of home, architectural, and/or historic significance;
    3. Servants' or caretakers' quarters, either attached to or separate from a single-family dwelling;
    4. Single-family dwelling; provided, that no more than one single-family dwelling per lot shall be permitted; and
    5. Temporary buildings for use incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
  5. Uses permitted on review. A special exception to permit the following uses within this District may be granted by the Board of Adjustment:
    1. Bed and breakfast facility (see § 157.085(C)(1) of this code);
    2. Church or synagogue; and
    3. Museum, art gallery, or other similar public building.
  6. Use regulations. Any use permitted shall be governed by the applicable zoning district in which it is located.
  7. Site and structure requirements. Height, area, and setback regulations of the R-1 Single-Family District are applicable in Historic Preservation Districts (§ 157.085(D) and (E) of this code).

(Prior Code, § 11-2-7) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 154.99

  1. Designation procedure.
    1. The town may designate tracts and sites for inclusion within the Historic Landmark District and/or the Historic Preservation District in the same manner prescribed for the designation of other zoning districts by the zoning code and subject to compliance with this subchapter; however, all designations of tracts and sites for inclusion within the Historic Landmark District And/or the Historic Preservation District shall be reviewed and considered by the Historic Preservation and Landmark Commission.
    2. The Historic Preservation and Landmark Commission shall forward its recommendation regarding a proposed district designation to the Planning Commission.
    3. The Planning Commission shall review, make recommendation, and then forward its recommendation and that of the Historic Preservation and Landmark Commission to the Board of Trustees.
    4. Notice of consideration of a district designation by the Historic Preservation and Landmark Commission shall be the same as is required for consideration of the adoption or amendment of the town zoning code.
    5. The initiation of a proposal of designation may be made by the Historic Preservation and Landmark Commission, the Board of Trustees, or on the application of the owners of the parcel to be designated, or their authorized agents. Any such application shall be made upon forms or pursuant to standards set by the Historic Preservation and Landmark Commission for this purpose.
    6. The Historic Preservation and Landmark Commission may solicit and present expert testimony or documentary evidence regarding the historic, architectural, archaeological, or cultural importance of the property proposed for designation.
    7. The Historic Preservation and Landmark Commission may recommend the amendment or repeal of any designation of a site, structure, building, district, or monument.
  2. Designation criteria. A site, structure, building, district, or monument may be designated for preservation as a landmark or historic district and thus may be included within the Historic Preservation District or the Historic Landmark District if such possesses the following attributes within the categories below.
    1. Historic, cultural category.
      1. Such site has significant character, interest, or value as part of the development, heritage, or cultural characteristics of the locality, state, or nation; or is associated with the life of a personality significant to the past; or
      2. Such site is the location of an historic event with a significant effect upon the development, heritage, or cultural characteristics of the locality, state, or nation; or
      3. Such site exemplifies the cultural, political, economic, social, or historic heritage of the community.
    2. Architectural, engineering category.
      1. Such site portrays the environment in an era of history characterized by a distinctive architectural style;
      2. Such site embodies those distinguishing characteristics of an architectural type or engineering specimen;
      3. Such site is the work of a designer or architect or contractor whose individual work has influenced the development of the community or of this nation;
      4. Such site contains elements of design, detail, materials, or craftsmanship which represent a style unique to the past;
      5. Such site is a part of or related to a square, park, or other distinctive area and thus should be developed and preserved according to a plan based on a historic, cultural, or architectural motif; or
      6. Such site represents an established and familiar visual feature of the neighborhood, community, or skyline owing to its unique location or singular physical characteristic.
    3. Archaeological category.
      1. Such site has yielded, based upon physical evidence, or is likely to yield information important to history or prehistory; or
      2. Such site is part of or related to a distinctive geographical area which should be developed or preserved according to a plan based on cultural, historic, or architectural motif.
  3. Historic territory created. There is hereby created within the town all of the territory described as a Historic Landmark and Preservation District on the town zoning map.

(Prior Code, § 11-2-8) (Ord. 1997-3-1, passed 3-10-1997)

Cross-reference: Zoning code amendments, see § 157.021

  1. Certificate required. A certificate of appropriateness shall be required in the following instances before the commencement of work upon any structure or site located within the Historic Landmark District or the Historic Preservation District:
    1. Whenever such work requires a building permit issued by the town;
    2. Whenever such work includes the application of paint to a previously unpainted brick or masonry exterior surface of the construction or enlargement of a driveway or parking area; or
    3. Whenever such work includes the erection, moving, demolition, reconstruction, restoration, or alteration of the exterior of any structure or site, except when such work satisfies all of the requirements for ordinary maintenance and repair as defined in this subchapter.
  2. Building permit applications; historic review required.
    1. No building permit shall be issued by the Building Director/Code Officer for any structure or site located within the historic landmark district or the historic preservation district until the application for such permit has been reviewed by the Historic Preservation and Landmark Commission and a certificate of appropriateness approved by the Commission.
    2. When applying for such a permit, the applicant shall furnish two copies of all detailed plans, elevations, perspectives, and specifications, and the Building Director/Code Officer shall forward to the Historic Preservation and Landmark Commission such application for a building permit within five days of receipt thereof. Any applicant may request a meeting with the Commission before submitting an application and may consult with the Commission during the review of the permit application.
  3. Approval or disapproval of certificate.
    1. Upon review of the application, the Historic Preservation and Landmark Commission shall determine whether the proposed work is of a nature which will adversely affect any historic or architectural resource and whether such work is appropriate and consistent with the spirit and intent of this subchapter and the designating ordinances. The Commission shall apply the criteria established by this subchapter and, based thereon, shall approve or disapprove such certificate of appropriateness. If the Commission disapproves such a certificate of appropriateness, no permit shall be issued, and the applicant shall not proceed with the proposed work.
    2. It is not the intent of this chapter to limit new construction to any one period or architectural style, but rather to preserve the integrity of historic and architectural resources and to ensure the compatibility of new work constructed in the vicinity. In the case of the disapproval of plans by the Historic Preservation and Landmark Commission, the Commission shall state in writing the reasons for such disapproval and may include suggestions of the Commission in regard to actions the applicant might take to secure the approval of the Commission as to the issuance of a certificate of appropriateness.
  4. Guidelines. The Historic Preservation and Landmark Commission shall develop such guidelines as it may find necessary to supplement the provisions of this subchapter and to inform owners, residents, and the general public of those techniques which are considered most proper for undertaking work relating to historic and architectural resources. The Commission shall have the opportunity to advise the Board of Trustees concerning provisions in the building, electrical, plumbing, heat and air, and housing codes and other codes which affect preservation work.
  5. Additional archaeological requirements. With regard to the development of a property containing a designated archaeological resource, a certificate of appropriateness shall be required prior to the issuance of the permit for which the applicant has applied, and further, the following requirements shall be satisfied.
    1. Archaeological resources shall be protected from inappropriate or improper digging by demonstration by the applicant that the appropriate permits and standards are met for study as set by the State Historic Society.
    2. Any discovered materials shall be properly recorded, reported, stored, or exhibited according to the standards set by the State Historic Society.
    3. All development affecting the designated archaeological resource shall provide for the permanent preservation of the resource or provide for the completion of the necessary work as recommended by a qualified archaeologist.
    4. Prior to the hearing by the Historic Preservation and Landmark Commission for the issuance of the certificate of appropriateness, the applicant or the Commission shall cause to have presented the comments and recommendations of a qualified archaeologist with respect to the resource under consideration and the application which would affect it.
  6. Conditions of approval.
    1. The Historic Preservation and Landmark Commission may approve certificates of appropriateness subject to certain conditions.
    2. Work is to be performed pursuant to the requirements of such certificate, if any.
    3. It shall be the duty of the Building Director/Code Officer to inspect from time to time any work performed pursuant to a certificate of appropriateness to assure such compliance. In the event that such work is not in compliance, the Building Director/Code Officer shall issue a stop work order. The Historic Preservation and Landmark Commission may request by resolution that the Building Director/Code Officer inspect the work and issue a stop work order.
  7. Review criteria. The Historic Preservation and Landmark Commission shall be guided by the following criteria:
    1. The purpose and intent of this subchapter;
    2. The degree to which the proposed work may destroy or alter all or part of a resource;
    3. The degree to which the proposed work would serve to isolate the resource from its historic or architectural surroundings, or would introduce visual, audible, vibratory, or polluting elements that are out of character with the resource and its setting, or that adversely affect the physical integrity of the resource;
    4. The compatibility of the building materials with aesthetic and structural appearance of the resource, including, but not limited to, the consideration of texture, style, color, or the components and their combinations of elements such as brick, stone, concrete, shingle, wood, or stucco; and
    5. The compatibility of the proposed design to the significant characteristics of the resource, including, but not limited to, a consideration of the harmony of materials, details, height, mass, proportion, rhythm, scale, setback, shape, street accessories, and workmanship.

(Prior Code, § 11-2-9) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 154.99

  1. Approval required. No structure or site within any Historic Landmark District or Historic Preservation District shall be demolished or removed unless such demolition shall be approved by the Historic Preservation and Landmark Commission and a certificate of appropriateness for such demolition shall be granted. Applications for demolition permits shall be filed with the Town Clerk.
  2. Procedure and postponement orders.
    1. The Historic Preservation and Landmark Commission shall hold a public hearing for the purpose of considering a certificate of appropriateness for demolition or removal. After such hearing, the Commission may approve the certificate of appropriateness, thereby authorizing the demolition, or may postpone the demolition for a period of time not to exceed 180 days.
    2. At least 45 days prior to the conclusion of such period of postponement as specified in the Historic Preservation and Landmark Commission's order, the Commission may hold a second public hearing for the purpose of considering whether or not the Commission should recommend to the Board of Trustees that additional postponement of demolition be ordered.
    3. In the event the Historic Preservation and Landmark Commission should make such recommendation of additional postponement to the Board of Trustees, the Board of Trustees shall hold a public hearing within 45 days of the Commission's second public hearing for the purpose of considering such additional postponement of demolition.
    4. At such public hearing, the Board of Trustees may enter an order approving the demolition or may enter an order postponing demolition of an additional period of not to exceed 120 days from the date of such order. At the conclusion of this period of postponement, the Town Clerk shall issue a permit approving the demolition permit.
  3. Criteria for review. The Historic Preservation and Landmark Commission and the Board of Trustees shall be guided by the following criteria in considering certificates of appropriateness and authorizations for demolition of structures or sites within the Historic Landmark Districts and the Historic Preservation Districts:
    1. The purposes and intent of this subchapter;
    2. The degree to which the proposed removal of the historic resource would serve to destroy the integrity and continuity of the Historic Landmark District or Historic Preservation District of which it is a part;
    3. The nature of the resource as a representative type of style of architecture, socioeconomic development, historic association, or other element of the original designation criteria applicable to such structure or site;
    4. The condition of the resource from the standpoint of structural integrity and the extent of work necessary to stabilize the structure;
    5. The alternatives available to the demolition applicant, including:
      1. Donation of the subject structure or site to a public or benevolent agency;
      2. Donation of a part of the value of the subject structure or site to a public or benevolent agency, including the conveyance of development rights and facade easements;
      3. The possibility of sale of the structure or site, or any part thereof, to a prospective purchaser capable of preserving such structure or site;
      4. The potential of such structure or site for renovation and its potential for continuing use; and
      5. The potential of the subject structure or site for rezoning in an effort to render such property more compatible with the physical potential of the structure.
    6. The ability of the subject structure or site to produce a reasonable economic return on investment to its owner; provided, however, that it is specifically intended that this factor shall not have exclusive control and effect, but shall be considered along with all other criteria contained in this division (C).

(Prior Code, § 11-2-10) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 154.99

Designated landmarks, or structures, buildings, or monuments within historic districts, shall be maintained to meet requirements of codes and ordinances governing the public health, safety, and welfare. The Historic Preservation and Landmark Commission, on its own initiative, may enact a resolution with the appropriate officer(s), requesting said officer(s) to proceed under the appropriate codes to require correction of defects or initiation of repairs. All persons in charge of a landmark, or structure, building, or monument, within a historic district shall keep in good repair all of the exterior portions of such resources, including appropriate landscaping.

(Prior Code, § 11-2-11) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 154.99

All matters regarding property or sites situated within the Historic Preservation District or the Historic Landmark District shall be reviewed and considered by the Historic Preservation and Landmark Commission prior to final action by the Planning Commission, the Board of Adjustment, or the Board of Trustees. Any person aggrieved by a decision of the Historic Preservation and Landmark Commission shall have such right of appeal as may be otherwise provided by law.

(Prior Code, § 11-2-12) (Ord. 1997-3-1, passed 3-10-1997)

Nothing in this subchapter shall be construed as reason for an increased valuation of property for purposes of ad valorem taxation because of historic designation.

(Prior Code, § 11-2-13) (Ord. 1997-3-1, passed 3-10-1997)

  1. Whoever violates any provision of this chapter for which no specific penalty is otherwise provided, shall be subject to § 10.99.
  2. Any person, firm, corporation, partnership, association, or other legal entity who undertakes any construction or modification of a structure who shall violate any of the provisions of §§ 154.25 through 154.37 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in § 157.999 of this code. Each day of violation or noncompliance shall constitute a separate offense. The Town Administrator, or his or her designated representative, shall issue all citations for alleged violations of §§ 154.25 through 154.37.

(Prior Code, § 11-2-14) (Ord. 1997-3-1, passed 3-10-1997)

155 General Provisions
155 Administration
155 Provisions For Flood Hazard Reduction

155.01 Statutory Authorization
155.02 Findings Of Fact
155.03 Statement Of Purpose
155.04 Methods Of Reducing Flood Losses
155.05 Definitions
155.06 Application
155.07 Basis For Establishing The Areas Of Special Flood Hazard
155.08 Establishment Of Development Permit
155.09 Compliance
155.10 Abrogation And Greater Restrictions
155.11 Interpretation
155.12 Warning And Disclaimer Of Liability

The Legislature of the State of Oklahoma has in 11 O.S. §§ 41-47, as amended, delegated the responsibility to local governmental units to adopt ordinances designed to minimize flood losses. Therefore, the town ordains the following, to become effective immediately.

(Ord. 2020-004, Passed 6-22-2020)

  1. The flood hazard areas of the town are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety, and general welfare.
  2. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

(Ord. 2020-004, Passed 6-22-2020)

It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

  1. Protect human life and health;
  2. Minimize expenditure of public money for costly flood control projects;
  3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
  4. Minimize prolonged business interruptions;
  5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets and bridges located in floodplains;
  6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
  7. Ensure that potential buyers are notified that property is in a flood area.

(Ord. 2020-004, Passed 6-22-2020)

To accomplish its purposes, this chapter uses the following methods:

  1. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood, or cause excessive increases in flood heights or velocities;
  2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
  3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;
  4. Control filling, grading, dredging, and other development which may increase flood damage; and
  5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters, or which may increase flood hazards to other lands.

(Ord. 2020-004, Passed 6-22-2020)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY STRUCTURE. A structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Examples of ACCESSORY STRUCTURES include but are not limited to garages and storage sheds.

AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within the town subject to a 1% or greater chance of flooding in any given year.

BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION. The elevation in feet above mean sea level of the base flood or 1% chance flood.

BASEMENT. Any area of the building having its floor sub-grade (below ground level) on all sides.

BFE. Base flood elevation.

C.F.R. Code of Federal Regulations.

CRITICAL FEATURE. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

DEVELOPMENT. Any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials.

DEVELOPMENT PERMIT. A permit issued by the Floodplain Administrator which authorizes development in a special flood hazard area in accordance with this chapter.

ELEVATED BUILDING. A non-basement building built, in the case of a building in Zones AE, A, and X, to have the top of the elevated floor adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In the case of Zones AE, A, and X, ELEVATED BUILDING also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

EXISTING CONSTRUCTION. For the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. EXISTING CONSTRUCTION may also be referred to as existing structures.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before August 4, 1972.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA. The Federal Emergency Management Agency.

FIRM. Flood Insurance Rate Map.

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

  1. The overflow of inland or tidal waters; or
  2. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP. An official map of the town on which FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the town.

FLOOD INSURANCE STUDY. The official report provided by FEMA for the town which contains flood profiles, water surface elevation of the base flood, as well as the floodway width, section area, and mean velocity.

FLOODPLAIN ADMINISTRATOR. A person accredited by the OWRB and designated by the Board of Trustees to administer and implement laws, ordinances, and regulations relating to the management of floodplains.

FLOODPLAIN OR FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source. (See definition of FLOOD.)

FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS. This chapter, zoning code, subdivision regulations, building codes, health regulations, special purpose regulations, and ordinances (such as floodplain, grading and erosion control regulations and ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOOD PROTECTION SYSTEM. Those physical structural works for which funds have been authorized, appropriated, and expended, and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within the town subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. A FLOODWAY is located within areas of special flood hazard established in § 155.07 of this chapter. A FLOODWAY is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles.

FUNCTIONALLY DEPENDENT USE. A use that cannot perform its intended purpose unless it is located or carried out near water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE. Any structure that is:

  1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
  2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
  3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
  4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
    1. By an approved state program as determined by the Secretary of the Interior; or
    2. Directly by the Secretary of the Interior in states without approved programs.

LEVEE. A human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water to provide protection from temporary flooding.

LEVEE SYSTEM. A flood protection system which consists of a levee or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's LOWEST FLOOR; provided that such enclosure is not built to render the structure in violation of the applicable non-elevation design requirement of 44 C. F. R. § 60.3.

MANUFACTURED HOME. A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.

MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MEAN SEA LEVEL. For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on the town's flood insurance rate map are referenced.

NEW CONSTRUCTION. For the purpose of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the Board of Trustees and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the Board of Trustees.

OWRB. The Oklahoma Water Resources Board.

RECREATIONAL VEHICLE. A vehicle which is:

  1. Built on a single chassis;
  2. Four hundred square feet or less when measured at the largest horizontal projections;
  3. Designed to be self-propelled or permanently towable by a light duty truck; and
  4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. Law. No. 97-348) being 16 U.S.C. §§ 3501 et seq., includes substantial improvement and the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual START means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether that alteration affects the external dimensions of the building.

STRUCTURE. A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before start of construction of the improvement. This includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

  1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or
  2. Any alteration of a historic structure provided that the alteration would not preclude the structure's continued designation as a historic structure.

VARIANCE. A grant of relief by the Board of Trustees to a person from the terms of this chapter when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or development in a manner otherwise prohibited by this chapter. (For full requirements, see 44 C.F.R. § 60.6.)

VIOLATION. The failure of a structure or other development to be fully compliant with this flood damage prevention chapter.

WATER SURFACE ELEVATION. The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(Ord. 2020-004, passed 6-22-2020)

This flood damage prevention chapter shall apply to all areas of special flood hazard within the jurisdiction of the town.

(Ord. 2020-004, passed 6-22-2020)

The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled, The Flood Insurance Study for Muskogee County, Oklahoma and Incorporated Areas dated February 4, 2011, with the accompanying flood insurance rate map (FIRM) are hereby adopted on February 4, 2011, by reference and declared to be a part of this chapter, as well as the Flood Insurance Study for Cherokee County, Oklahoma and Incorporated Areas dated December 3, 2009, along with the accompanying FIRM.

(Ord. 2020-004, passed 6-22-2020)

A development permit shall be required to ensure conformance with the provisions of this floodplain management chapter.

(Ord. 2020-004, passed 6-22-2020) Penalty, see § 155.99

No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations.

(Ord. 2020-004, passed 6-22-2020) Penalty, see § 155.99

  1. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
  2. However, where this chapter and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 2020-004, passed 6-22-2020)

In the interpretation and application of this chapter, all provisions shall be:

  1. Considered as minimum requirements;
  2. Liberally construed in favor of the governing body; and
  3. Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. 2020-004, passed 6-22-2020)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by human-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the town or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 2020-004, passed 6-22-2020)

155.25 Designation Of The Floodplain Administrator
155.26 Duties And Responsibilities Of The Floodplain Administrator
155.27 Permit Procedures
155.28 Variances

The Board of Trustees designates the Code Enforcement Officer as Floodplain Administrator to administer and implement the provisions of this chapter and other appropriate sections of National Flood Insurance Program regulations in 44 C.F.R. pertaining to floodplain management.

(Ord. 2020-004, passed 6-22-2020)

Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

  1. Become accredited by the OWRB in accordance with 82 O.S. §§ 1601-1618, as amended;
  2. Review permit applications to determine whether the proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding;
  3. Review, approve, or deny all applications for development permits required by this chapter;
  4. Review proposed development to assure that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval are required;
  5. Make the necessary interpretation where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions);
  6. Notify, in riverine situations, adjacent communities and the OWRB prior to any alteration or relocation of a watercourse and submit evidence of such notification to the FEMA;
  7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;
  8. Require the developer/applicant to determine and provide the base flood elevation on two FEMA elevation certificates, one pre and one post, as well as other data as required in order to administer the provisions of §§ 155.40 through 155.44;
  9. When a floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone AE as delineated on the Muskogee County FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the town;
  10. After a disaster or other type of damage occurrence to structures in the town, determine if the residential and non-residential structures and manufactured homes have been substantially damaged, and enforce the substantial improvement requirement;
  11. Maintain a record of all actions involving an appeal from a decision of the Board of Trustees; and
  12. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter.

(Ord. 2020-004, passed 6-22-2020)


    1. An application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him or her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard.
    2. Additionally, the following information is required:
      1. Elevation in relation to mean sea level of the lowest floor (including basement) of all new and substantially improved structures; and
      2. Description of the extent to which any watercourse or natural drainage will be altered or relocated because of proposed development.
  1. Approval or denial of a development permit by the Floodplain Administrator shall be based on all the provisions of this chapter and the following relevant factors:
    1. The danger to life and property due to flooding or erosion damage;
    2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
    3. The danger that materials may be swept onto other lands to the injury of others;
    4. The compatibility of the proposed use with existing and anticipated development;
    5. The safety of access to the property in times of flood for ordinary and emergency vehicles;
    6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems;
    7. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;
    8. The necessity to the facility of a waterfront location, where applicable;
    9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
    10. The relationship of the proposed use to the comprehensive plan for that area.
  2. The Floodplain Administrator or Board of Trustees, as applicable, may approve certain development in Zones A or AE delineated on the Muskogee County FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the applicant for the development permit in that case first complies with 44 C.F.R. § 65.12.

(Ord. 2020-004, passed 6-22-2020) Penalty, see § 155.99

  1. General provisions.
    1. The Board of Adjustment may grant variances for uses which do not satisfy the requirements of the State Floodplain Management Act, being 82 O.S. §§ 1601 et seq. or this chapter, if the applicant for the variance presents adequate proof that compliance with this chapter will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people and satisfies the pertinent provisions of this section. However, no variance shall be granted where the effect of the variance will be to permit the continuance of a condition which unreasonably creates flooding hazards.
    2. Any variance so granted shall not be construed as to relieve any person who receives it from any liability imposed by the State Floodplain Management Act or by other laws of the state.
    3. In no case shall variances be effective for a period longer than 20 years.
    4. Any person seeking a variance shall file a petition with the Board of Adjustment, accompanied by a filing fee of $25.
    5. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in § 155.27(B) and provisions of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
    6. Any person seeking a variance to build a structure below the base flood elevation will be issued a notice signed by the Chairperson of the Board of Adjustment which states that:
      1. The cost of flood insurance will be commensurate with the increased risk resulting from permitting the structure to be built lower than the base flood elevation; and
      2. Such construction below the base flood level increases risks to life and property.
    7. At such time as the Board of Adjustment deems the petition ready for notification to the public, the Board of Adjustment shall schedule a hearing and direct the applicant to publish notice thereof in a newspaper of general circulation in Muskogee County at least 30 days prior to the hearing.
    8. The Board of Adjustment shall conduct the hearing and make determinations in accordance with the applicable provisions of this section. This appeals group shall exercise wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to the public at large when determining whether the variance shall be granted.
    9. Variances shall only be issued upon:
      1. A showing of good and sufficient cause;
      2. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
      3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws, regulations, or ordinances; and
      4. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
    10. Upon consideration of the factors stated in this section and the intent of this chapter, the Board of Adjustment may attach such conditions to the granting of a variance as it deems necessary to further the purposes and objectives stated in § 155.03 of this chapter.
    11. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance; and a copy of any variance issued by the Board of Adjustment shall be sent by the Floodplain Administrator to the OWRB and FEMA within 15 days after issuance of the variance.
  2. Special provisions.
    1. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this chapter.
    2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
    3. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
    4. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided that:
      1. The criteria of divisions (A)(5), (A)(9), and (B)(2) above, and this division (B)(4) are met; and
      2. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(Ord. 2020-004, passed 6-22-2020)

155.40 General Standards
155.41 Specific Standards
155.42 Standards For Subdivisions
155.43 Floodways
155.44 Management Fee Schedule
155.99 Penalty

In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements.

  1. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
  2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
  3. All new construction or substantial improvements shall be constructed with materials resistant to flood damage.
  4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
  5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
  6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters.
  7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Ord. 2020-004, passed 6-22-2020) Penalty, see § 155.99

In all areas of special flood hazards the following provisions are required.

  1. Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated at or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this division (A) is satisfied.
  2. Nonresidential construction. New construction and substantial improvements of any commercial, industrial, or other nonresidential structure shall have the lowest floor (including basement) elevated at or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this division (B) is satisfied.
  3. Enclosures.
    1. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
    2. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
      1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;
      2. The bottom of all openings shall be no higher than one foot above grade; and
      3. Openings may be equipped with screens, louvers, valves, or other coverings or devices if they permit the automatic entry and exit of floodwaters.
  4. Manufactured homes. All manufactured homes to be placed anywhere within the town within Zones A and AE on the town FIRM shall be installed using methods and practices that minimize flood damage and have the bottom of the I-beam elevated at or above the BFE. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. The home shall be installed by a licensed installer according to state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home.
  5. Recreational vehicles. Recreational vehicles placed on sites within Zones A and AE on the Muskogee County FIRM shall either:
    1. Be on the site for fewer than 180 consecutive days;
    2. Be fully licensed and ready for highway use; or
    3. Meet the permit requirements of § 155.27, and the elevation and anchoring requirements for manufactured homes in division (D) above a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
  6. Accessory structure. Accessory structures to be placed on sites within Zones A and AE on the Muskogee County FIRM shall comply with the following:
    1. The structure shall be unfinished on the interior;
    2. The structure shall be used only for parking and limited storage;
    3. The structure shall not be used for human habitation. Prohibited activities or uses include but are not limited to working, sleeping, living, cooking, or restroom use;
    4. Service facilities such as electrical and heating equipment must be elevated to or above the BFE;
    5. The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
    6. The structure shall be designed to have low flood damage potential and constructed with flood resistance materials;
    7. The structure shall be firmly anchored to prevent flotation, collapse, and lateral movement;
    8. Floodway requirements must be met in the construction of the structure;
    9. Openings to relieve hydrostatic pressure during a flood shall be provided below the BFE; and
    10. The structure shall be located so as not to cause damage to adjacent and nearby structures.

(Ord. 2020-004, passed 6-22-2020) Penalty, see § 155.99

  1. The applicant for a development permit for any subdivision located in Zones A and AE which is 50 or more lots, or greater than five acres, shall generate the base flood elevation data for that subdivision.
  2. All subdivisions including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
  3. All subdivisions including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

(Ord. 2020-004, passed 6-22-2020) Penalty, see § 155.99

The following provisions shall apply to floodways.

  1. Encroachments, including but not limited to fill, new construction, substantial improvements, and other development are prohibited within the adopted floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the town during the occurrence of the base flood discharge.
  2. If division (A) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subchapter.
  3. The town may permit encroachments within the adopted floodway that would result in an increase in base flood elevations, provided that the applicant for the development permit complies with all of 44 C.F.R. § 65.12.

(Ord. 2020-004, passed 6-22-2020) Penalty, see § 155.99

The Board of Trustees establishes the following fee schedule not to exceed $500 for any one service:

Floodplain Development Permit Application Review
$100
Floodplain Development Permit Fee
$25
Inspection Fee
$25 per inspection
Notice of Intent Fee
$25 maximum

(Ord. 2020-004, passed 6-22-2020)

  1. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. A structure or other development without the elevation certificate or other certifications required in this chapter is presumed to be in violation until such time as that documentation is provided.
  2. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be subject to the penalty as delineated in § 10.99 of the code. Nothing herein contained shall prevent the Board of Trustees or the Town Attorney from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 2020-004, passed 6-22-2020)

156 General Subdivision Regulations
156 Administration And Enforcement
156 Subdivision Plats And Procedures
156 Lot Splits
156 Design Standards And Improvements
156 Gated Subdivisions

156.001 Short Title
156.002 Purpose
156.003 Intent
156.004 Authority
156.005 Jurisdiction
156.006 Application Of Provisions; Exemptions
156.007 Definitions
156.008 Approval Of Plats, Recording And Dedication
156.009 Barbed Wire Fences

This chapter shall hereinafter be known, cited, and referred to as the Town Subdivision Regulations.

(Prior Code, § 13-1-1) (Ord. 1997-3-1, passed 3-10-1997)

The provisions of this chapter are:

  1. To further promote and secure the health, safety, and general welfare of the present and future citizens of the town;
  2. To ensure a logical and economical growth of the community;
  3. To assist and cooperate with developers in planning their subdivisions and persons developing new construction in platted areas of the town which are not fully developed; and
  4. To provide for the proper arrangement of streets, alleys, or other highways and the improvement and maintenance of the same.

(Prior Code, § 13-1-2) (Ord. 1997-3-1, passed 3-10-1997)

This chapter is designed, intended, and should be administered in a manner to:

  1. Implement the general plan;
  2. Provide neighborhood conservation and prevent the development of slums and blight;
  3. Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of adjoining tracts;
  4. Provide that the cost of improvements which primarily benefit the tract of land being developed and subdivided be borne by the owners or developers of the tract, and that cost of improvements which primarily benefit the whole community be borne by the whole community;
  5. Provide the best possible design for the tract of land being subdivided;
  6. Provide a proper arrangement of streets and assure the adequacy of open spaces for traffic, utilities, and access of emergency vehicles, commensurate with the intensification land use customarily incident to a change in zoning;
  7. Reconcile any differences of interest; and
  8. Establish adequate and accurate records of land subdivision.

(Prior Code, § 13-1-3) (Ord. 1997-3-1, passed 3-10-1997)

These subdivision regulations and minimum standards for land development are adopted under the authority granted by 11 O.S. §§ 41-101 et seq., §§ 42-101 et seq., §§ 43-101 et seq., §§ 44-101 et seq., §§ 45-101 et seq., and §§ 46-101 et seq.

(Prior Code, § 13-1-4) (Ord. 1997-3-1, passed 3-10-1997)

The regulations, as herein provided, shall extend and pertain to all subdividing or resubdividing of land and undeveloped platted areas within the town.

(Prior Code, § 13-1-5) (Ord. 1997-3-1, passed 3-10-1997)

  1. This chapter and development standards shall apply to the following forms of land subdivision:
    1. The division of land into two or more tracts, lots, parcels, or sites, any part of which, when subdivided, shall contain less than ten acres in area;
    2. The division of land previously subdivided or platted into tracts, lots, parcels, or sites of less than ten acres in area;
    3. The dedication, vacation, or reservation of any public or private easement through any tract of land regardless of the area involved, including those for use by public and private utility companies; and
    4. The dedication or vacation of any street or alley through any tract of land regardless of the area involved.
  2. All of the provisions of the subdivision regulations shall apply, where applicable, to persons, firms, and corporations developing an undeveloped platted and dedicated area within the incorporated limits of the town.
  3. Whenever it is deemed, at the discretion of the Board of Trustees, to be in the best interest of the town or individual property owner who meets the requirements of § 156.053 of this chapter, an exemption may be granted related to the design standards and improvements contained in §§ 156.065 through 156.073 of this chapter. Any relief granted to the design standards and improvements shall be subject to certain requirements or stipulations as prescribed by the Board of Trustees. These aforementioned requirements or stipulations may include minimum acceptable design standards and improvements and procedures to be followed in order to provide public notice of the relief granted. This shall include, but is not limited to, recordation of documents in the office of the County Clerk in order to allow such documents to become a part of the abstract related to the real property to which relief is granted, and posting of permanent public notices that the town has not accepted the utilities or roads and does not maintain the same, and size and type of easements necessary to allow for future utility or road use.

(Prior Code, § 13-1-6) (Ord. 1997-3-1, passed 3-10-1997)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALLEYS. Public ways which are used primarily to service the back or side of a property which also abuts on a street; a minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

BLOCK. A parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad rights-of-way, public walks, parks, rural land, or drainage channels, or a combination thereof.

BOARD OF TRUSTEES or BOARD. The legislative body of the town.

BUILDING LINE or SETBACK LINE. A line or lines designating the area outside of which buildings may not be erected.

DWELLING, MANUFACTURED OR MOBILE HOME. See definition of "Manufactured Or Mobile Home".

DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

DWELLING, SINGLE-FAMILY. A detached residential dwelling unit, other than a mobile or manufactured home, designed for and occupied by one family only, and which shall:

  1. Have a fixed, permanent foundation;
  2. Utilize customary residential exterior finishing materials;
  3. Contain a core area of living space at least 20 feet by 20 feet, exclusive of an attached garage; and
  4. Meet all other town codes and ordinances.

DWELLING, TWO-FAMILY. A detached residential building containing two dwelling units, designed for occupancy by not more than two families living independently of each other.

EASEMENT. A grant of the use of a strip of land for specific purposes by the property owner to the public, a corporation, or persons.

GENERAL PLAN. General plan or master plan or comprehensive plan for development of the town which has been officially adopted to provide long range development policies for the area subject to urbanization and/or incorporation into the town in the foreseeable future and which includes, among other things, the plan for land use, land division, circulation, streets and community facilities.

LOT. A subdivision of a block or other parcel intended as a unit for the transfer of ownership or for development. A LOT is a contiguous parcel of land of at least sufficient size to meet the minimum zoning requirements for the zoning district in which it is located. LOTS may be created by division or combination of other LOTS, parcels, or tracts of land, but in no case shall any residual LOT or parcel be created which does not meet the requirements of this chapter. Such LOT shall have frontage on an improved public street, or on an approved private street, or may consist of:

  1. A single lot of record;
  2. A portion of a lot of record;
  3. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; or
  4. A parcel of land described by metes and bounds.

LOT, CORNER. A lot located at the intersection of and abutting on two or more streets.

LOT, DOUBLE FRONTAGE. A lot which runs through a block from street to street and which has two nonintersecting sides abutting on two or more streets.

LOT FRONTAGE. The "front of a lot" shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered FRONTAGE, and yards shall be provided as indicated under the definition of "yards" in this section.

LOT MEASUREMENTS.

  1. DEPTH. "Depth of a lot" shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
  2. WIDTH. "Width of a lot" shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80% requirement shall not apply.

LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT TYPES.

  1. CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an interior angle of less than 135 degrees.
  2. INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
  3. REVERSED FRONTAGE LOT. A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area.
  4. THROUGH LOT. A lot other than a corner lot with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as double frontage lots.

MAJOR STREET. A public way designated as primary, secondary, or collector street.

MANUFACTURED OR MOBILE HOME.

  1. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet (2,438 body mm) or more in width or 40 body feet (12,192 body mm) or more in length or, when erected on site, is 320 or more square feet (30 m2), and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Such term shall include any structure which meets all the requirements of this division (A) except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary (HUD) and complies with the standards established under this chapter.
  2. For MOBILE HOMES built prior to June 15, 1976, a label certifying compliance with the standards of mobile homes, NFPA 501, ANSI 119.1, in effect at the time of manufacture is required.
  3. For the purpose of this chapter, a MOBILE HOME shall be considered a MANUFACTURED HOME.

MONUMENTS. Permanent markers properly located as required in this chapter for the location and identification on the site of reference points in the subdivision such as, but not limited to, corners of the subdivision, corners of blocks, radius points of street curvature, and the like.

OFF-SITE IMPROVEMENTS. Any utility, structure, or modification of topography located outside of the tract or property to be subdivided.

PLAN, SKETCH. A map prepared and drawn in schematic form and showing the relationship between the proposed plat and the general plan and other officially adopted plans that form the basis, in part, for this chapter. It is to save time and expense in reaching general agreement with the Planning Commission as to the plat and plan relationship.

PLAT, FINAL. A map or chart of land subdivision, given in form suitable for filing in the office of the County Recorder of Deeds, necessary affidavits, dedications, and acceptances and containing a complete engineering description, including reference to field markers, sufficient to locate on the ground all streets, alleys, easements, blocks, lots, and other subdivisions.

PLAT OR PLAN, CONSTRUCTION. Map or maps and drawings of a proposed subdivision showing the character and layout of the tract, including construction plans showing the specific location and design of improvements to be installed in the subdivision.

PLAT, PRELIMINARY. A map or plan of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land, including lots, blocks, streets, and drainage and all utility easements.

PLATTED. Property properly subdivided and recorded according to this chapter.

REGISTERED ENGINEER. An engineer registered and licensed in the state.

REGISTERED LAND SURVEYOR. A land surveyor properly registered and licensed in the state.

REQUIRED IMPROVEMENTS. Those required by the Planning Commission or the Board of Trustees as a condition of approval of the plat. REQUIRED IMPROVEMENTS shall include, but are not limited to, streets, curbs and gutters, sidewalks, approaches, sanitary sewers, stormwater and drainage improvements, water line, and all dedicated utilities.

STAFF. Any person or persons hired or retained by the town as an employee or consultant.

STREETS. Streets, avenues, boulevards, roads, lands, alleys, viaducts, highways, and other ways. All street layouts shall conform to the requirements set forth in the zoning code, as amended.

SUBDIVISION. Any division of land into two or more lots, parcels, tracts, or areas, or any division of land involving the vacation or dedication of rights-of-way, or the realignment of an existing or proposed street or highway or public utility easement or the resubdivision of land theretofore divided into lots, blocks, sites, or parcels.

(Prior Code, § 13-1-8) (Ord. 1997-3-1, passed 3-10-1997)

  1. No plat or dedication deed or other instrument of a subdivision of land within the incorporated limits of the town shall be accepted for record in the office of the County Clerk until it shall have been approved by the Board of Trustees as being in accordance with the officially adopted rules and regulations of the town and such approval endorsed in writing on the plat.
  2. Whoever, being the owner or agent of the owner of any land within the incorporated limits of the town, transfers, sells, or agrees to sell, or negotiates to sell any land by reference to plat thereof, or by other use of a plat of a subdivision or a contract for deed, or other instrument, before such plat has been approved by the Board of Trustees and filed of record in the office of the County Clerk shall be subject to the penalties as herein provided.

(Prior Code, § 13-1-9) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

  1. Nuisance declared. In order to provide for the health, safety, and welfare of the residents of the town, barbed wire fences within platted subdivisions, except as noted in division (C) below, are declared to be a nuisance and create a danger to the aforementioned residents.
  2. Prohibited. It is unlawful to construct, erect, or allow to be constructed or erected, upon property in platted subdivisions, barbed wire fences except as noted in division (C) below.
  3. Permitted. Barbed wire fences will be allowed to be constructed, erected, or replaced when the fences are upon land that is used for or zoned for use as agricultural, and the land adjoins the subdivision.
  4. Violation; complaint.
    1. Whenever a violation of this section occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basic reasons thereof, shall be filed with the administrative officials. The administrative officials shall record properly such complaint, immediately investigate, and take action thereon as provided by this section.
    2. Each day upon which any violation of this section continues shall constitute a separate offense.

(Prior Code, § 13-1-10) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

156.020 Administrative Rules
156.021 Subdivision Review Committee
156.022 Building Permit Conditions
156.023 Compliance Required

The Board of Trustees may, from time to time, adopt, amend, and make public rules and regulations for the administration of this chapter to the end that the public be informed and that approval of plats be expedited. This chapter may be enlarged or amended by the Board of Trustees after public hearing, due notice of which shall be given as required by law.

(Prior Code, § 13-2-1) (Ord. 1997-3-1, passed 3-10-1997)

  1. Committee created; composition. There shall be created a Subdivision Review Committee, the membership of which shall be one representative of each of the following departments and such other officials as the Town Administrator may designate:
    1. Planning Department (Chairperson of Committee; Town Administrator or his or her designated representative);
    2. Planning Commission;
    3. Public Works Department;
    4. Fire Department;
    5. Town-County Health Department;
    6. Private utility companies; and
    7. Developer or agent.
  2. Duties. It shall be the responsibility of the Subdivision Review Committee to meet together, as needed by the Town Administrator or designated staff who shall serve as Chairperson, to review preliminary and final plats, to study the suitability of the proposed subdivision for the purposes for which it is intended, and to submit its findings and recommendations to the Planning Commission on all preliminary and final plats.

(Prior Code, § 13-2-2) (Ord. 1997-3-1, passed 3-10-1997)

  1. Compliance with provisions. No building permit shall be issued for any new structure or change, improvement, or alteration of any existing structure on any tract of land which does not comply with all of the provisions of this chapter.
  2. Completion of improvements. Before a building permit can be issued and construction can begin on any structure in a platted subdivision, all subdivision requirements, as defined in this chapter and in the approval of the final plat for the subdivision in which the structure is located, must be completed. This includes the completion of all streets, sewer, water, drainage, and lighting in that subdivision. This requirement also applies to lots that are granted lot splits and thus required to meet subdivision standards.
  3. Inspections. Before a building permit can be issued and construction can begin on any structure in a platted subdivision, the town will inspect the platted subdivision and approve in writing that all subdivision requirements, as defined in this chapter and in the approval of the final plat for the subdivision in which the structure is located, have been met. This includes the completion of all streets, sewer, water, drainage, and lighting in that subdivision. This requirement also applies to lots that are granted lot splits and thus required to meet subdivision standards.

(Prior Code, § 13-2-3) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2002-1-1, passed 1-14-2002) Penalty, see § 156.999

From and after passage and publication hereof, no building permit shall be issued for any new structures in any subdivision or upon any platted and dedicated area, nor shall any town utilities or services be extended to any tract of land, lot, or block, which does not comply with all of the provisions of this chapter.

(Prior Code, § 13-2-4) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

156.035 Procedure Generally
156.036 Filing Fees
156.037 Sketch Plan
156.038 Preliminary Plat
156.039 Final Plat

  1. Whenever any subdivision of land is proposed, upon zoning or rezoning of land, before any contract is made for the sale of any part of the land, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his or her agent shall apply for and secure Planning Commission and Board of Trustees approval for a subdivision plat.
    1. To obtain a final approval of a proposed subdivision of land by the Board, the subdivider shall prepare and submit to the Board a sketch plan, preliminary plat, and a final plat.
    2. All land under one ownership and contemplated for future subdividing shall be shown as part of the sketch plan.
  2. The proposed subdivision shall be processed as follows:
    1. Sketch plan;
    2. Preliminary plat and construction plans; and
    3. Final plat and final construction plans.

(Prior Code, § 13-3-1) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

To defray partially the costs of notification, administration procedures and processing, and site inspection, a fee shall be paid to the Town Clerk at the time of submission in an amount as provided in the following schedule.

Engineering fees
Costs of the town's designated engineer to review application are charged directly to the applicant
Final plat$400, plus $4 per lot over 100 lots, or as may be established by the Board of Trustees
Inspection feesAs established by the Board of Trustees
Lot split$100
Preliminary plat
$200, plus $2 per lot over 100 lots, or as may be established by the Board of Trustees
Sketch plan$0

(Prior Code, § 13-3-2) (Ord. 1997-3-1, passed 3-10-1997)

  1. Purpose. The purpose of the sketch plan is to provide the subdivider and town officials an opportunity to identify the problems concerning the land use, general design, and overall approaches to installation of improvements before the expenditure of large amounts of money and manpower in the preparation of more detailed platting documents. All of the land to be included in the proposed subdivision and development shall be included in the sketch plan so that an overview of an entire area can be accomplished.
  2. Procedure and contents. Not less than 14 days prior to the filing of an application for approval of a preliminary plat, the subdivider shall submit to the Planning Commission staff a sketch plan of the proposed subdivision of land.
    1. The subdivider shall be provided by the town staff the following information:
      1. The procedure for approval of a subdivision plat;
      2. Provisions of the town general plan and zoning code as to its application to the land proposed for subdivision;
      3. Requirements as to general layout of streets and for reservations of land, street improvements, drainage, sewerage, fire protection, water, and similar matters;
      4. Requirements as to general layout of municipal services and municipal utilities; and
      5. Advise the subdivider to discuss the proposed subdivision with those officials and departments which must eventually approve those aspects of the subdivision plat coming within their jurisdiction.
    2. The subdivider shall provide to the town staff the following information:
      1. A general description of the existing conditions of the land and the suitability of the land for the proposed subdivision. This data should include existing land characteristics, existing covenants and agreements, availability of utilities and community facilities, the proposed use of each portion of the subdivision, proposed lot sizes and building sizes, proposed business areas, parks, school sites, drainage detention sites and drainageways, floodable lands, and other pertinent data as may be necessary to supplement the sketch plan; and
      2. A sketch plan map shall be submitted and shall show the proposed subdivision and its relationship to existing utilities, facilities, and development, and other features that will affect and influence the subdivision. The sketch plan shall be drawn to approximate scale and shall include the following details:
        1. Existing topography at ten foot intervals minimum;
        2. Proposed street pattern;
        3. Existing stormwater drainage, if any;
        4. Existing sanitary sewer, if any;
        5. Proposed land use designations;
        6. Existing watercourses and 100-year floodplain;
        7. Existing tree cover; and
        8. Existing and planned adjoining development and subdivisions.

(Prior Code, § 13-3-3) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

  1. Submission. The subdivider shall prepare a preliminary plat for submission to the Planning Commission. Fifteen copies of the preliminary plat shall be submitted to the Planning Commission not less than 15 working days prior to the meeting at which it is to be considered.
  2. Certification of design. The preliminary plat shall be accompanied by a statement signed by the registered engineer preparing the plat that he or she has, to the best of his or her ability, designed the subdivision in accordance with the general plan, with which he or she is completely familiar, and in accordance with the ordinances and regulations governing the subdivision of land. An exception may be granted by the Planning Commission and the Board of Trustees where an exception is requested in writing and the reasons for which are clearly stated.
  3. Contents of plat. The preliminary plat shall be drawn to a scale of 100 feet to one inch and shall contain or be accompanied by the following information:
    1. The scale, north arrow, and date;
    2. The proposed name of the subdivision;
    3. The name and address of the owner of record, the subdivider, and the registered engineer preparing the plat;
    4. A key map showing the location of the proposed subdivision referenced to existing or proposed major streets, section, township, range and to other government lines, and including the boundaries and number of acres of the drainage area of which the proposed subdivision is a part;
    5. The names, with location of intersecting boundary lines, of adjoining subdivisions, and the location of other city or town limits, three-mile extraterritorial jurisdiction limits, if falling within or immediately adjoining the tract;
    6. The land contours with vertical intervals not greater than two feet referenced to a United States geological survey or coast and geodetic survey benchmark or monument;
    7. The location of existing buildings, water, and watercourses, and the location of dedicated streets at the point where they adjoin and/or are immediately adjacent to the subdivision; provided, however, that the actual measured distances shall not be required;
    8. The length of the boundaries of the tract, measured to the nearest foot, and the proposed location and width of streets, alleys, easements, and setback lines and the lot dimensions;
    9. The location, size, and type of sanitary and storm sewers, water mains, culverts, power and natural gas lines, and other surface and subsurface structures and pipelines existing within or immediately adjacent to the proposed site of the following structures and utilities:
      1. Water mains;
      2. Sanitary sewer mains, submains, and laterals;
      3. Storm sewers, culverts, and drainage structures;
      4. Street improvements; and
      5. Street names.
    10. The location of all drainage channels and subsurface drainage structures and the proposed method of disposing of all runoff from the proposed subdivision, and the location and size of all drainage easements relating thereto, whether they are located within or outside of the proposed plat;
    11. The classification of every street within or adjacent to the subdivision in accordance with the intended use of the street based on the proposed design. This shall be done by placing the appropriate term, expressway, primary thoroughfare, collector or minor, directly on each street;
    12. Zoning district classification (if there is more than one classification, the dividing lines should be shown) on land to be subdivided and on adjoining lands; and
    13. Proposed fill or other structure elevation techniques, levees, channel modifications, and other methods to overcome flood or erosion related hazards. Such fill and compaction shall be in conformance with the international codes, as adopted and approved by the town.
  4. Planning Commission action. The Planning Commission shall approve, conditionally approve, or disapprove the plat within 60 days of the date of its submission by the applicant.
    1. If the preliminary plat is disapproved or approved conditionally, the reasons for such actions shall be stated in writing, a copy of which shall be signed by the Planning Commission Chairperson and shall be attached to one copy of the plat and transmitted to the subdivider.
    2. Unless stipulations or additional time is agreed to by the subdivider, and if no action is taken by the Planning Commission within 60 days after submission, the plat shall be deemed to have been approved.
    3. The reasons for disapproval or conditional approval shall refer specifically to those parts of the general plan or specific regulations with which the plat does not conform. On conditionally approving a plat, the Planning Commission may require submission of a revised preliminary plat.
    4. After final action by the Planning Commission, the preliminary plat will be forwarded to the Board of Trustees for their approval, approval with conditions, or disapproval. If the plat conforms to all of the standards, or after the applicant and Planning Commission agree upon any revision which shall be filed with the Planning Commission on a revised copy, the subdivider may proceed with the final plan of streets and roads, the preparation of utility plans, and with the preparation of a final plat.

(Prior Code, § 13-3-4) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

  1. Submission. The subdivider shall submit a final plat prepared in accordance with divisions (B) and (C) below and prepared for submission to the Planning Commission. Fifteen copies of the final plat shall be submitted to the Planning Commission not less than 15 working days prior to the meeting at which it is to be considered.
  2. Certification of design. The final plat shall contain and have affixed a statement signed by the registered engineer preparing the final plat that he or she has, to the best of his or her ability, designed the subdivision in accordance with the general plan, with which he or she is completely familiar, and in accordance with the ordinances and regulations governing the subdivision of land, except where an exception is requested in writing and the reasons for which are clearly stated.
  3. Contents of plat. The final plat shall be clearly and legibly drawn to a minimum scale of one hundred feet to one inch on good grade linen tracing cloth with India ink, or with a suitable black acetate base ink on a stable polyester base film, coated plastic material, or Mylar material. The sheets shall be 24 inches by 36 inches, and on the first sheet on each plat, there shall be a key map showing the location of the subdivision referenced to governmental survey lines and major streets. If more than two sheets are required for the plat, the key map shall show the number of sheets for the plat. The final plat shall contain or be accompanied by the following information:
    1. Date, scale (written and graphic) and north arrow;
    2. The name of the subdivision. The chapter shall include:
      1. Name of subdivision;
      2. Name of the city, county, and state; and
      3. Location and description of the subdivision with reference to section, township, and range.
    3. The name and address of the owner of record, the subdivider, and the registered engineer preparing the plat;
    4. A key map showing the location of the proposed subdivision referenced to existing or proposed major streets and to government lines, and including the boundaries and number of acres of the drainage area of which the proposed subdivision is a part;
    5. The legal description of the subdivision, and the number of acres of land contained within the subdivision;
    6. The location and description of all section corners and permanent survey monuments in or near the tract, to at least one of which the subdivision shall be referenced;
    7. The locations of the boundary lines and dimensions of tract being subdivided and the boundary of adjoining property;
    8. The location and dimensions of all proposed streets, alleys, and easements for public service or utilities. Street names are to be included;
    9. The lot and block numbers shall be in logical sequence with the dimensions shown plainly thereon;
    10. The location of all building lines and setback lines;
    11. The length of all lines and curve data for survey or reserve purposes shall be shown in feet and hundredth parts thereof;
    12. The following shall be made and shown as part of the plat:
      1. Owner's certificate and dedication statement of public lands and improvements, signed;
      2. Engineer's certificate of survey, signed and his or her seal;
      3. Reference to any separate instruments filed in the office of the County Clerk which directly affect the land being subdivided;
      4. The restrictive covenants applicable to the subdivision on a separate page of the plat;
      5. County Treasurer's certificate;
      6. Certificate of Board of Trustees' acceptance of ways, easements, and public land dedications;
      7. Certificate of release of mortgage for any portion of land dedicated to the public; and
      8. Certificate of Planning Commission approval.
    13. Marginal lines encircling the sheet. All lettering, signatures and seals shall be within the margin.
  4. Planning Commission action. The Planning Commission shall approve, approve conditionally, or disapprove the plat within 60 days of the date of its submission by the applicant.
    1. If the final plat is disapproved or approved conditionally, the reasons for such actions shall be stated in writing, a copy of which shall be signed by the Planning Commission Chairperson and shall be attached to one copy of the plat and transmitted to the subdivider.
    2. Unless stipulations or additional time is agreed to by the subdivider, and if no action is taken by the Planning Commission within 60 days after submission, the plat shall be deemed to have been approved by the Planning Commission.
    3. The reasons for disapproval or conditional approval shall refer specifically to those parts of the general plan or specific regulations with which the plat does not conform.
    4. On conditionally approving a plat, the Planning Commission may require submission of a revised final plat. If the plat conforms to all of the standards, or after the applicant and Planning Commission agree upon any revision which shall be filed with the Planning Commission on a revised copy, the subdivider may proceed with the final plan of streets and roads, the preparation of utility plans and with the preparation of a final plat.
    5. The approved final plat will then be forwarded to the Board of Trustees for review and consideration for final plat approval.
  5. Board of Trustees action.
    1. The Board of Trustees shall not approve a subdivision located in areas subject to flooding or the 100-year frequency flood or other impairment to the health or safety of the citizen within the jurisdiction of this chapter, unless and except specific plans have been submitted to and approved by the Planning Commission, which plans depict how flood and stormwaters will be controlled so as not to flood property upstream or downstream of the subdivision development. All subdivision plats shall comply with the provisions of Chapter 155 of this code.
    2. Before recording of the final plat, it shall be submitted to the Board of Trustees for approval and for acceptance of public ways and service and utility easements and land dedicated to the public use. This approval of the plat shall be shown over the signature of the mayor and attested to by the town clerk. The disapproval of any plat or plan by the Board of Trustees shall be deemed a refusal of the proposed dedication shown thereon. The Board of Trustees shall act upon the final plat within 45 days after it has been submitted for final approval, unless the subdivider stipulates in writing that additional time be allowed.
  6. Prints furnished after approval.
    1. Ten copies of the approved final plat shall be furnished by the subdivider for endorsement by the appropriate municipal officials. Each copy shall bear the original signatures of the owner or owners and shall be duly acknowledged. One or more of these ten copies shall be on good grade linen tracing cloth with India ink, or with a suitable black acetate base ink on a stable polyester base film coated plastic material, or Mylar material, or other similar durable material suitable for filing in the office of the County Clerk.
    2. After the approved final plat is filed of record in the office of the County Clerk, the subdivider shall return seven copies of the plat with all of the appropriate stamps, signatures, and plat number from the office of the County Clerk to the Town Clerk staff.
    3. After the final plat has been endorsed by all required officials, the Planning Commission staff shall distribute copies to appropriate officials, agencies or departments and retain file copies in the Town Clerk's office and the Planning Commission office.
  7. Approval and recording. No plat or other land subdivision instrument shall be recorded in the office of the County Clerk until it shall have been approved by the Planning Commission and by the Board of Trustees. All final plats shall be recorded within one year of the date of approval by the Planning Commission and the Board of Trustees, and no lots shall be sold from any plat until recorded. Failure to record the plat within six months of the date of Board of Trustees approval shall void all approvals thereto.

(Prior Code, § 13-3-5) (Ord. 1997-3-1, passed 3-10-1997)

156.050 Authority
156.051 Approved Lot Splits; Restrictions
156.052 Jurisdiction
156.053 Procedure For Obtaining Lot Splits

The Planning Commission, pursuant to powers and jurisdiction vested through 11 O.S. §§ 45-101 et seq., has the power and authority to review, approve, and disapprove transfers of land hereinafter referred to as "lot splits".

(Prior Code, § 13-4-1) (Ord. 1997-3-1, passed 3-10-1997)

  1. Lot splits approved. The following are lot splits that may be approved for the town:
    1. Lot split for the purpose of adding additional footage to an already existing lot or legal description with an established dwelling. This is not to be used to build an additional residence or dwelling;
    2. Lot split for the purpose of taking footage from two adjoining lots and creating a new lot abutting on an existing public street for one dwelling; and
    3. Lot split for the purpose of taking footage from one lot to create a new lot or legal description for one dwelling. This must abut an existing public street.
  2. Restrictions.
    1. Lot splits are not allowed for the creation of subdivisions on either public or private streets, unless preexisting conditions of the design standards and requirements dictate otherwise.
    2. Lot splits are not to be used to avoid meeting design standards and requirements of this chapter.
    3. The town shall require that design standards and requirements be met on any lot split, unless preexisting conditions of the design standards and requirements dictate otherwise.

(Prior Code, § 13-4-2) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

  1. The lot split regulations shall apply to any division of land into two or more tracts, lots, sites, or parcels, any part of which, when subdivided, shall contain less than ten acres in area. This title shall also apply to any division of land previously subdivided or platted into tracts, lots, sites, or parcels less than ten acres in area.
  2. No lot split shall be processed or approved for a tract of land which has not already completed the subdivision platting requirement subsequent to rezoning in Chapter 157 of this code. A lot split may be approved by the Planning Commission dividing an undivided tract along zoning boundary lines, provided the tract(s) of land meets all other requirements of a lot split listed in this chapter and complete subdivision platting requirements for each resulting tract.
  3. A maximum of two lot split approvals may be granted by the Planning Commission on any tract included as a part of a lot split. Thereafter, the tract(s) of land must receive subdivision platting or replatting approval for further subdivisions of the tract(s).

(Prior Code, § 13-4-3) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

  1. Survey requirements. An accurate survey of the proposed tract, and the division thereof, which shall be prepared by a land surveyor registered in the state, shall be submitted to the Planning Commission, or its designated representative, when application is made. Submission shall be made a minimum of 21 working days before the next regularly scheduled Planning Commission meeting, accompanied by the fee provided by ordinance which shall be paid to the Town Clerk in accordance with the following requirements.
    1. The drawing of the lot split shall include all existing and proposed lot lines, all existing buildings and improvements and their distances from lot lines, adjacent streets, street widths, existing access limitations, and a north arrow and scale, and proposed legal description. If the proposed lot split is to use or will use a private sewerage disposal system, the appropriate state and/or local agency's certified approval of said system and other applicable standards shall be submitted with the application.
    2. In all cases where drawings are attached on separate sheets, the applicant is to limit their size to eight and one-half inches by 14 inches, unless otherwise permitted by the Planning Commission. Fifteen copies of the lot split shall be provided by the applicant.
  2. Staff review. The staff shall review the proposed lot split to ensure compliance with all design and improvement requirements of town regulations and shall prepare a written report thereof, which shall be forwarded to the Planning Commission not more than seven days after receipt of the application for lot split for consideration by the Planning Commission.
  3. Planning Commission review and recommendation.
    1. The application for lot split shall be forwarded to the members of the Planning Commission at least seven days prior to meeting. In its review of lot splits, the Planning Commission staff shall:
      1. Field check area being lot split;
      2. Review the application for conformance with the general plan, existing zoning, applicable Board of Adjustment actions on the subject land, and this chapter;
      3. Send a copy of the proposed lot split to the utility companies serving said lot, the Town Administrator, and Public Works Supervisor (or the town staff responsible for overall town utility operations and maintenance); and
      4. Present the proposed lot split application at a Regular Subdivision Review Committee meeting. The Subdivision Review Committee recommendations shall be submitted to the Planning Commission at the next regularly scheduled meeting.
    2. The Planning Commission shall approve or disapprove the requested lot split based on the approval criteria set forth herein.
    3. If the application is denied, the reason(s) for denial shall be stated in writing, when applicable, with reference made to the express provision of this code to which the proposed lot split does not conform.
    4. The recommendation of the Planning Commission shall be forwarded to the Board of Trustees with 30 days for approval or denial.

(Prior Code, § 13-4-4) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

Cross-reference: Filing fees, see § 156.036

156.065 Improvements Required; Compliance With Design Standards
156.066 Streets And Sidewalks
156.067 Alleys
156.068 Stormwater Drainage
156.069 Blocks
156.070 Lots
156.071 Fire Hydrants
156.072 Utilities
156.073 Placement Of Finished Slab

The subdivider is put on notice that with the subdivision, he or she shall, at his or her own expense, pave all streets, install sanitary sewer, street signs, storm drainage improvements, and water lines as required by this subchapter.

(Prior Code, § 13-5-1) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

  1. Compliance with regulations.
    1. Major street plan. The street plan for proposed subdivisions shall conform to the major street plan of the town.
    2. Zoning regulations. All streets shall be platted in such a manner that all resulting lots may conform to the applicable zoning regulations.
    3. Federal and state regulations. Subdivisions adjacent to any state or federal highway shall require the approval of the State Highway Department as to its requirements pertaining to streets.
  2. Right-of-way width. In no instance shall a street right-of-way be less than 50 feet. Right-of-way widths which shall be provided for major streets are as follows:

    Street ClassificationMinimum Width Right-of-Way
    Collector street60 feet
    Minor street50 feet
    Primary arterial120 feet
    Secondary arterial100 feet
  3. Construction standards.
    1. General requirements. All streets and roadways shall be paved, curbed, and guttered before final approval and acceptance by the Board of Trustees. The subdivider shall maintain the streets, curbs, gutters, and approaches until construction of all required improvements is completed. After the completion of all required improvements is acknowledged by the Board of Trustees, the subdivider shall maintain all improvements for a period of one year from date of the Board of Trustees acknowledgment of completion.
    2. Grade. All streets and roadways shall be properly graded and drained with a minimum rise of six inches to center of street above gutter grade and curb gutter on both sides.
    3. Subgrade.
      1. The sub grade shall be scarified and compacted to 95% of standard proctor density. The subgrade shall be treated as follows:

        Plasticity Index Of Subgrade Soil
        Treatment
        < 15No treatment
        > 15 but < 25Fly ash
        > 25Lime
      2. Compaction tests shall be performed by a certified testing lab approved by the town. The tests will be done on the subgrade, road base, street surface, curb and gutter, and walks. All compaction tests will be paid for by the developer. After each satisfactory compaction test is accepted by the town's authorized representative, a permit must be issued before any further work is done.
    4. Road base. A base shall be provided for all streets as follows: three-fourths inch to two inch crushed limestone material six inches in depth and extending 18 inches beyond back of each curb; placed on subgrade, compacted to a minimum of 95% of maximum density. One compaction test shall be made for every 100 linear feet of street.
    5. Curb and gutter. Curb and gutter shall be six inches high above the gutter grades and six inches wide from back to face of curb with two-inch radius where curb meets gutter. The gutter shall extend 24 inches toward the street center from back of curb and be six inches deep. The finish grade of the gutter shall be on a plane rising to create a minimum of three-inch crown in the center joints as specified in concrete paving specifications in division (C)(6) below. Expansion and control joints shall align with street joints as much as possible.
    6. Concrete paving - alternate 1.
      1. Six inches deep minimum, six sacks (470 lbs.) portland cement per cubic yard with one and one-half down limestone blend, clean sand and water, as dictated by good concrete practice;
      2. Water proportions to be kept to a minimum produce 3,500 pounds compression before breaking after a period of 28 days from pour date;
      3. Three test cylinders to be made for each 60 yards of continuous pour. One cylinder to be broken at seven days, one to be broken at 14 days, and one to be broken at 28 days;
      4. Control joints shall be provided by minimum one-eighth inch wide saw joints, not less than 25% of the depth of the slab;
      5. Construction joint full depth of slab formed to a true line and grade to follow plane of street with one and one-half keyway at center of depth. A three-fourths inch concrete edging tool shall be run on each side of joint to form a smooth, clean appearance at surface. Vibrating or puddling along joint as poured will be performed to assure that concrete fills keyway and forms completely. Construction joints shall be used to end pour, and increments as specified shall be maintained;
      6. Either of these joint types will be provided at increments in any direction, not to exceed 15 feet; and
      7. Expansion joints shall be of three-fourths inch preformed asphaltic impregnated material through full depth of slab with smooth three-fourths inch dowels at 24-inch centers, two feet long with one foot extending into slab on each side of expansion joint. Edging tool shall be run on each side as expansion material. Expansion material shall be held to a straight line and true grade with the plane of the street; expansion joints shall be placed at all street returns and at connections to existing streets.
    7. Approaches. Approaches shall be the same concrete specifications as set forth in division (C)(6) above and a depth of six inches with a minimum width of ten feet with six feet radius at street. Curb shall turn from street and remain level until the rise in the approach reaches the six-inch curb height.
    8. Walks, sidewalks. Walks and sidewalks shall be the same concrete specifications as set forth in division (C)(6) of this section and six inches deep with joints cut at five-foot increments and one-half inch expansion joint set at 40-foot increments.
    9. Testing. All testing to be performed by approved, licensed, independent testing lab at expense of developer. All results of testing shall be available to the Town Administrator, or his or her designated representative, at all times, with copies given to him or her at end of construction period, and approval of streets shall be by the Board of Trustees. Tests will be done on the subgrade, road base, street surface, curb and gutter, and walks.
    10. Asphalt paving - alternate 2.
      1. Road base as specified in applicable divisions (C)(1) through (C)(9) above;
      2. Curb and gutter as specified in divisions (C)(1) through (C)(9) above;
      3. Minimum three-inch, type B asphalt from state-approved plant and meeting state specifications·
      4. Material shall be laid in one three-inch lift with self-powered asphalt paving machine capable of spreading mixture to thickness specified and true to line, grade, and crown as specified;
      5. Compaction shall be accomplished by use of steel wheeled, self-propelled rollers, weighing not less than eight to ten tons, maintaining consistent compaction throughout to assure not less than 95% of maximum density;
      6. Temperature of asphaltic material shall be maintained at a minimum of 225°F; and
      7. Any joints created at end of daily operations shall be sawed back at a point where proper grade and plane exists and a clean cut made through the full depth of the asphalt.
    11. Responsibility for compliance. Contractor assumes responsibility for awareness of and compliance with all specifications and agrees to replace or repair any or all areas failing to meet specified minimums based on results of laboratory results or inadequacies observed by the Town Administrator or his or her designated representative.
    12. Maintenance bond. Prior to the acceptance of required improvements by the town, the subdivider shall provide a maintenance bond for all required improvements to be accepted. The bond shall be for the full cost of the required improvements for a period of two years and for 20% of the said full cost for an additional four years. The full cost shall be determined based on the cost per linear foot to construct the same street according to the same specifications set in the approved construction plans as determined by the Town Administrator, or his or her designated representative.
    13. Repairs and reconstruction. The town shall not be bound to compliance with specifications for the purposes of repairs and reconstruction of streets.
    14. Industrial road projects. State Department of Transportation specifications will supersede this chapter for the construction of industrial road projects within the municipal boundaries of the town.
  4. Street signs. Street signs shall be installed as directed by the Board of Trustees. Streets shall not be accepted by the town until all approved street signs are installed by the subdivider.
  5. Sidewalks.
    1. Sidewalks may be required in conjunction with any street or highway where deemed essential for public safety.
    2. All sidewalks shall be a minimum width of 48 inches and a distance of not more than two feet from the property line.
  6. Street alignment. Street alignment should be such as to discourage sharp curves and the resulting traffic hazards and to permit proper intersection of streets.
  7. Street jogs. Street jogs shall be avoided. The Board of Trustees may require that streets be connected by a curve or diagonal line in such a manner that a smooth flow of traffic and elimination of traffic hazards are assured.
  8. Connection with existing streets. At all boundaries of a subdivision, provisions shall be made to connect with existing and potential streets in adjacent areas, as may be directed by the Board of Trustees.
  9. Cul-de-sacs. Cul-de-sacs shall be avoided if at all possible and approved only as a logical design consideration. Cul-de-sacs shall terminate in a turnaround with a radius of not less than 75 feet at the property line and a radius of not less than 65 feet at the outside curb line. The maximum length shall be 500 feet; however, when deemed advisable, the Board of Trustees may permit a variation from this length in order to adjust to topographical conditions.
  10. Dead-end streets.
    1. In the case of dead-end streets which are stub streets designed to provide connections with adjoining unsubdivided areas, the Board of Trustees may require:
      1. An easement for a turnaround of the nature mentioned above;
      2. A roadway at least 26 feet in width and sufficient to connect the temporary dead-end street with an existing street; or
      3. An appropriate area for a backaround.
    2. In all instances, provisions must be made for adequate storm drainage structures to prevent water from standing in the ends of stub streets or cul-de-sacs.
  11. Street corners.
    1. Street corners shall have minimum radii of 12 and one-half feet at the curb line.
    2. All street corner radii shall be shown on the street improvement plan.
  12. Intersections.
    1. In general, streets should be laid out to intersect at right angles, and a curve may be used approaching the intersections to bring this about.
    2. No street shall intersect any other street at an angle of less than 70 degrees.
    3. Street intersections involving major streets and highways shall have a minimum street corner radius of 25 feet at the curb line or its equivalent.
  13. Street grades.
    1. Street grades for major streets shall not exceed 5%.
    2. Street grades for all other classes of streets and highways shall not exceed 8%.
    3. When deemed advisable, the Board of Trustees may permit a variation from these grades in order to adjust to topographical conditions.

(Prior Code, § 13-5-2) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

  1. All alleys shall have a minimum width of 20 feet.
  2. Abrupt changes in alignment or dead ends shall be avoided.
  3. "T" or shaped alleys shall have a radius of not less than ten feet at the point of intersection.
  4. All alleys shall be opened and to a grade approved by the Board of Trustees.
  5. Where alleys are not provided or may not be used for that purpose, general utility easements not less than 20 feet in width shall be provided at the rear of the lots for poles, wires, conduits, storm sewer, sanitary sewers, gas lines, water mains and lines, or other such similar purposes.

(Prior Code, § 13-5-3) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

  1. When a subdivision is transversed by a watercourse channel, stream, or creek, the subdivider shall provide an easement sufficient for maintenance, said easement to be not less than 25 feet.
  2. All land development shall be related to the surrounding drainage pattern with provisions made for proper storm drainage facilities.
  3. If stormwater is to be diverted from its natural course, the following requirements shall apply:
    1. A sketch showing the existing waterway and the location of the proposed channel change;
    2. Profile of existing watercourse; and
    3. Refer to design improvement standard exhibits for typical channel improvements. Said exhibits are on file in the office of the Town Clerk for public use and inspection.
  4. All future developments five acres or larger shall be designed by a registered professional engineer implementing stormwater management techniques to contain postdevelopment runoff at a predevelopment release rate. Certification for the placement of materials for streets and drainage systems shall be guaranteed.

(Prior Code, § 13-5-4) (Ord. 1997-3-1, passed 3-10-1997; Ord. 1999-12-2, passed 12-27-1999) Penalty, see § 156.999

  1. Blocks should have the following dimensions.


    MinimumMaximum
    Length3001,200
    Width250480
  2. The above dimensions shall be subject to adjustment by the Planning Commission where the topographical character of the proposed use necessitates a modification to the standards in order to mitigate unusual physical conditions.

(Prior Code, § 13-5-5) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

Lot dimensions and setback lines shall conform to the regulations of the town; provided, the dimensions of the lots shall not be less than 75 feet in width and not less than 125 feet in length; further provided, that the lot width of lots that were platted prior to the adoption of ordinance 1975-11-2 shall be a minimum of 60 feet. Side lots should be at right angles or radial to street lines.

(Prior Code, § 13-5-6) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

Fire hydrants shall be installed and conform to the following standards.

  1. All fire hydrants installed in the incorporated limits of the town are to be installed at each street intersection and every 500 feet therefrom, or closer. At the discretion of the Fire Chief and the Board of Trustees, fire hydrants may be installed a distance not to exceed 600 feet.
  2. No installation of fire hydrants in the town shall be permitted until such proposed installations have been approved by the Fire Chief. Upon such proposed installations being presented to the Fire Chief, he or she shall, within 30 days, make his or her findings and recommendations to the Board of Trustees concerning the proposed installation of fire hydrants.

(Prior Code, § 13-5-7) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

  1. Water lines. All water lines installed shall be of an approved material and shall be a minimum of six inches in diameter. Water lines greater than six inches in diameter may be required by the town and as recommended by the Town Administrator, or his or her designated representative, in those instances deemed necessary.
  2. Sanitary sewer lines. All sanitary sewer lines shall be a minimum of eight inches in diameter of an approved material. Sanitary sewer lines greater than eight inches in diameter may be required by the town and as recommended by the Town Administrator, or his or her designated representative, in those instances deemed necessary.
  3. Streetlights. Streetlights shall be provided and installed by the subdivider prior to the streets being accepted by the town.

(Prior Code, § 13-5-8) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 156.999

Pertaining to all future construction, the top of finished slab shall be a minimum of 16 inches above original dirt grade and 16 inches above the floodplain, where applicable.

(Prior Code, § 13-5-9) (Ord. 2000-4-1, passed 4-10-2000) Penalty, see § 156.999

156.085 Required Standards
156.086 Emergency Rapid Access Devices
156.087 Homeowners' Association Requirements
156.088 Access Agreement
156.999 Penalty

  1. No public street shall be obstructed. Gated access will only be considered for private streets, approved planned unit developments, apartment projects, or other subdivision plats approved by the Board of Trustees for private streets.
  2. The gate shall be located a sufficient distance from a public street to allow three cars to line up at the gate without interfering with vehicles utilizing the public street. In no case shall the gate be located closer than 70 feet from the curb or edge of the pavement of a public street.
  3. A turnaround lane shall be provided for vehicles unable to enter the gated development.
  4. Road spikes, barbs, or other tire damaging devices shall not be allowed.
  5. The Board of Trustees shall approve all circulation plans for this type of development and may require multiple entrances.
  6. Adopted town standards for streets, sidewalks, fire lanes, fire hydrants, and other engineering and development requirements shall apply to ensure that the controlled access developments are compatible to adjoining areas.
  7. The minimum gate opening width, including clearance for all improvements related to the gate, shall not be less than 20 feet, if accommodating two directions of traffic, and no less than 14 feet for each gate accommodating each direction of traffic.
  8. An entry key pad shall be located on a pedestal near the normal access route. The entry code shall be used for nonemergency access. The access code shall be given to the Fire Department, Police Department, Code Enforcement Department, and all other emergency and town services.
  9. An emergency release hitch pin shall be installed on the control arm. This hitch pin, when removed, will detach the control arm from the gate and allow the gate to swing open freely with manual intervention.
  10. A battery backup system shall be provided for each gate. The batteries shall be trickled charged to maintain electrical energy, and in the event of loss of normal electrical current, cause the gate to open and stay open until reset by a responsible member of the homeowners' association.
  11. The location of all entrance pedestals, emergency pull boxes, key pads, hitch pins, related equipment, operation of gate, signage, opening design, swinging or sliding operation of the gate, or any other design specifications shall be constructed and installed in accordance with the plans approved by the Building Director/Code Officer and the Fire Chief.
  12. Should any problem occur in the operation of the gate, or any violation of this chapter occur, the gate shall remain open and accessible until the problem is resolved and/or the gate is repaired and tested.
  13. When a covered entry is requested, the minimum height shall be no less than 16 feet.
  14. Trash pick up shall be at the front gate area. Trash is to be held in an enclosed area. In the alternative, the parties may enter into a hold harmless agreement that would enable the town to use the streets for trash pick up purposes with no liability to the town for any damages caused by the sanitation equipment.
  15. A 75-foot turnaround shall be provided at the end of any street in a gated subdivision.

(Prior Code, § 13-6-1) (Ord. 2003-0006, passed 4-14-2003) Penalty, see § 156.999

  1. Gated communities include all controlled access gates that serve housing developments, apartment complexes, townhouse complexes, and any other controlled access gates where a gated access affects the health, safety, and welfare of the public service.
  2. For the purpose of this section, emergency rapid access devices shall include rapid access key boxes, keyed switches, and keyed padlocks. The keys and devices shall be UL certified and approved by the Fire Chief or his or her designee.
  3. All new gated communities as described in division (A) above shall install and maintain rapid entry devices as described in division (B) above. All existing gated communities as described in division (A) above shall install and maintain rapid entry devices as described in division (B) above.

(Prior Code, § 13-6-2) (Ord. 2003-0006, passed 4-14-2003) Penalty, see § 156.999

A homeowners' association shall be established for all controlled access developments. The homeowners' association will be responsible for the following:

  1. Providing the names, addresses, and emergency contact numbers of all residents of the town for use by the Fire Department, Police Department and other emergency personnel;
  2. Maintenance and repairs of the private streets and/or fire lanes, and to provide the funds therefor through the use of assessments;
  3. Maintenance, testing, and repairs of all functions of the gate;
  4. Establishing the access code to the gate and assuring that the Fire Department, Police Department and other emergency services have the proper code number. Changing the code shall not be permitted without proper notification;
  5. Accompanying the Fire Department during annual inspection and testing of the operating systems; and
  6. Maintaining a service agreement with a qualified contractor to ensure year-round maintenance.

(Prior Code, § 13-6-3) (Ord. 2003-0006, passed 4-14-2003) Penalty, see § 156.999

  1. The Town Administrator, upon recommendation of the Building Director/Code Officer, Fire Chief and Police Chief, shall approve an access agreement with the developer, homeowners' association, or other responsible property owners, providing for an annual inspection of each gate to ensure that each gate is tested to meet all of the requirements of this chapter prior to it being approved for operation or continued operation. The access agreement shall include a hold harmless clause, wherein the developer, homeowners' association, or other responsible property owners agree to hold the town harmless in the event that the emergency devices on the gates fail, and the Fire Department or Police Department are compelled to "crash" the gates in order to respond to an emergency call or situation. In the event that damage to any town owned vehicle is caused by failure of the developer, homeowners' association, or other responsible property owners to notify in a timely fashion the Fire Department and the Police Department of a new access code, or failure to submit a key to a new lock on the emergency pull box, the developer, homeowners' association, or other responsible property owners shall be liable for the cost of repairs to town owned equipment as a result of a "crash" of the gate.
  2. Verification of the access agreement and a copy thereof shall be kept on file at the Fire Department and the Police Department, along with the contractor's name, address, 24-hour telephone numbers, and the developer, homeowners' representative, or responsible property owner's name, address, and emergency access telephone numbers shall be minimum requirements for approval of the annual inspection of the gate. The Fire Department shall conduct the annual inspection on the anniversary date each year of the date of approval of the access agreement.

(Prior Code, § 13-6-4) (Ord. 2003-0006, passed 4-14-2003) Penalty, see § 156.999

  1. Any person, firm, corporation, partnership, association, or any other legal entity who undertakes any construction or modification of a structure or who violates any other provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in § 10.99 of this code. Each day of violation or noncompliance shall constitute a separate offense.
  2. Issuance of citations. The Town Administrator, or his or her designated representative, shall issue all citations for alleged violations of this chapter.

(Prior Code, § 13-2-4) (Ord. 1997-3-1, passed 3-10-1997)

157 General Provisions
157 Administration And Enforcement
157 Board Of Adjustment; Appeals
157 Zoning Districts And Map
157 General Zoning Provisions
157 Residential Districts
157 A-1 Agricultural District
157 CBD Central Business District
157 Commercial Districts
157 Industrial Districts
157 HL Historic Landmark And HP Historic Preservation Districts
157 Supplementary Zoning Regulations
157 Off-Street Parking Regulations
157 Nonconforming Lots, Uses, And Structures

157.001 Short Title
157.002 Purpose
157.003 Interpretation And Application Of Provisions
157.004 Definitions

This chapter shall be known and may be cited as the Zoning Code, Town of Fort Gibson, Oklahoma.

(Prior Code, § 12-1-1) (Ord. 1997-3-1, passed 3-10-1997)

  1. This zoning code is enacted for the purposes of promoting the health, safety, peace, morals, comfort, convenience, prosperity, order, and general welfare; to reduce the danger and congestion of public transportation; to provide adequate light and air, public utilities, facilities, and services, and other public requirements; to promote productive and enjoyable harmony between humans and their environment; to achieve a balance between population and resource use which will permit high standards of living and a wide sharing of amenities; to prevent overcrowding of land and undue encroachment thereon; to promote efforts which will help prevent or eliminate damage to the environment; to stimulate and assure for all citizens safe, healthful, productive, and aesthetically and culturally pleasing surroundings; to encourage the residential, commercial, and industrial growth of the community as well as the most appropriate use of land; and to encourage the development of the community in accordance with a general plan.
  2. For the purpose of lessening traffic congestion, to secure safety from fire and other dangers, to promote health and the general welfare of the public, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population and to facilitate the adequate provision of public utilities and facilities and to provide for the administration, enforcement and amendment of a uniform system of zoning within the town limits, the town has adopted zoning regulations which may be amended from time to time.

(Prior Code, § 12-1-2) (Ord. 1997-3-1, passed 3-10-1997)

  1. Minimum requirements. In interpretation and application, the provisions of this zoning code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare.
  2. Conflicting provisions.
    1. Wherever the requirements of this zoning code are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern.
    2. Wherever the regulations made under authority of this zoning code require a greater width or size of yards, courts, or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulations, the provisions of the regulations made under authority of this zoning code shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building, or a lesser number of stories, or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required by the regulations made under authority of this zoning code, the provisions of such statute, or local ordinance or regulation shall govern. In no event shall any provision of this zoning code apply to any property of any railway company or terminal company.

(Prior Code, § 12-1-3) (Ord. 1997-3-1, passed 3-10-1997)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

ALLEYS. Public ways which are used primarily to service the back or side of a property which also abuts on a street; a minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

AUTOMOBILE OR TRAILER SALES AREA. An open area, other than a street, used for the display, sale, or rental of new or used automobiles or trailers which must be in condition to be driven on or off the areas and where no repair work is done except minor incidental repair to automobiles or trailers to be displayed, sold, or rented on the premises. This area shall not be used for the storage of wrecked automobiles, trucks, or trailers.

BED AND BREAKFAST. A dwelling or area containing one or more structures occupied by the property owner where, for compensation; lodging and meals are provided for up to a maximum of eight guestrooms; and the owner thereof intends that the same guest occupy the bed and breakfast facility for less than 15 days.

BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.

BUILDING AREA. The portion of a lot covered by buildings.

BUILDING HEIGHT. The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof or the highest gable of a pitch or hip roof.

BUILDING, MAIN. A building in which is conducted the principal use of the lot on which it is situated.

BUSINESS. Includes a neighborhood retail business, commercial, and manufacturing uses, and districts as herein defined.

CHILDCARE CENTER. Any place or institution which receives eight or more children under the age of 16 years and not of common parentage, for care apart from their natural parents, legal guardians, or custodians, then received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated, or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children while their parents or legal guardians are attending services or meetings or classes, or are engaged in church activities.

CLINIC. See definition of MEDICAL FACILITIES.

CLINIC, ANIMAL. Structure or area owned and operated by a doctor of veterinary medicine for the purpose of treating and caring for animals.

COMMERCIAL PARKING LOT. Any tract of land which is used for the storage of motor vehicles and is not accessory to any other use on the same or any other zoning lot, and contains space rented to the general public by the hour, day, week, month, or year. However, a COMMERCIAL PARKING LOT shall not include any establishment used for automobile repairs, excepting minor repairs which are solely incidental to the storage of motor vehicles, nor any establishment used exclusively for the storage of commercial or public utility motor vehicles or for dead storage of motor vehicles.

COURT. An open, unoccupied space, bounded on more than two sides by the walls of the building.

  1. INNER COURT. A court entirely surrounded by the exterior walls of a building.
  2. OUTER COURT. A court having one side open to a street, alley, yard, or permanent open space.

COVERAGE. The percentage of the lot area covered by the building. The building area shall include all overhanging roofs.

DRIVE-IN RESTAURANT OR REFRESHMENT STAND. Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and eat or drink the food, refreshments, or beverages on the premises.

DWELLING, MANUFACTURED OR MOBILE HOME.

  1. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet (2,438 body mm) or more in width or 40 body feet (12,192 body mm) or more in length or, when erected on site, is 320 or more square feet (30 m2), and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except, that such term shall include any structure which meets all the requirements of this division (A) except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary (HUD) and complies with the standards established under this zoning code.
  2. For MOBILE HOMES built prior to June 15, 1976, a label certifying compliance with the standards for mobile homes, NFPA 501, ANSI 119.1, in effect at the time of manufacture is required.
  3. For the purpose of this zoning code, a MOBILE HOME shall be considered a MANUFACTURED HOME.

DWELLING, MULTIPLE-FAMILY. A residential building designed for three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

DWELLING, SINGLE-FAMILY. A detached residential dwelling unit, other than a mobile or manufactured home, designed for and one family only, and which shall:

  1. Have a fixed, permanent foundation;
  2. Utilize customary residential exterior finishing materials;
  3. Contain a core area of living space at least 20 feet by 20 feet, exclusive of an attached garage; and
  4. Meet all other town codes and ordinances.

DWELLING, TWO-FAMILY. A detached residential building containing two dwelling units, designed for occupancy by not more than two families living independently of each other.

DWELLING UNIT. One room, or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

FAMILY. One or more persons occupying a single dwelling unit; FAMILY or FAMILIES.

FAMILY CHILDCARE HOME. A family home which provides care and protection for seven or fewer children for a part of the 24-hour day. The total number of children in a FAMILY CHILDCARE HOME is limited to seven. The number includes:

  1. Children under five years of age who live in the home and are present in the home while children are in care;
  2. Foster children 12 years of age and younger who live in the home and are present in the home while children are in care; and
  3. The children of any substitute or assistant caregiver.

GARAGE. A building designed for the storage or repair of motor vehicles.

  1. PRIVATE GARAGE. A detached accessory building or portion of a main building used for the parking or storage of the automobiles of the occupants of the premises; provided, that not more than two spaces may be rented to persons not residing on the premises; and provided further, that not more than one commercial vehicle not exceeding two and one-half tons' capacity may be parked or stored therein.
  2. PUBLIC GARAGE. A building whose principal use is for the care, service, or repair of motor vehicles or where vehicles are parked or stored for remuneration, hire, or sale.

GENERAL PLAN. General plan or master plan or comprehensive plan for development for the town which has been officially adopted to provide long range development policies for the area subject to urbanization and/or incorporation into the town in the foreseeable future and which includes, among other things, the plan for land use, land division, circulation, streets, and community facilities.

HEIGHT. The HEIGHT of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher or, if no street grade has been established, to the highest point of the roof's surface, if a flat surface, to the deck line of mansard roofs and to the mean height level between eaves and ridge for hip and gable roofs. In measuring the HEIGHT of a building, except for airport zoning purposes, the following structures shall be excluded: chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires and parapet walls not exceeding four feet in HEIGHT.

HIGH RISE APARTMENTS. Any residential building over 35 feet or two and one-half stories in height.

HOME OCCUPATION. An occupation conducted in a dwelling unit; provided, that:

  1. No person other than members of the family residing on the premises shall be engaged in such occupation;
  2. The use of the dwelling unit for the HOME OCCUPATION shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the HOME OCCUPATION;
  3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such HOME OCCUPATION, other than one sign not exceeding one square foot in area, nonilluminated, and mounted flat against the wall of the principal building;
  4. No traffic shall be generated by such HOME OCCUPATION in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such HOME OCCUPATION shall be set off the street and other than in a required front yard; and
  5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

HOSPITAL. See definition of MEDICAL FACILITIES.

HOTEL. Is an establishment that provides paid lodging on a short-term basis.

IMPERVIOUS MATERIAL. A material which does not permit the ready passage or penetration or flow of water through or into.

KENNEL. Any lot or premises on which more than three dogs or three cats more than four months of age are kept.

LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pick ups and deliveries, scaled to such delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking space.

LOT. A subdivision of a block or other parcel intended as a unit for the transfer of ownership or for development. A LOT is a contiguous parcel of land of at least sufficient size to meet the minimum zoning requirements for the zoning district in which it is located. The word LOT includes the words "plot" or "parcel". LOTS may be created by division or combination of other LOTS, parcels, or tracts of land, but in no case shall any residual LOT or parcel be created which does not meet the requirements of this zoning code. Such LOT shall have frontage on an improved public street, or on an approved private street, and may consist of:

  1. A single lot of record;
  2. A portion of a lot of record;
  3. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; and
  4. A parcel of land described by metes and bounds.

LOT, CORNER. A lot located at the intersection of and abutting on two or more streets.

LOT, DOUBLE FRONTAGE. A lot which runs through a block from street to street and which has two nonintersecting sides abutting on two or more streets.

LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of "yard" in this section.

LOT MEASUREMENTS.

  1. DEPTH. "Depth of a lot" shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
  2. WIDTH. "Width of a lot" shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width, except in the case of lot on the turning circle of cul-de-sac, where the 80% requirement shall not apply.

LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT TYPES.

  1. CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an interior angle of less than 135 degrees.
  2. INTERIOR LOT. A lot other than a comer lot with only one frontage on a street.
  3. REVERSED FRONTAGE LOT. A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area.

MEDICAL FACILITIES.

  1. CONVALESCENT, REST OR NURSING HOME. A health facility where persons are housed and furnished with meals and continuing care for compensation.
  2. HOSPITAL. An institution providing health services primarily for human inpatients and medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.
  3. PROFESSIONAL CLINIC. A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions.
  4. PUBLIC HEALTH CENTER. A facility primarily utilized by a health unit for the provision of public health services including related facilities such as laboratories, clinics, and administrative offices operated in connection therewith.
  5. SANITARIUM. An institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.

MOBILE HOME PARK OR COURT. Land or property which is used or intended to be used or rented for occupancy by ten or more mobile homes or moveable sleeping quarters of any kind.

MOTEL. A roadside hotel designed primarily for motorist typically having the rooms arranged in a low building with parking outside.

OPEN SPACE. Area included in any side, rear, or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves, or porches.

OUTDOOR ADVERTISING BUSINESS. Provision of outdoor displays or display space on a lease or rental basis only.

PARKING SPACE, OFF-STREET. An OFF-STREET PARKING SPACE shall consist of space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another. A parking space shall be a minimum of nine feet in width and 19 feet in length. Refer to §§ 157.205 through 157.209 of this chapter for detailed off-street parking provisions.

PERSON. Includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

PLANNING COMMISSION. The Fort Gibson Planning Commission which serves as the Zoning Commission for the town.

SCHOOLS. Such institutions of learning, not operated for profit, which offer and maintain a course or courses of instruction leading to degrees or certificates of graduation recognized by the Board of Education of the state.

SEATS. The seating capacity of a particular building; in the event individual seats are not provided, each 20 inches of benches or similar seating accommodations shall be considered as one seat for the purpose of this chapter.

SERVICE STATION.

  1. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made, and no other:
    1. Sale and servicing and repair, but not recapping or regrooving;
    2. Tire servicing and repair, but not recapping or regrooving;
    3. Replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like; motor;
    4. Radiator cleaning and flushing;
    5. Washing and polishing, and sale of automotive washing and polishing materials;
    6. Greasing and lubrication;
    7. Providing and repairing fuel pumps, oil pumps, and lines;
    8. Minor servicing and repair of carburetors;
    9. Emergency wiring repairs;
    10. Adjusting and repairing brakes;
    11. Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
    12. Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for filling station customers, as accessory and incidental to principal operation; and
    13. Provision of road maps and other informational material to customers; provision of restroom facilities.
  2. Uses permissible at a SERVICE STATION do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in SERVICE STATIONS. A SERVICE STATION is not a repair garage nor a body shop.

SHALL and MAY. SHALL is mandatory; MAY is permissive.

SHELTER, FALLOUT. A structure or portion of a structure intended to provide protection to human life during periods of danger from nuclear fallout, air raids, storms, or other emergencies.

SIGN. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:

  1. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;
  2. Flags and insignias of any government except when displayed in connection with commercial promotions;
  3. Legal notices; identification, informational, or directional signs erected or required by governmental bodies;
  4. Integral decorative or architectural features on buildings except letters, trademarks, moving parts, or moving lights; and
  5. Signs directing and guiding traffic and parking on private property but bearing no advertising matter.

SIGN, OFF-SITE. A sign other than an on-site sign.

SIGN, ON-SITE. A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. ON-SITE SIGNS do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

SIGNS, NUMBER AND SURFACE AREA.

  1. For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element is considered to be a single sign.
  2. The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements bearing advertising matter shall be included in computation of surface area.

SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zoning division or district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such use may be permitted if specific provision for such special exception is made in this chapter.

STORY. The portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished for use. A HALF STORY containing independent apartments or living quarters shall be counted as a full story.

STREET. Includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, highways, and other ways dedicated for public use.

  1. STREET, INTERSECTING. Any street which joins another street at any angle, whether or not it crosses the other.
  2. STREET, PRIVATE. Any private thoroughfare which affords access to abutting property.

STREET LINE. A dividing line between a lot, tract, or parcel of land and a contiguous street; the right-of-way line of a street.

STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, mobile homes, walls, fences, billboards, and poster panels.

TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.

USE. The term employed to refer to any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained, or occupied; and an occupation, business, activity, or operation carried on, or intended to be carried on, in a building or other structure or on land.

USED or OCCUPIED. Include the words intended, designed, or arranged to be used or occupied.

VARIANCE. Deviation from the zoning code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the zoning code would result in unnecessary and undue hardship. As used in this zoning code, a VARIANCE is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by VARIANCE, nor shall a VARIANCE be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

YARD. A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that customary yard accessories, ornaments, and furniture may be permitted in any YARD subject to height limitations and requirements limiting obstruction of visibility.

YARD, FRONT. A yard extending between side lot lines across the front of a lot adjoining a public street.

  1. Obstruction to view. In any required FRONT YARD, no fence, wall, or hedge shall be permitted. No shrub or other vegetation shall be permitted which materially impedes vision across such yard between the heights of 30 inches and ten feet.
  2. Through lots. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, FRONT YARDS shall be provided on all frontages. Where one of the FRONT YARDS that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Planning Commission, with approval of the Board of Trustees, may waive the requirement for the normal FRONT YARD and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
  3. Corner lots.
    1. In the case of comer lots which do not have reversed frontage, a FRONT YARD of the required depth shall be provided in accordance with the prevailing yard pattern and a second FRONT YARD of one-half the depth required generally for FRONT YARDS in the district shall be provided on the other frontage.
    2. In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of one-half the depth required generally for front yards in the district shall be provided on the other frontage.
    3. In case of corner lots with more than two frontages, the administrative officials shall determine the FRONT YARD requirements, subject to the following limitations:
      1. At least one FRONT YARD shall be provided having the full depth required generally in the district; and
      2. No other FRONT YARD on such lot shall have less than one-half the full depth required generally.
  4. Depth, required FRONT YARDS shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lines would have met without such rounding. Front and rear front yard lines shall be parallel.

YARD, REAR.

  1. A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no REAR YARDS, but only front and side yards.
  2. The depth of a required REAR YARD shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

YARD, SIDE.

  1. A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, SIDE YARDS shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full and half depth front yards have been established shall be considered SIDE YARDS.
  2. The width of a required SIDE YARD shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

YARD, SPECIAL. A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the Planning Commission, with approval of the Board of Trustees, shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by a relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.

ZONING COMMISSION. The Fort Gibson Planning Commission serving as the Zoning Commission.

(Prior Code, § 12-1-5)

HISTORY
Amended by Ord. 2023-021 on 5/22/2023
157.015 Administration And Enforcement Officials
157.016 Copies Of Provisions On File
157.017 Building Permit And Certificate Of Compliance
157.018 Platting Requirements
157.019 Uses Permissible Upon Review
157.020 Exceptions And Variances
157.021 Amendments
157.022 Appeals
157.023 Fees And Charges
157.024 Violations

  1. Town Administrator and Town Clerk.
    1. Designated as administration and enforcement officials. The Town Administrator, or his or her designated representative, and Town Clerk shall administer and enforce the zoning code. They may be provided with the assistance of such other persons as the Board of Trustees may direct.
    2. Powers and duties.
      1. If the administrative officials shall find that any of the provisions of the zoning code are being violated, they shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.
      2. The administrative officials shall order discontinuance of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this zoning code to ensure compliance with or to prevent violation of its provisions.
      3. It shall be the responsibility of the Town Clerk for the Planning Commission to fix the date, time, and place, the publication and mailing notices as required by this zoning code, and conduct the public hearings and report on the public hearings with its recommendations for action to be taken by the Board of Trustees.
  2. General procedures.
    1. It is the intent of the zoning code that all questions of interpretation and enforcement shall be first presented to the Town Administrator or designated representative, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Town Administrator, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law.
    2. It is further the intent of this zoning code that the duties of the Board of Trustees in connection with the zoning code shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this zoning code.
    3. Under this zoning code, the Board of Trustees shall have only the duties:
      1. Of considering and or rejecting proposed amendments or the repealing of this zoning code, as provided by law; and
      2. Establishing a schedule of fees and charges as stated in § 157.023 of this chapter.
  3. Code of ethics. The Mayor or any member of the Board of Trustees, Planning Commission, or Board of Adjustment to whom some private benefit, direct or indirect, financial or otherwise, may come as a result of a public action concerning this zoning code, shall not be a participant in that action. The possibility, not the actuality, of a conflict shall govern. The individual experiencing a conflict of interest shall declare his or her interest, abstain from voting on the matter, and refrain from any deliberation on the matter. The individual shall not discuss the matter with a fellow official for the purpose of influencing a decision thereon. Any violation of this code of ethics by any member of the Planning Commission or Board of Adjustment shall be subject to removal by a majority vote of the Board of Trustees. Any violation of this code of ethics by a member of the Board of Trustees shall make the action taken by the Board of Trustees null and void.

(Prior Code, § 12-2-1) (Ord. 1997-3-1, passed 3-10-1997)

A copy of the zoning regulations, amendments, and map shall be kept on file in the office of the Town Clerk.

(Prior Code, § 12-2-2) (Ord. 1997-3-1, passed 3-10-1997)

  1. Building permit.
    1. Permit and compliance required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor issued by the administrative officials. No building permit shall be issued by the administrative officials except in conformity with the provisions of this zoning code, unless they receive a written order from the Board of Adjustment in the form of an administrative review, special exception, or variance as provided by this zoning code.
    2. Application for permit. No building permit shall be issued until the applicant files an application stating the location, type, and size of the structure to be erected, constructed, repaired or relocated, and has attached thereto a plan in duplicate. All applications for building permits shall be provided in duplicate, drawn to scale, and showing exact dimensions of all lots, buildings, and structures. Said plan shall depict, to scale, the lot lines, floor plan, lowest floor elevation (including basement), location of building on the lot, setback lines, easements, right(s)-of-way, north arrow, scale, existing and/or proposed uses, number of dwelling units and lot areas, and furnish such other information as the Building Director/Code Officer may require.
    3. Approval or disapproval of permit. The Building Director/Code Officer shall review the permit and approve or disapprove the permit within five working days. One copy of the plans shall be returned to the applicant by the administrative officials. After they have marked such copy, either as approved or disapproved and attested to same by their signature on such copy, one copy of the plans, similarly marked, shall be retained by the administrative officials.
    4. Expiration of permit.
      1. If the work described in any building permit has not begun within six months from the date of issuance thereof, said permit shall expire, it shall be canceled by the administrative officials, and written notice thereof shall be given to the persons affected.
      2. If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the administrative officials, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
  2. Certificate compliance. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the administrative officials stating that the proposed use of the building or land conforms to the requirements of the zoning code.
  3. Scope of permit and certificate. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative officials authorize only the use, arrangement, and construction set forth in such approved plans and applications. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this zoning code and punishable as provided by §§ 157.024 and 157.999 of this chapter.

(Prior Code, § 12-2-3) (Ord. 1997-3-1, passed 3-10-1997)

For the purposes of providing a proper arrangement of streets and assuring the adequacy of open spaces for traffic, utilities, and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established as follows. For any land which has been rezoned upon application of a private party or any land which has been granted a special exception by the Board of Adjustment as enumerated under the provisions within this code, no building permit or zoning clearance permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat or replat, as the case may be, submitted to and approved by the Planning Commission, and filed of record in the office of the County Clerk of the county wherein the property is situated. Provided, that the Board of Trustees, pursuant to its exclusive jurisdiction of subdivision plats, may remove the platting requirement upon a determination that the above stated purposes have been achieved by previous platting or could not be achieved by a plat or replat.

(Prior Code, § 12-2-4) (Ord. 1997-3-1, passed 3-10-1997)

Where the zoning code provides for the use permissible upon review, the following procedure is established.

  1. Application for review. Applications for review shall be filed with the secretary of the Planning Commission at least seven days prior to the next regular meeting of the Commission. The application shall show the location and intended use of the site, the names of the property owners and existing land uses within 300 feet, exclusive of streets and alleys, and any other information pertinent to the request that the Planning Commission may require.
  2. Hearing and notice requirements. The Planning Commission shall fix the date, time, and place of a public hearing. The public notice shall be the same as § 157.021(C) of this chapter.
  3. Planning Commission recommendation. The Planning Commission shall, within 45 days after said public hearing, make a recommendation to the Board of Trustees.

(Prior Code, § 12-2-5) (Ord. 1997-3-1, passed 3-10-1997)

  1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or re1ation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such use may be permitted if specific provision for such SPECIAL EXCEPTION is made in the zoning code.

    VARIANCE. A relaxation of the terms of the code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the zoning code would result in unnecessary and undue hardship. As used in this zoning code, a VARIANCE is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by VARIANCE, nor shall a VARIANCE be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
  2. Application for special exception and variance; hearing. Applications for special exceptions and variances shall be filed with the Town Clerk, and public hearings shall be held in accordance with §§ 157.022(E) and 157.038 of this zoning code.

(Prior Code, § 12-2-6) (Ord. 1997-3-1, passed 3-10-1997)

  1. Authority. The regulations, restrictions, and boundaries set forth in this zoning code may from time to time be amended, supplemented, changed, or repealed, as provided in 11 O.S. § 43-105.
  2. Procedure.
    1. Hearing authorized. Before any amendment, change of regulation, restriction, or boundary shall become effective, parties in interest and citizens shall have an opportunity to be heard at a public hearing.
    2. Notice requirements. At least 20 days' notice of the date, time, and place of the hearing shall be published in a newspaper of general circulation in the town.
    3. Filing amendment. The proposed amendment or change shall be filed with the Town Clerk.
    4. Protests.
      1. Protests against proposed changes shall be filed at least three days before the date of the public hearing.
      2. If protests are filed by owners of 20 % or more of the area of the lots included in the proposed change, or the owners of 50% or more of the lots within a 300-foot radius of the exterior boundary of the territory included in a proposed change, such proposed change or amendment shall not become effective except by a three-fifths' favorable vote of all members the Board of Trustees.
  3. Rezones. Property may be rezoned or reclassified by complying with the provisions of 11 O.S. § 43-106. Before any property is rezoned or reclassified, parties in interest shall have an opportunity to be heard at a public hearing. All costs of public notice shall be borne by the applicant.
    1. Zone change hearing.
      1. In addition to giving the notice as specified in division (B)(2) above, notice of a public hearing on any proposed zoning change shall be given 20 days prior to the hearing by mailing written notices by the Town Clerk for the Planning Commission to all owners of property within a 300-foot radius, inclusive of streets and alleys, of the exterior boundary of the subject property.
        1. The notice shall contain:
          1. Legal description of the property and the street address or approximate location in the town;
          2. Present zoning and classification of the property and the proposed zoning and reclassification sought by the applicant; and
          3. Date, time and place of the public hearing.
        2. In addition to written notice requirements, notice shall also be given by posting notice of such hearing on the affected property at least 20 days before the date of the hearing.
      2. Applicant shall provide, at applicant's expense, an abstractor's certificate showing the names and addresses of property owners within a 300-foot radius, inclusive of streets and alleys.
    2. Reclassification hearing. In cases of proposed zoning reclassifications, the governing body shall require additional notice of the public hearing by posting a sign on the property affected by the proposed zoning reclassification. The sign and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces. The notice shall contain:
      1. The date, time, and place of the public hearing;
      2. By whom the public hearing will be conducted;
      3. The desired zoning classification;
      4. The proposed use of the property; and
      5. Other information as deemed necessary to provide adequate and timely public notice.
    3. Filing rezone or reclassification. The proposed rezoning or reclassification shall be filed with the Town Clerk for the Planning Commission.

(Prior Code, § 12-2-7) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

  1. Board of Adjustment authority. The Board of Adjustment, whose powers and duties are set forth in 11 O.S. and §§ 157.035 through 157.040 of this zoning code, shall have the power to modify or vary the minimum requirements herein set forth in specific instances where the strictest application of this zoning code would constitute an undue hardship and an unreasonable deprivation of the use of property as distinguished from the mere grant of a privilege; provided, however, that any modification or variation shall take into account the intended purpose of this plan to protect the public welfare and safety.
  2. Right to appeal. Any interested party may appeal any order, decision, or determination made by the Building Director/Code Officer to the Board of Adjustment. Also refer to §§ 157.035 through 157.040 of this zoning code.
  3. Notice of appeal. The party appealing shall file a written notice of appeal with the Town Clerk within ten days after the order, decision, or determination is made.
  4. Records. The Town Clerk shall transmit to the Board of Adjustment the records relating to the order, decision, or determination of a transcript thereof.
  5. Hearing and notice requirements. The Board of Adjustment shall fix the date, time, and place of the public hearing and cause notice to be given by publication in a newspaper of general circulation in the town and by mailing notice to property owners within 300 feet of the property inclusive of streets and alleys involved, at least ten days before the hearing.

(Prior Code, § 12-2-8) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Fees and charges for administering and processing this zoning code are hereby fixed as follows.

  1. Filing of applications. The fees below shall apply to the first five acres, or fraction thereof, and shall increase by per each additional acre or fraction of acre thereof.

    CBD, C-1, C-2 and C-3
    $100
    I-1 and I-2$100
    R-1, R-2, HP and HL
    $50
    R-3, R-4
    $100
  2. Notices.
    1. Notice of appeal: $25.
    2. Publications:
      1. Publication of notice: $25 or actual cost of publication, whichever is greater; and
      2. Notice by sign: $50 or actual cost of posting of sign, whichever is greater.
    3. Applicants whose applications require notice to property owners within 300 feet, inclusive of streets and alleys, shall pay the cost of an abstractor's certificate showing the names of such property owners and addresses.
    4. Applicants are responsible for the cost of public notice, including, but not limited to, signs, newspaper publications, and cost of public notice by mail. Such costs will be invoked at actual cost of such notice.

(Prior Code, § 12-2-9) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

  1. Compliance required. From and after passage and publication, no building permit shall be issued for any new structure, improvement, or alteration of any existing structure on any tract of land, nor shall any town utilities or services be extended to any tract of land which does not comply with all of the provisions of these regulations.
  2. Complaints. Whenever a violation of the zoning code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basic reasons thereof, shall be filed with the Town Clerk. The administrative officials shall record properly such complaint, immediately investigate, and take action thereon as provided by the provisions of the zoning code.
  3. Separate offense; additional remedies. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and suffer the penalties provided in § 157.999. Nothing herein contained shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violation.
  4. Injunction. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure, or land is used in violation of this zoning code or of any ordinance or other regulation made under authority conferred hereby, the proper town authorities, or any other person affected thereby, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the unlawful occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

(Prior Code, § 12-2-10) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

157.035 Board Created; Appointment; Terms; Removals And Vacancies
157.036 Rules And Meetings
157.037 Powers; Conditions Imposed
157.038 Hearing Notices
157.039 Appeals To Board Of Adjustment
157.040 Appeals To District Court

There is hereby created and established a Board of Adjustment consisting of five members, with members serving staggered three-year terms. Removal shall be for cause by the Board of Trustees, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(Prior Code, § 12-3-1) (Ord. 1997-3-1, passed 3-10-1997)

  1. Rules. The Board of Adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this zoning code.
  2. Meetings.
    1. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine.
    2. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses.
    3. All meetings, deliberations, and voting of the Board of Adjustment shall be open to the public, and the Board of Adjustment shall be subject to the open meeting laws of the state.
  3. Minutes and records. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Town Clerk, and shall be public record.

(Prior Code, § 12-3-2) (Ord. 1997-3-1, passed 3-10-1997)

  1. Powers enumerated. The Board of Adjustment shall have the following powers:
    1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this zoning code or any ordinance adopted pursuant hereto;
    2. To hear and decide special exceptions to the terms of the zoning code upon which the Board of Adjustment is required to pass under such zoning code;
    3. To authorize in specific cases such variance from the terms of the zoning code as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the zoning code will result in unnecessary hardship and so that the spirit of the zoning code shall be observed and substantial justice done;
    4. To allow exceptions and/or variances only after notice and hearing as hereinafter provided; and
    5. To grant a variance upon a finding that:
      1. The application of the zoning code to the particular piece of property would create an unnecessary hardship;
      2. Such conditions are peculiar to the particular piece of property involved; and
      3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the zoning code or the comprehensive plan.
  2. Conditions of actions.
    1. In exercising the above mentioned powers, the Board of Adjustment may, in conformity with the provisions of this zoning code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken.
    2. The concurring vote of three members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant or any matter upon which it is required to pass under the zoning code or to effect any variation in the zoning code.

(Prior Code, § 12-3-3) (Ord. 1997-3-1, passed 3-10-1997)

  1. Notice of public hearing before the Board of Adjustment shall be given by publication in a newspaper of general circulation in the town and by mailing written notice by the clerk of the Board of Adjustment to all owners of property within a 300-foot radius, inclusive of streets and alleys, of the exterior boundary of the subject property. Applicant shall provide, at applicant's expense, an abstractor's certificate showing the names and addresses of property owners within the 300-foot radius, inclusive of streets and alleys. Said notice shall contain:
    1. Legal description of the property and the street address or approximate location in the town;
    2. Present zoning classification of the property and the nature of the variance or exception requested; and
    3. Date, time, and place of hearing.
  2. A copy of the published notice may be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten days prior to the hearing.

(Prior Code, § 12-3-4) (Ord. 1997-3-1, passed 3-10-1997)

The legislative body shall, by the zoning code, provide for appeals from any administrative officer to the Board of Adjustment and from the Board of Adjustment to the District Court of the county in which such municipality is located, in the following manner.

  1. Right of appeal. Appeals from the action of any administrative officer to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board, or bureau of the town affected by any decision of the Building Director/Code Officer.
  2. Filing appeal. Such appeal shall be taken within such time as is fixed by town ordinance by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying grounds thereof.
  3. Records to Board. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment certified copies of all the papers constituting the record of said matter, together with a copy of the ruling or order from which such appeal is taken.
  4. Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment, or by a court of record on application or notice to the officer from whom the appeal is taken and upon due cause shown.
  5. Hearing. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(Prior Code, § 12-3-5) (Ord. 1997-3-1, passed 3-10-1997)

  1. Right of appeal; notice filed. An appeal from any action, decision, ruling, judgment, or order of the Board of Adjustment may be taken by any person or persons, jointly or severally, aggrieved, or any taxpayer or any officer, department, board or bureau of the town to the district court by filing with the Town Clerk and with the clerk of the Board of Adjustment, if there be one, within twenty (20) days of the adverse action, decision, ruling, judgement, or order, which notice shall specify the grounds of such appeal. No bond or deposit for costs shall be required for such appeal.
  2. Records to county. Upon filing of the notice of appeal as herein provided, the Board of Adjustment shall forthwith transmit to the Court Clerk of the county the original, or certified copies, of all the papers constituting the record in the case, together with the order, decision or ruling of the Board of Adjustment.
  3. Hearing. Said case shall be heard and tried de novo in the district court. An appeal shall lie from the action of the district court in all other civil actions.
  4. Stay of proceedings. An appeal to the district court from the Board of Adjustment stays all proceedings in furtherance of the action appealed from, unless the Chairperson of the Board of Adjustment, from which the appeal is taken, certifies to the court clerk, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of the zoning code, and upon notice to the Chairperson of the Board of Adjustment from which the appeal is taken, and upon due cause being shown. The court may reverse or affirm, wholly or partly, or modify the decision brought up for review.
  5. Costs against Board. Costs shall not be allowed against the Board of Adjustment unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
  6. Priority of issues. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings
  7. Repealer. All ordinances or parts of ordinances in direct conflict herewith are repealed to the extent of the conflict only.
  8. Severability. Should any section, subsection, sentence, provision, clause, or phrase hereof be held invalid, void, or unconstitutional for any reason, such holding shall not render invalid, void, or unconstitutional any other section, subsection, sentence, provision, clause, or phrase of this ordinance and the same are deemed severable for this purpose.
  9. Emergency. In order to ensure the safety and welfare and well-being of the citizens of the Town of Fort Gibson, this amendment should be and is hereby declared an emergency and shall become effective upon the date approved by the Board of Trustees.

(Prior Code, § 12-3-6)

HISTORY
Amended by Ord. 2024-002 on 7/24/2023
157.055 Districts And Regulations Established
157.056 Official Zoning Map
157.057 Interpretation Of District Boundaries

The following zoning districts are hereby established in the town:

R-1Single-Family Residential District;
R-1-MResidential District with Manufactured, Modular, and Mobile Homes;
R-2Two-Family Residential District;
R-3Multi-Family Residential District;
R-4Mobile Home Park District;
A-1Agricultural District;
CBDCentral Business District;
C-1Local Commercial District;
C-2General Commercial District;
C-3Heavy Commercial District;
I-1Light Industrial District;
I-2Heavy Industrial District; and
HLHistoric Landmark District and HP Historic Preservation District (Refer to §§ 154.25 through 154.37 of the town code.)

(Prior Code, § 12-4-1) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2002-0009, passed 10-28-2002; Ord. 2003-0006, passed 4-14-2003)

  1. Map established and adopted. The town is hereby divided into zones, or districts, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this zoning code.
  2. Signatures and seal. The official zoning map shall be identified by the signature of the Mayor of the town, attested by the Town Clerk, and bearing the seal of the town under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 1 of Ordinance Number 1978-3-1 of the Town of Fort Gibson, Oklahoma".
  3. Changes to map. If, in accordance with the provisions of this zoning code and 11 O.S., changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the Board of Trustees. Any unauthorized change of whatever kind by any person shall be considered a violation of this zoning code and punishable as provided under these regulations.
  4. Official copy on file. Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the Town Clerk shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the town.
  5. Replacement. In the event the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Board of Trustees may by ordinance adopt a new official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the Mayor of the town, attested by the Town Clerk, and bearing the seal of the town under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance No. 1978-3-1 of the Town of Fort Gibson, Oklahoma". Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Prior Code, § 12-4-2) (Ord. 1997-3-1, passed 3-10-1997)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply.

  1. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
  2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
  3. Boundaries indicated as approximately following town limits shall be construed as following such town limits.
  4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
  5. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
  6. Boundaries indicated as parallel to or extensions of features indicated in divisions (A) through (E) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
  7. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by divisions (A) through (F) above, the Board of Adjustment shall interpret the district boundaries.
  8. Where a district boundary line divides a lot which was in single ownership at the time of passage of this zoning code, the Board of Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.
  9. Whenever any street, alley, easement, or other public way is vacated by the Board of Trustees, the district classification of the property to which the portion of the vacated land reverts shall become the classification of the vacated land.

(Prior Code, § 12-4-3) (Ord. 1997-3-1, passed 3-10-1997)

157.070 Application Of District Regulations
157.071 Major Streets
157.072 Building Setback Lines

The regulations set by this zoning code within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

  1. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is to be located;
  2. No building or other structure shall hereafter be erected or altered to exceed the height or bulk; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required;
  3. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this zoning code shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building;
  4. No yard or lot existing at the time of passage of this zoning code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this zoning code shall meet at least the minimum requirements established by this zoning code;
  5. All territory which may hereafter be annexed to the town shall be considered to be in the applicable zoning district of the principal land use of the annexed territory at the time of annexation. If the annexed land is in excess of five acres and being used for farming or ranching, it shall be considered to be A-1 Agricultural District until otherwise classified; and
  6. Attached or detached garages or carports with storage are required for all one-family and two-family dwelling units.

(Prior Code, § 12-5-1) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

  1. Major streets designated; major street plan. Major streets shall consist of the following, as designated and shown on the major street plan map, which map is attached to Ordinance 1997-3-1, said ordinance on file in the office of the Town Clerk, and is a part of this zoning code by this reference:
    1. All highways designated as federal highways;
    2. All highways designated as state highways;
    3. Section line roads as designated by the Planning Commission; and
    4. Other streets and highways, existing and proposed, which the Planning Commission has designated as a major street in order to carry out the purpose of this plan.
  2. Classification of major streets. For the purpose of function and design, major streets shall be classified as follows and are so designated on the major street plan map.
    1. Primary streets.
      1. Primary streets are those streets that carry high volumes of fast traffic which originates outside the town and has, in general, a destination beyond the town limits or a destination to the downtown district.
      2. Such streets shall have an existing or potential capacity to carry two lanes of traffic in each direction with appropriate medians and turning bays.
    2. Secondary streets.
      1. Secondary streets are those streets which carry high volumes of traffic which generally originate within or adjacent to the town limits and have, in general, a destination which is within the area of the downtown district or other traffic generators.
      2. Such streets shall have an existing or potential design capacity to carry two lanes in each direction.
    3. Collector streets. Collector streets are those streets which are generally located in residential areas and whose principal function is to carry traffic from the residential areas to a primary or secondary street.
    4. Minor streets. Minor streets are those streets which are located in residential areas and whose principal function is to carry traffic from residential areas to a collector street.
  3. Minimum right-of-way widths. Right-of-way widths which shall be provided for major streets are as follows:

    Street ClassificationMinimum Width Right-of-Way
    Collector street60 feet
    Minor street50 feet
    Primary street120 feet
    Secondary street100 feet

(Prior Code, § 12-5-2) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

  1. Setbacks established. Setback lines are hereby established on all streets as shown on the major street plan of the town, as follows.
    1. Primary streets. Setback lines on all primary streets shall be a minimum distance of 85 feet from and parallel to the centerline of said streets.
    2. Secondary streets. Setback lines on all secondary streets shall be a minimum distance of 75 feet from and parallel to the centerline of said streets.
    3. Collector streets. Setback lines on all collector streets shall be a minimum distance of 55 feet from and parallel to the centerline of said streets.
    4. Minor streets. Setback lines on all minor streets shall be a minimum distance of 50 feet from and parallel to the centerline of said streets.
  2. Determination of setback lines. If 25% or more of the area situated between consecutive intersections on a major street is improved with buildings, then no building shall be erected closer to the right-of-way line than the average setback line established by the existing buildings.
  3. Service station pumps exempt. Service station gasoline pumps may be located within the setback lines herein established along primary, secondary, and collector streets, but shall not be located nearer than ten feet to the right-of-way line.

(Prior Code, § 12-5-3) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

157.085 R-1 Single-Family Residential District
157.086 R-1-M Residential District With Manufactured, Modular, And Mobile Homes
157.087 R-2 Two-Family Residential District
157.088 R-3 Multi-Family Residential District
157.089 R-4 Mobile Home Park District

  1. Purpose and intent. The R-1 District is a district in which the principal use of land is for single-family dwellings with fixed permanent foundations. More specifically, the purpose is to:
    1. Encourage the construction of and the continued use of the land for single-family dwellings;
    2. Allow educational, religious, and recreational facilities that are normally required for a well balanced neighborhood;
    3. Prohibit commercial and industrial uses, or any other use that would interfere with the use of the area as a place for a single-family dwelling; and
    4. Encourage the discontinuance of any existing uses that would not be permitted as new uses under this zoning code. (Prior Code, § 12-6A-1)
  2. Permitted uses. Property and buildings in the R-1 Single-Family District shall be used for the following purposes only:
    1. Accessory building which is not a part of the main building, including a private garage or accessory building which is a part of the main building;
    2. Bulletin board or sign not exceeding 12 square feet in area pertaining to the lease, sale, or rental of a building or premises, which signboard or bulletin shall be removed as soon as said building or premises has been leased, rented, or sold;
    3. Cemetery, not including animal cemeteries;
    4. Church;
    5. Detached single-family dwelling;
    6. Fallout and/or storm shelter;
    7. Family childcare home:
      1. Must be licensed by the State Department of Human Services;
      2. A maximum of seven children, including those preschool children under five years of age who reside in the residence, may be cared for in the home;
      3. No person shall be employed other than a member of the immediate family residing on the premises or a substitute caregiver as required by the standards for family childcare homes adopted by the State Department of Human Services.
      4. No signs advertising the family childcare home shall be permitted on the lot;
      5. No exterior alterations of the dwelling or any customary accessory structure shall be made which would detract from the residential character of the structures;
      6. No family childcare home may be located on a lot within 300 feet of another lot containing a family childcare home if any boundary of said lots abut the same street. STREET, as used herein, shall mean any named or numbered street along its full length, irrespective of any intervening street; and
      7. State licensed family childcare homes in existence on the effective date of this provision, that have more than seven attendees may not add to or replace any attendees that might leave the family childcare home until the total number of attendees is seven or less.
    8. General purpose farm or garden, but not the raising of livestock or poultry;
    9. Home occupation;
    10. Municipal or publicly owned recreational facilities;
    11. Public library;
    12. Public school or school offering general educational courses, the same as ordinarily given in public school and having no rooms regularly used for sleeping or housing; and
    13. Temporary buildings used for construction purposes only, shall require a permit issued by the Code Enforcement Office and which shall be valid for thirty (30) days with a one-time option to renew for an additional thirty (30) days at the discretion of the Town Administrator or his designee. (Prior Code, § 12-6A-2) (amended 3/24/25)
  3. Uses permissible upon review. The following uses may be permitted upon review by the Planning Commission in accordance with the provisions contained in § 157.188 of this zoning code:
    1. Bed and breakfast facility, with the following use conditions:
      1. There shall be on-site parking available which shall be located in the rear or side of the structure. The minimum parking requirements shall be no less than one space per guest, one space per innkeeper, and one space per staff person;
      2. One sign shall be allowed which shall not be more than six square feet in area and which may be lighted by no more than two 50-watt light bulbs;
      3. The bed and breakfast facility must maintain the residential character of the neighborhood. Fire exits shall be in the rear of the structure and enclosed by a buffer; and
      4. The bed and breakfast facility must meet all applicable codes and licensing procedures and must have a minimum of 2,500 square feet of habitable area and a minimum of one bathroom for every two guestrooms. The bed and breakfast facility shall not have to meet commercial kitchen codes.
    2. Golf course, but not including miniature golf courses or driving ranges;
    3. Municipal use, public building, and public utility;
    4. Plant nursery in which no building or structure is maintained in connection with said nursery; and
    5. Private recreational clubs and recreational areas operated by membership organizations for the benefit of their members and not for gain or profit. (Prior Code, § 12-6A-3)
  4. Area regulations.
    1. Yards.
      1. Front yard. All buildings shall be set back from the street right-of-way to comply with the following requirements:
        1. The minimum depth of the front yard shall be 25 feet of right of way;
        2. If 25% or more of the lots on one side of a street between two intersecting streets are improved with buildings which have observed an average setback line greater than 25 feet, then no new building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a setback greater than 40 feet; and
        3. When a lot has double frontage, the front yard requirements shall be provided on both streets.
      2. Side yard. All buildings shall be set back from the side lot to comply with the following side yard requirements.
        1. For dwellings of one story located on an interior lot, there shall be a minimum side yard of six feet and a minimum of eight feet for dwellings of more than one story except as hereinafter provided in section VI. For unattached buildings of accessory use, there shall be a side yard of not less than six feet; provided, however, that unattached one story buildings of accessory use shall not be required to set back more than three feet from an interior side lot line when all parts of the accessory building are located not less than 60 feet from the front property line.
        2. On any corner lot, dwellings and accessory buildings shall have a setback from the street line of the intersecting street a distance of 15 feet when a lot is back to back with another corner lot, and a distance of 20 feet in all other instances. The interior side yard requirements shall be the same for dwellings and accessory buildings on an interior lot.
        3. Main and accessory buildings, other than dwellings or accessories to dwellings, shall have a setback of 25 feet from all exterior and interior lot lines.
      3. Rear yard. There shall be a rear yard for a main building of not less than 30 feet or 20% of the depth of the lot, whichever is greater. Unattached buildings of accessory use may be located in the rear yard.
    2. Lot width. For dwellings, there shall be a minimum lot width of 75 feet at the front building line, and such lot shall abut on a street for a distance of not less than 40 feet; provided, that the lot width of lots that were platted prior to the adoption of ordinance 1975-11-2 shall be a minimum width of 60 feet.
    3. Intensity of use.
      1. For each single-family dwelling and building accessory thereto, there shall be a lot area of not less than 10,375 square feet.
      2. Where a lot has less area than herein required and all boundary lines of that lot are adjacent to lands under other ownership on the effective date hereof, that lot may be used for any of the uses permitted in this chapter.
    4. Lot coverage. Main and accessory buildings shall not cover more than 30% of the lot area. Accessory buildings shall not cover more than 25% of the rear yard, or 50% of the main building area, whichever is less. (Prior Code, § 12-6A-4)
  5. Building height. No building in the R-1 Single-Family District shall exceed a height of two and one-half stories or thirty-five feet. (Prior Code, § 12-6A-5)

(Ord. 1997-3-1, passed 3-10-1997; Ord. 2003-0004, passed 3-10-2003; Ord. 2004-010, passed 12-13-2004) Penalty, see § 157.999

Cross-reference: Mobile/manufactured home restrictions, see § 152.04

HISTORY
Amended by Ord. 2024-009 on 9/25/2023
  1. Purpose and intent. The R-1-M Residential District with Manufactured, Modular, and Mobile Homes is a district in which the principal use of land is for single-family dwellings with fixed permanent foundations. The R-1-M zone requires a minimum area of one city block and must meet all requirements of the R-1 District but includes modular, manufactured, and mobile homes, more specifically as provided in this section. (Prior Code, § 12-6B-1)
  2. Permitted uses. Property in the R-1-M Residential District shall be used only for the following purposes:
    1. Any use permitted in R-1 Single-Family Residential District (§ 157.085(B) of this zoning code);
    2. Manufactured, modular, and mobile homes to be used for single-family dwellings:
      1. Axles and tongue must be removed;
      2. At least two prior manufactured, modular, and mobile homes exist in the redesignated area;
      3. Travel trailers, tent trailers, or motor drive vehicles are not allowed as mobile homes; and
      4. Subject homes must be at least 960 square feet. (Prior Code, § 12-6B-2)
  3. Area regulations. For dwellings in an R-1-M Residential District, area regulations shall be the same as in the R-1 Single-Family Residential District (§ 157.085(D) of this zoning code). (Prior Code, § 12-6B-3)
  4. Building height. The height regulations in the R-1-M Residential District shall be the same as those in the R-1 Single-Family Residential District (§ 157.085(E) of this zoning code). (Prior Code, § 12-6B-4)

(Ord. 2003-0006, passed 4-14-2003) Penalty, see § 157.999

  1. Purpose and intent. The R-2 Residential District is to provide a slightly higher population density than the R-1 Single-Family District. This District is generally located adjacent to the high population density Multi-Family District and provides a transition from the high density, high land values to the Single-Family District. (Prior Code, § 12-6C-1)
  2. Permitted uses. Property and buildings in the R-2 Two-Family District shall be used only for the following purposes:
    1. Any use permitted in the R-1 Single-Family District (§ 157.085(B) of this zoning code);
    2. Two-family dwellings with fixed permanent foundations; and
    3. Accessory buildings and uses customarily and incidental to any of the above uses when located on the same lot. (Prior Code, § 12-6C-2)
  3. Uses permissible upon review. The following uses may be permitted upon review by the Planning Commission in accordance with the provisions contained in§ 157.188 of this zoning code:
    1. Any use permissible upon review in the R-1 Single-Family District (§ 157.085(C) of this zoning code); and
    2. Childcare center. (Prior Code, § 12-6C-3)
  4. Area regulations.
    1. Yards.
      1. Front yard. Front yard requirements shall be the same as those in the R-1 Single-Family District (§ 157.085(D)(1)(a) of this zoning code).
      2. Side yard. The side yard requirements shall be the same as those in the R-1 Single-Family District (§ 157.085(D)(1)(b) of this zoning code).
      3. Rear yard. There shall be a rear yard of not less than 25 feet.
    2. Lot width. The lot width for two-family dwellings shall be the same as that in the R-1 Single-Family Residential District (§ 157.085(D)(2) of this zoning code). For two-family dwellings, there shall be a lot width of 75 feet at the building line and 50 feet at the street right-of-way line; provided, that the lot width of lots that were platted prior to the adoption of ordinance 1975-11-2 shall be a minimum width of 60 feet.
    3. Intensity of use. There shall be a lot area of not less than 9,375 square feet for single-family dwellings and 10,375 square feet for two-family dwellings.
    4. Lot coverage. Main and accessory buildings shall not cover more than 30% of the lot area. Accessory buildings shall not cover more than 25% of the rear yard, or 50% of the main building area, whichever is less. (Prior Code, § 12-6C-4)
  5. Building height. No building in the R-2 Two-Family District shall exceed a height of two and one-half stories or 35 feet. (Prior Code, § 12-6C-5)

(Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Cross-reference: Restrictions on mobile/manufactured homes in residential districts, see § 152.04

  1. Purpose and intent. The R-3 Multi-Family District is provided to allow medium to high population density and certain professional offices along with religious, recreational, and educational facilities. This district is generally located adjacent to the commercial districts and permits a transition to the R-1 and R-2 Residential Districts. (Prior Code, § 12-6D-1)
  2. Permitted uses.
    1. Any use permitted in the R-2 District (§ 157.087(B) of this zoning code);
    2. Multi-family dwelling, apartment, or boarding house, with fixed permanent foundation; and
    3. Rest home, nursing home, or convalescent home, after inspection and approval by the State Health Department. (Prior Code, § 12-6D-2)
  3. Uses permissible upon review. The following uses may be permitted upon review by the Planning Commission in accordance with the provisions contained in § 157.188 of this zoning code.
    1. Any use permissible upon review in the R-2 District (§ 157.087(C) of this zoning code);
    2. High rise apartments; and
    3. Medical facilities. (Prior Code, § 12-6D-3)
  4. Area regulations.
    1. Yards.
      1. Front yard. Front yard requirements shall be the same as those in the R-1 District (§ 157.085(D)(1)(a) of this zoning code).
      2. Side yard. Side yard requirements shall be the same as those in the R-1 District (§ 157.085(D)(1)(b) of this zoning code); except, that for each additional story or part thereof, the side yard shall be increased by five feet;
      3. Rear yard. Rear yard requirements shall be the same as those in the R-1 District (§ 157.085(D)(1)(c) of this zoning code); except, that for each additional story or part thereof, the rear yard shall be increased by five feet.
    2. Lot width. There shall be a minimum lot width of 75 feet at the building line for single- and two-family dwellings, and five feet additional width for each additional family; provided, however, that such lot shall not be required to exceed 120 feet. A lot shall abut on a street a distance of not less than 40 feet; provided, that the lot width of lots that were platted prior to the adoption of ordinance 1975-11-2 shall be a minimum width of 60 feet.
    3. Intensity of use.
      1. There shall not be a lot less than 9,375 feet for one-family and two-family dwellings and an additional 1,000 feet for each family over two occupying the structure.
      2. For main and accessory buildings other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section.
    4. Lot coverage. Main and accessory buildings shall not cover more than 35% of the lot area. Accessory buildings shall not cover more than 30% of the rear yard or 50% of the main building area, whichever is less. (Prior Code, § 12-6D-4)
  5. Building height. No building shall exceed a height of two and one-half stories or 35 feet except as provided in § 157.185 of this zoning code. (Prior Code, § 12-6D-5)

(Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Cross-reference: Restrictions on mobile/manufactured homes in residential districts, see § 152.04

  1. Intent. It is intended that mobile homes be allowed only in the R-4 Mobile Home Park District. (Prior Code, § 12-6E-1)
  2. Minimum number of lots. A mobile home park must have at least ten mobile home lots. (Prior Code, § 12-6E-2)
  3. Site and structure requirements. A mobile home park shall conform to the following requirements.
    1. Lot size. The minimum lot size for a mobile home shall be 3,500 square feet.
    2. Lot width. The minimum lot width shall not be less than 35 feet.
    3. Lot depth. The minimum lot depth shall not be less than 100 feet.
    4. Yards.
      1. Side yard. The side yard shall not be less than five feet.
      2. Rear yard. The rear yard shall not be less than 20 feet.
      3. Front yard. The front yard shall not be less than 25 feet.
    5. Additional requirements.
      1. Additional lot width. When a mobile home to be situated on a lot exceeds 12 feet in width, an additional foot shall be added to the width of the lot for every foot the mobile home exceeds 12 feet in width.
      2. Additional lot depth. When a mobile home to be situated on a lot exceeds 60 feet in length, an additional foot shall be added to the length of the lot for every foot the mobile home exceeds 60 feet in length.
      3. Building setback line. A mobile home shall set back at least 25 feet from the right-of-way line of any and all streets in the town. (Prior Code, § 12-6E-3)

(Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Cross-reference: R-1-M Residential District, see § 157.086; Restrictions on mobile/manufactured homes in residential districts, see § 152.04

157.100 Purpose And Intent
157.101 Permitted Uses
157.102 Uses Permissible Upon Review
157.103 Area Regulations
157.104 Building Height

The A-1 Agricultural District is created to encourage and preserve the continued use of certain areas for customary farm uses such as dairying, the raising of livestock and poultry, the raising of crops and public, recreational, and benevolent establishments.

(Prior Code, § 12-7-1) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

The following uses may be permitted upon review by the Planning Commission in accordance with the provisions of § 157.188 of this zoning code:

  1. Any use permitted in the R-1 District (§ 157.085(B) of this zoning code);
  2. Accessory uses which are necessary and indispensable to the principal or main use of the land;
  3. Churches, rectories, convents, parish houses, halls, and other similar religious uses;
  4. Golf courses, but not including miniature golf courses, driving ranges, or tees;
  5. Mobile home in areas of no less than ten aces, lying south of Highway 62;
  6. Public schools, and private or parochial schools offering or having curriculum equivalent to that offered by a public elementary or high school; and
  7. Sale on the premises of products produced thereon; provided, that the structure from which the product sold is of a temporary nature which shall be removed during the off season; and provided further, that proper care shall be taken that driveways and parking areas are arranged and designed not to interfere with safe and efficient movement of traffic.

(Prior Code, § 12-7-2) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2015-002, passed 3-23-2015) Penalty, see § 157.999

The following uses may be permitted upon review by the Planning Commission in accordance with the provisions contained in § 157.188 of this zoning code:

  1. Advertising signs;
  2. Animal hospital or clinic;
  3. The growing of marijuana by a holder of a current state marijuana commercial grower's license and a commercial grower's permit issued by the town;
  4. Telecommunications towers, including antennas and antenna support structures, providing for notice to property owners of record within 300 feet as required by state statutes; and
  5. Veterinarian.

(Prior Code, § 12-7-3) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2001-7-1, passed 8-20-2001; Ord. 2018-012, passed 10-8-2018) Penalty, see § 157.999

All area regulations and requirements shall be the same as those in the R-1 District (§ 157.085(D) of this zoning code).

(Prior Code, § 12-7-4) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Height requirements shall be the same as those in the R-1 Single-Family District (§ 157.085(E) of this zoning code).

(Prior Code, § 12-7-5) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

157.115 Purpose And Intent
157.116 Permitted Uses
157.117 Uses Permissible Upon Review
157.118 Site And Structure Requirements
157.119 Signs
157.120 Canopies And Awnings
157.121 Performance Standards
157.122 Architectural Harmony

The purposes of the Central Business District are as follows:

  1. To implement the policies of the core area plan;
  2. To preserve the older architectural styles, and to encourage a harmonious intermingling of other structures;
  3. To provide for an increased variety and intermixture of residential and commercial activities; and
  4. To enhance the tree shaded ambience, the pedestrian usage, and the character of the District.

(Prior Code, § 12-8-1) (Ord. 1997-3-1, passed 3-10-1997)

Property in the Central Business District shall be used for the following purposes:

  1. Bakeries, where the products are sold exclusively at retail on the premises and/or where operated incidental to a restaurant or other eating establishment;
  2. Banks, brokerage firms, and financial institutions;
  3. Business and professional offices including medical, dental, legal, financial, architectural, engineering, real estate, insurance, governmental, and manufacturers' representatives;
  4. Business service establishments, such as blueprinting, duplicating, and accounting;
  5. Colleges, barber and beauty colleges, art schools, and music and dance studios; provided, that all activities shall be enclosed;
  6. Florist shops;
  7. Making of products sold at retail on premises:
    1. Provided, that:
      1. Such manufacturing is incidental to the retail business or service;
      2. All goods so manufactured are sold on the premises;
      3. The area for such manufacturing occupies less than 30% of the total floor area;
      4. Such manufacturing involves not more than three operators; and
      5. The character of such manufacturing does not create any adverse effects beyond the area occupied for such use.
    2. Specifically excluded are automobile, boat, and farm implement sales and food stores involving the dressing or killing of animals or fowl (refer to standard industrial classification).
  8. Newspaper offices or printing establishments;
  9. Off-street automobile parking lots and parking garages;
  10. Permanently affixed professional or business signs which meet the requirements of § 157.119 of this chapter;
  11. Personal service establishments, such as barbershops and beauty shops and shoe repair shops;
  12. Pharmacies;
  13. Pick up stations for dry cleaning and laundry;
  14. Radio and television stations, studios and offices, and wireless transmitting and receiving structures, excluding transmission towers;
  15. Restaurants, grills, delicatessens, and similar eating establishments;
  16. Snack or sandwich bars;
  17. Tailor, dressmaking, and millinery shops;
  18. Telephone and telegraph offices, excluding assembly operations or switching stations;
  19. Theaters, museums, or cultural facilities; and
  20. Travel agencies.

(Prior Code, § 12-8-2) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

The following uses must be reviewed by the Planning Commission for permissive use:

  1. Automotive service station;
  2. Bus terminal;
  3. Drive-ins; and
  4. Retail store or service establishment not specifically permitted herein, but which does not adversely affect established uses on adjoining premises.

(Prior Code, § 12-8-3) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

  1. Minimum lot size. The minimum lot sizes for the Central Business District are as follows:
    1. Front yard, exterior side yard, or interior side yard. None;
    2. Rear yard. There shall be a rear yard for main buildings of not less than 20 feet, which can include alley or easements. At all times reasonable accessibility, as determined by the Fire Chief or his or her designated representative, shall be provided to all buildings and around all buildings for firefighting and rescue equipment.
  2. Setbacks for commercial and mixed uses. No commercial or mixed use shall set back less than 25 feet from single-family detached housing lot lines.
  3. Maximum lot coverage. The maximum coverage of any lot in the Central Business District shall not exceed 70% of the net lot area for interior lots or 80% of the net lot area for corner lots.
  4. Building height. The height limit of structures in the Central Business District is governed by the floor area ratio as provided in division (E) below. No building or structure shall hereafter be erected or altered in the Central Business District which will exceed two stories or 35 feet in vertical height above the mean lot elevation without the installation of an approved fire protection and suppression system as established in the building code of the town. (Also refer to International Building Code standards.)
  5. Floor area ratio. The floor area ratio of any principal structure or its accessory structures in the Central Business District is not to exceed five times that of the net lot area for buildings of more than one story in height.
  6. Planning Commission Review. The erection, moving, demolition, reconstruction, restoration, or alteration of any structure within the Central Business District must be reviewed and approved by the Fort Gibson Planning Commission prior to the issuance of a building permit or the commencement of such work; provided, however, work related to the following shall not require Planning Commission approval:
    1. Ordinary maintenance and repair which shall include the removal, installation, or replacement of guttering; the removal or replacement of roof covering with like material.
    2. Interior of buildings or structures.
    3. Portions or parts of buildings or structures, or site not visible from adjoining streets.
    4. Accessory structures or buildings, such as storage sheds, garages, decks, patios, fencing, swimming pools and pool houses which are not part of the primary structure; provided, however, such structures and buildings are not located in front yards.
    5. General landscape maintenance and planting of new organic materials.
    6. Stabilization of a building structure due to damage.
    7. Outside storage of materials or supplies on a permanent basis is prohibited.
  7. Maintenance Requirements in Central Business District.
    1. All structures and grounds shall be maintained in good condition in keeping with the historic nature of the site designated.
    2. All interior portions of structures shall be kept in such good repair to the extent necessary to prevent structural deterioration.
  8. Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure except exterior change.

Penalties

Any person who violates any provision of this ordinance, upon conviction, shall be subject to a fine not exceeding Two Hundred Dollars 9$200.00) plus assessment and administrative costs, up to thiry (30) days imprisonment in the Muskogee County Jail or both fine and imprisonment.

(Prior Code, § 12-8-4) (Ord. 1997-3-1, passed 3-10-1997)

HISTORY
Amended by Ord. 2024-008 on 10/24/2023
  1. All signs in the Central Business District shall be erected upon private property and shall not encroach upon any public street or walk, and then they must overhang at a height of not less than nine feet and shall have a maximum projection of 72 inches.
  2. Any projection sign shall not exceed 50 square feet in size, nor will it exceed the height of the building if the building exceeds 300 square feet in size.
  3. The use of red, green, or amber illumination in connection with any sign shall not be permitted within 100 feet of an intersection. Any use of red, green, or amber illumination in connection with any sign must be so located that it in no way creates a confusion with any traffic signal or may be interpreted by any motorist as a signaling device.

(Prior Code, § 12-8-5) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

  1. Height above walkways; distance from curb. Canopies and awnings may project into the walkway area, provided they are a minimum of eight feet above the walking elevation and are a minimum of two feet from the curb or edge of the normally traveled way or curb parking area.
  2. Construction materials. Material for canopies and awnings shall consist of fabric or wood materials that meet existing codes.

(Prior Code, § 12-8-6) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

The following limitations shall apply within this zoning district.

  1. All business and service activities shall be confined, contained, and conducted wholly within completely enclosed buildings.
  2. Incidental activities related to permitted uses such as outdoor sale of plants, outdoor eating areas, and similar outdoor activities may be unenclosed subject to approval upon review.
  3. A majority of all goods produced or processed on the premises shall be sold at retail on the premises.
  4. Any uses and operations which may be objectionable due to unsightliness, odor, dust, smoke, noise, glare, heat, vibration, and other similar causes shall be prohibited.
  5. If replacement of the storefront is a part of the project, buildings undergoing renovation in the Central Business District must complete installation within 90 days from the date existing storefront is removed. Temporary construction barriers installed in front of building may not extend more than two feet and may not remain for more than 90 days.
  6. Buildings renovated within the Central Business District are required to install storefront lighting controlled by a timer to remain on from dusk to 12:00 midnight.
  7. It is unlawful to alter, demolish, remove, or cover any portion of the sidewalks in the Central Business District as a part of a building renovation.

(Prior Code,§ 12-8-7) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2011-010, passed 11-14-2011) Penalty, see § 157.999

All structures hereinafter erected in the Central Business District shall be made of brick and consistent with surrounding architecture of existing historic buildings. Buildings that are only interior buildings must have brick facades where noticeable from the street (this means metal construction is appropriate for the building if the facade matches the existing historic structures).

(Prior Code, § 12-8-8) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

157.135 C-1 Local Commercial District
157.136 C-2 General Commercial District
157.137 C-3 Heavy Commercial District

Section 1.

Purpose and intent. The C-1 District is primarily a retail and personal service district supplying the surrounding residential area with convenience goods and services which are normal, everyday necessities and routine purchases. Because these shops and services may be in close proximity with residences or an integral part of a neighborhood, more restrictive requirements for light, air, and open space are made than are provided for in the C-2 General Commercial District. (Prior Code, § 12-9A-1)

Section 2.

Permitted uses. Property and buildings in the C-1 Local Commercial District shall be used only for the following purposes:


1. Any use permitted in the Central Business District (§ 157.116 of this zoning code);

2. Retail stores and shops supplying the regular and customary needs of the residents of a neighborhood and primarily for their convenience as follows:

  1. Abstract company;
  2. Accountants;
  3. Advertising office;
  4. Antique shop;
  5. Art materials/supply;
  6. Auto service station;
  7. Baby shop;
  8. Bakery;
  9. Bank;
  10. Barbershop;
  11. Book shop;
  12. Cafe;
  13. Camera shop;
  14. Candy store;
  15. Catering;
  16. Cleaning, pressing, or laundry agency;
  17. Collection agency;
  18. Commercial school;
  19. Consignment shop;
  20. Credit union/bureau;
  21. Curio or gift shop;
  22. Dairy products or ice cream store;
  23. Delicatessen;
  24. Department store;
  25. Dispensary of medical marijuana by a holder of a current state commercial medical marijuana dispensary license and a commercial medical marijuana dispensary permit issued by the town;
  26. Drive-in cafe and fountain;
  27. Drugstore;
  28. Dry goods store;
  29. Employment agency;
  30. Florist shop;
  31. Frozen food locker;
  32. Fruit and vegetable stand;
  33. Funeral parlor and mortuary;
  34. Furniture sales, repair, and upholstery;
  35. Grocery or supermarket;
  36. Hardware and appliance store;
  37. Heating, ventilating, or plumbing supply and sales;
  38. Help yourself laundry;
  39. Hotel;
  40. Insurance office;
  41. Jewelry store;
  42. Liquor store, retail;
  43. Lumber and materials sales yard;
  44. Meat market;
  45. Medical facility;
  46. Messenger and telegraph;
  47. Motel;
  48. Musical instruments;
  49. Newspaper and magazine stand;
  50. Office supply store;
  51. Optical supplies;
  52. Paint and decorating shop;
  53. Pet shop;
  54. Pharmacy;
  55. Propane fill station (maximum storage capacity not to exceed 3,500 gallons);
  56. Radio and television sales and service;
  57. Resale shop;
  58. Restaurant;
  59. Restaurants with mixed beverage sales where mixed beverage sales are not the primary function of the establishment;
  60. Retail electronic communications sales and service;
  61. Sewing machine sales;
  62. Shoe repair shop;
  63. Small animal hospital;
  64. Sporting goods store;
  65. Tailor shop;
  66. Theater;
  67. Toy store;
  68. Trust company;
  69. Utility office; and
  70. Variety store.
  71. Upon proper application to the town, certain light manufacturing may be permitted upon approval of the Board of Trustees in an open meeting. Said light manufacturing must be of a nature that would not be offensive or incompatible to the normal uses allowed under C-1 zoning and may be restricted to certain areas within the overall C-1 zoning area of the town;
  72. Public garages, provided no gasoline, gas, or similar combustible materials are stored aboveground and new and used automobile repair operations if conducted wholly within a completely enclosed building. Automobiles awaiting repair must be inside the building; except, that no more than two automobiles may be parked on the property outside the building for a period of time not to exceed 30 days; and
  73. Upon proper application to the town, auction houses or auction rooms may be permitted upon recommendation by the Planning Commission and approval of the Board of Trustees in an open meeting. Said auction houses or auction rooms must be of a nature that would not be offensive or incompatible to the normal uses allowed under C-1 zoning and may be restricted to certain areas within the overall C-1 zoning area of the town.

3. Nameplates and on-site signs relating to the use of the store and premises or the products sold therein. Lighted signs of the flashing or intermittent type are prohibited; and

4. Accessory buildings and uses customary and incidental to the main use. (Prior Code, § 12-9A-2)

Section 3.

Conditions of uses.

1. Not more than 40% of the floor area of the main building or use shall be devoted to an accessory use.

2. No goods or materials offered for sale or stored in connection with uses permitted in this district shall be displayed, stockpiled, or stored outside a building.

3. The front or facade of any commercial building constructed within 300 feet either side of South Lee Street, beginning at the intersection with South Avenue, south to U.S. Highway 62, shall have a veneer of masonry, stucco, or manmade equivalent to brick or stone and shall have paved driveway from property line to street. (Prior Code, § 12-9A-3)

Section 4.

Area regulations.

1. Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard of not less than 25 feet;

2. Side yard. On the side of a lot abutting a residential district, there shall be a side yard of not less than six feet; and

3. Rear yard. There shall be a rear yard of not less than 30 feet, if abutting a residential district, and an easement or alley, service court, rear yard, or a combination thereof of not less than 15 feet, if the building is to be serviced from the rear. (Prior Code, § 12-9A-4)

Section 5.

Uses permissible upon review.

The following uses may be permitted in the C-1 Local Commercial District upon review by the Planning Commission in accordance with the provisions contained in § 157.188 of this zoning code:

Animal hospital or clinic

Veterinarian

Section 6.

Repealer: All ordinances or parts of ordinances in direct conflict herewith are repealed to the extent of the conflict only.

Section 7.

Severability: Should any section, subsection, sentence, provision, clause or phrase hereof be held invalid, void or unconstitutional or any reason, such holding shall not render invalid, void or unconstitutional for any other section, subsection, sentence, provision, clause, or phrase of this resolution and the same are deemed severable for this purpose.

(Ord. 1997-3-1, passed 3-10-1997; Ord. 1998-1-1, passed 1-12-1998; Ord. 2001-01-02, passed 1-8-2001; Ord. 2002-0009, passed 10-28-2002; Ord. 2018-003, passed 3-26-2018; Ord. 2018-011, passed 10-8-2018; Ord. 2025-013, passed 10-15-2024; Ord. 2027-001, passed 7-13-2026) Penalty, see § 157.999

HISTORY
Amended by Ord. 2027-005 on 9/14/2026
  1. Purpose and intent. The C-2 District is primarily a retail and commercial district for conducting general business to which the public requires frequent and direct access, but which is not characterized by either constant heavy trucking other than that which is necessary for stocking and delivering of retail goods or by any nuisance factors other than those occasioned by the congregating of people and passenger vehicles. It is encouraged that this district be a compact one and that compatible businesses be located side by side to the mutual benefit of the consumer and the merchant. (Prior Code, § 12-9B-1)
  2. Permitted uses. Property in the C-2 General Commercial District shall be used only for the following purposes:
    1. Any use permitted in the C-1 Local Commercial District (§ 157.135(B) of this zoning code);
    2. Advertising signs;
    3. Auction room/house;
    4. Automobile painting, upholstering, rebuilding, reconditioning, body and fender work, and auto glass installation;
    5. Boat sales;
    6. Bottling plant;
    7. Bulk feed and seed store;
    8. Cabinet shop;
    9. Decorative wrought iron;
    10. Farm implement and machinery, new and used sales;
    11. Farm implement and machinery storage, repair, and service;
    12. Golf course, miniature or driving range;
    13. Metal and wood fencing;
    14. Ministorage;
    15. New and used car and truck sales;
    16. New automobile and new machinery sales and service;
    17. Nursery or garden supply store;
    18. Processor of medical marijuana by a holder of a current state commercial medical marijuana processor license and a commercial medical marijuana processor permit issued by the town;
    19. Propane storage - less than 10,000 gallons;
    20. Telecommunications tower, including antennas and antenna support structures, providing for notice to property owners of record within 300 feet as required by state statutes;
    21. Wholesale distributor; and
    22. Buildings, structures, and uses accessory and customary to any of the above uses. There shall be no manufacture, processing, or compounding of products other than such as are customarily incidental and essential to retail establishments. (Prior Code, § 12-9B-2)
    1. When a lot in a C-2 General Commercial District abuts upon a dwelling district, the rear yard requirement shall be 30 feet.Area regulations.
  3. Building height. The height regulations in the C-2 General Commercial District shall be 35 feet or 2 1/2 stories. (Prior Code, § 12-9B-4)

(Ord. 1997-3-1, passed 3-10-1997; Ord. 2001-01-01, passed 1-11-2001; Ord. 2001-7-1, passed 8-20-2001; Ord. 2001-07-02, passed 8-13-2001; Ord. 2002-0009, passed 10-28-2002; Ord. 2004-010, passed 12-13-2004; Ord. 2007-003, passed 7-23-2007; Ord. 2018-003, passed 3-26-2018; Ord. 2018-016, passed 10-8-2018) Penalty, see § 157.999

Cross-reference: Signs conditionally permitted in certain districts, see § 153.30

HISTORY
Amended by Ord. 2024-008 on 10/24/2023
  1. Purpose and intent. The Heavy Commercial District is intended as an area in which the general public requires less frequent access than C-2 General Commercial Districts and may require heavy trucking. This District should be a compact one with compatible businesses being located nearby. (Prior Code, § 12-9C-1)
  2. Permitted uses. Property in the C-3 Heavy Commercial District shall be used only for the following purposes:
    1. Any use permitted in the C-2 General Commercial District (§ 157.136 of this zoning code);
    2. Freight station;
    3. Nightclub or tavern;
    4. Propane storage depot - more than 10,000 gallons;
    5. Storage warehouse;
    6. Wrecker yard; and
    7. Buildings, structures, and uses accessory and customary to the above uses. There shall be no manufacture, processing, or compounding of products other than such as are customarily incidental and essential to retail establishments. (Prior Code, § 12-9C-2)
  3. Area regulations.
    1. For dwellings in a C-3 Heavy Commercial District, area regulations shall be the same as in an R-1 Single-Family District (§ 157.085(D) of this zoning code).
    2. When a lot in a C-3 Heavy Commercial District, which is being used for commercial purposes, abuts upon a dwelling district, the rear yard requirement shall be 15 feet.
    3. Intensity of use regulations for residential purposes in a C-3 Heavy Commercial District shall be the same as those in an R-1 Single-Family District (§ 157.085(D) of this zoning code). (Prior Code, § 12-9C-3)
  4. Building height. The height regulations in the C-3 Heavy Commercial District shall be the same as those in an R-3 Multi-Family District (§ 157.087(E) of this zoning code). (Prior Code, § 12-9C-4)

(Ord. 2002-0009, passed 10-28-2002; Ord. 2018-003, passed 3-26-2018) Penalty, see § 157.999

157.150 I-1 Light Industrial District
157.151 I-2 Heavy Industrial District

  1. Purpose and intent. The Light Industrial District is intended as an area in which light manufacturing, warehousing, and wholesale servicing may be conducted but would not include the use of any material that would create a danger to the surrounding area through fire, explosion, noise, dust, odor, or water pollution. (Prior Code, § 12-10A-1)
  2. Permitted uses. Property and buildings in the 1-1 Light Industrial District shall be used only for the following purposes:
    1. Any use permitted in a C-2 District (§ 157.136(B) of this zoning code);
    2. Any of the following uses:
      1. Building materials sales yard, including the sale of rock, sand, gravel, and similar items as an accessory part of the principal business, including the mixing of concrete;
      2. Contractors' equipment storage yard or plant and rental of equipment commonly used by contractors;
      3. Freighting and trucking yard or terminal; and
      4. Public utility service yard, transferring or receiving station.
    3. The following uses are permitted when conducted wholly within an enclosed building:
      1. Assembly of electrical appliances, electronic instruments and devices, radios and phonographs; the manufacture of small electrical items such as tubes, condensers, crystal holders, and similar items;
      2. Blacksmith, welding, and machine shop;
      3. Buildings, structures, and uses accessory and customarily incidental to any of the above enumerated uses;
      4. Concrete products and cement products manufacture;
      5. The manufacture, maintenance, and repair of electrical signs, commercial advertising structures, light sheet metal products, ventilating and heating ducts, and equipment and/or similar uses;
      6. The manufacture of pottery and ceramic products using clay materials that have been previously prepared and pulverized, provided the kilns are fired by gas or electricity only;
      7. The manufacture, processing, packaging, treatment, or compounding of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, toiletries, and food products; and
      8. The manufacture, treatment, compounding, or assembling of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, leather, paper, plastics, precious or semiprecious metal or stone, shell, textiles, tobacco, wood, wool, and yarn. (Prior Code, § 12-10A-2)
  3. Uses permissible upon review. Telecommunications tower, including antennas and antenna support structures, providing for notice to property owners of record within 300 feet as required by state statutes. (Prior Code, § 12-10A-3)
  4. Area regulations.
    1. Front yard. No front yard shall be required except for dwellings, in which instance, the regulations shall be the same as in an R-1 Single-Family District (§ 157.085(D) of this zoning code).
    2. Side yard.
      1. For uses other than dwelling purposes, no side yard shall be required except on the side of a lot adjoining a dwelling district, and in such instance, there shall be a side yard of not less than six feet.
      2. Whenever the rear lot line of a corner lot of a Light Industrial District abuts or is across the alley or utility easement from a residential district, the side yard setback adjacent to the street shall be 15 feet.
      3. For dwellings in an 1-1 Light Industrial District, the side yard requirements shall be the same as in an R-1 Single-Family District (§ 157.085(D) of this zoning code). (Prior Code, § 12-10A-4)
  5. Building height. Where a lot adjoins a dwelling district, buildings or structures shall not exceed 45 feet in height unless it is set back from the front, rear, and side yard lines one foot for each additional foot in height above 45 feet. (Prior Code, § 12-10A-5)

(Ord. 1997-3-1, passed 3-10-1997; Ord. 2001-01-01, passed 1-11-2001; Ord. 2001-7-1, passed 8-20-2001) Penalty, see § 157.999

  1. Purpose and intent. In the I-2 Heavy Industrial District, it is intended that the land be used for heavy industrial and commercial enterprises which, through necessary and unavoidable processes, create nuisances that would not be in harmony with residential and business establishments. (Prior Code, § 12-10B-1)
  2. Permitted and prohibited uses.
    1. Property and buildings in an I-2 Heavy Industrial District may be used for any purpose except the following:
      1. All residential uses, except sleeping facilities required for guards, caretakers, and watchmen employed upon the premises;
      2. All the following uses until they have been studied by the Planning Commission and have received the express permission of the Board of Trustees. The Board of Trustees may require that the County Health Department, the State Fire Marshall or other state and county regulating agencies attach to the approval specific instructions and restrictions which are designed to protect the public safety and welfare:
        1. Acid manufacture;
        2. Cement, lime, gypsum, or plaster of Paris manufacture;
        3. Explosive manufacture or wholesale storage;
        4. Gas manufacture; and
        5. Petroleum, the processing or refining of gasoline or liquefied petroleum products.
      3. All uses not complying with this zoning code or any other county, state, or federal regulations, ordinance, or law.
    2. Billboards are an allowable use consistent with § 153.30 of the town code. (Prior Code, § 12-10B-2)
  3. Area regulations.
    1. Front yard. No front yard shall be required.
    2. Side yard. For uses other than dwelling purposes, no side yard shall be required except on the side of a lot adjoining a dwelling district. In such instance, there shall be a side yard of not less than six feet. Whenever the rear lot line of a corner lot of a heavy industrial district abuts or is across the alley or utility easement from a residential district, the side yard setback adjacent to the street shall be 15 feet. (Prior Code, § 12-10B-3)
  4. Building height. The height regulations shall be the same as in an I-1 Light Industrial District (§ 157.150(E) of this zoning code). (Prior Code, § 12-10B-4)
  5. Outside storage. No article or material of a secondary nature or incidental to the principal use of the premises or any article or material that will impair the safety of the public shall be stored outside the confines of a building, unless it is enclosed by a fence, wall, or planting not to exceed seven feet nor be less than five feet in height. (Prior Code, § 12-10B-5)

(Ord. 1997-3-1, passed 3-10-1997; Ord. 2001-7-1, passed 8-20-2001; Ord. 2001-07-02, passed 8-13-2001) Penalty, see § 157.999

157.165 Scope Of Provisions

The general purposes and specific district provisions are set forth in §§ 154.25 through 154.37 of the town code.

(Prior Code, § 12-11-1) (Ord. 1997-3-1, passed 3-10-1997)

157.180 Scope Of Provisions
157.181 Visibility At Intersections In Residential Districts
157.182 Fences, Walls, And Hedges
157.183 More Than One Principal Structure On A Lot
157.184 Exceptions To Height Regulations
157.185 Access
157.186 Major Recreational Equipment
157.187 Parking And Storage Of Certain Vehicles
157.188 Uses Permissible Upon Review
157.189 Area Regulations
157.190 Group Housing Projects
157.191 Storage Of Liquified Petroleum Gases
157.192 Recreational Vehicle Parks

These supplementary district regulations shall apply to zoning districts except as otherwise specified in this subchapter.

(Prior Code, § 12-12-1) (Ord. 1997-3-1, passed 3-10-1997)

On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets in the areas bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection.

(Prior Code, § 12-12-2) (Ord. 1997-3-1, passed 3-10-1997)

Cross-reference: Definition of "Yard, front" concerning obstruction to view, see § 157.004

Notwithstanding other provisions of this zoning code, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard; provided, that no fence, wall, or hedge shall extend beyond the front yard building setback line as set forth in§ 157.085(D), "Area Regulations", of this zoning code. This section does not apply to walls constructed for the intent of retaining soil.

(Prior Code, § 12-12-3) (Ord. 2008-005, passed 3-24-2008) Penalty, see § 157.999

In any zoning district, more than one single-family residential structure may be erected on a single lot; provided, that yard and other requirements of this zoning code shall be met for each single-family residential structure as though it were on an individual lot. A lot split must be obtained before the erection of any subsequent single-family residential structures.

(Prior Code, § 12-12-4) (Ord. 2003-0013, passed 11-10-2003) Penalty, see § 157.999

The height limitations contained in the specific district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Prior Code, § 12-12-5) (Ord. 1997-3-1, passed 3-10-1997)

  1. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
  2. No dwelling shall be erected on a lot which does not abut on at least one street for at least 40 feet and have a width of at least 75 feet at the building line. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.

(Prior Code, § 12-12-6) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

  1. Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

    MAJOR RECREATIONAL EQUIPMENT. Includes boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like.
  2. Parking, storage, and use regulations. No major recreational equipment shall be parked or stored on any lot in a residential district other than described below:

Major recreational equipment must be stored in the back yard or behind the residence, (The area from the back of the dwelling to the rear property line). Major recreational equipment are not to be stored in the side yard or beside the residence. Major recreational equipment must be parked on an all-weather impervious material, such as, a concrete pad, asphalt, or concrete pavers under each tire of the vehicle.

Major recreational equipment parked or stored on any lot in a residential district shall not be used for living, sleeping, or housekeeping purposes, or in any location not approved for such use.

  1. Exemptions. Exceptions may be made for visitation purposes not to exceed 30 consecutive days or 90 days in a four-month period.

(Prior Code, § 12-12-7) Penalty, see § 157.999

HISTORY
Amended by Ord. 2024-006 on 9/11/2023

1. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than as described below;

Property owners may have no more than two vehicles without current license plates or non-operating vehicle stored on a residentially zoned property. The vehicles must be stored in the back yard of the residence and parked on an all-weather impervious material. Such as, a concrete pad, asphalt, or concrete pavers under each tire of the vehicle.

2. All other vehicles must be parked in a designated parking space.

3. No person shall park any vehicle when the vehicle's classifications rated by the manufacturer as greater than one ton on any street unless the person is actually engaged in loading or unloading merchandise and while such person has displayed all warning required for disabled vehicles. The storage of vehicles, trucks ,trailers, boats, motor homes, or any equipment on any street by any person is unlawful and an offense and such may be impounded, towed and stored by authority of the police department as a traffic obstruction hazard.

PENALTY: Any person who shall violate any provision of this chapter shall, upon conviction, be fine NOT LESS THAN $100 or NOT MORE THAN $500. Each day of such violation shall constitute a separate offence.

(Prior Code, § 12-12-8) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Cross-reference: Storing or parking junked vehicles, see § 91.062

  1. Procedures generally. Uses permissible upon review shall be accepted or rejected under the following procedures.
    1. An application shall be on file with the Town Clerk's office in the municipal building at least 20 days prior to the next regular meeting of the Planning Commission.
    2. The application shall include:
      1. The location and intended use of the site;
      2. A certified abstract of the names of the property owners and existing land uses within 300 feet, exclusive of streets and alleys; and
      3. Any other information pertinent to the request that the Planning Commission may require.
  2. Telecommunications facilities.
    1. Description. Telecommunications facilities are public protection and utility facilities which may have technical location requirements necessitating specific locations in and around areas serviced, and certain open air land uses which can be objectionable to certain other uses and are, therefore, permitted in certain districts by a use permissible on review.
    2. Uses permissible upon review. Telecommunication facilities, including antennas and antenna support structures, may be initiated upon approval of a use permissible on review of the Planning Commission.
    3. Use conditions.
      1. The installation of new antennas and antenna support structures on existing facilities which predate the effective date hereof and have otherwise been approved as a use by right or permissible use by the Planning Commission may be permitted by right upon certification of an engineer licensed to practice in the state that the existing structure would accommodate the new user without requiring structural modification and otherwise obtaining the required permits. Excluding the requirement for obtaining approval of a use permissible on review from the Planning Commission, such new facilities shall be subject to this division (B) (excluding the collocation design requirement).
      2. The installation of antennas and antenna support structures in the A-1, C-2, I-1, and I-2 districts shall require approval of an application to the Planning Commission for uses permissible on review. Such application shall include a site plan showing all proposed improvements and a scale drawing which displays the location of all existing sites and sites on which applications are pending with the Planning Commission for antennas and antenna support structures within a one mile radius of the site proposed in the application.
    4. Conditions for Planning Commission approval. In order to obtain approval of a use permissible on review for an antenna and antenna support structure, the Planning Commission shall require, subject to modification and additional requirements as deemed necessary by the Planning Commission, that the antenna and antenna support structure satisfy the following:
      1. Written evidence shall be presented to the Planning Commission by the proposer of such facility that the new facility is not closer than one-fourth mile from any existing site or site for which an application is pending with the Commission for an antenna and antenna support structure on which collocation space is reasonably available;
      2. Shall be set back from an R district boundary 110% of its height as measured at grade;
      3. In no case shall the antenna and antenna support structure exceed a maximum height of 200 feet;
      4. In zoning districts other than industrial or heavy commercial, towers over 90 feet in height shall not be located within one-fourth mile of any existing tower. All tower supports and peripheral anchors shall be located entirely within the boundaries of the property and shall not be less than five feet from the property line. Towers, guys, and accessory buildings must satisfy minimum zoning setbacks;
      5. Shall be buffered with vegetative or other screening to mitigate the operational and visual impacts of such use on abutting and adjacent uses. The standard buffer strip shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. In locations where the Planning Commission determines that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived entirely by the Commission;
      6. Shall be subject to initial and continuing compliance with all other applicable local, state, and federal codes and standards for operation of that particular facility. These requirements shall include, but not be limited to, meeting the standards and requirements of the Federal Aviation Administration, Federal Communications Commission, Electronic Industries Association, and American National Standards Institute;
      7. If the operation and use of such facilities cease for a period of 180 days, unless or except said local approvals are given again within 60 days of the expiration of the 180-day period, it shall be removed by the owner at the owner's cost or be subject to removal by the town at the owner's cost;
      8. It shall be designed and constructed in such a manner as to accommodate collocation of a minimum of two wireless telecommunications system providers, unless it can be demonstrated by the applicant, to the satisfaction of the Planning Commission, that such collocation was not technically feasible or that it would unreasonably impede or otherwise impair the operation of the initial or subsequently located facilities;
      9. If collocation is determined by the Planning Commission to unreasonably impede or impair the operation of the proposed facility, a minimum spacing of one mile from other such facilities shall be met;
      10. The antenna support structure shall be on monopole design;
      11. Certification from a professional engineer licensed to practice in the state shall be submitted with the Planning Commission application that the antenna and antenna support structure is designed and constructed in such a manner as to accommodate the collocation of a minimum of two wireless telecommunications system providers, and that it meets the standards of the American National Standards Institute and the Electronic Industries Association. Further, certification from such an engineer shall be required upon completion of construction and prior to commencement of operation that the antenna and antenna support structure has, in fact, been constructed in accordance with the plans as approved by the town;
      12. Include written evidence of compliance with the standards of the Federal Communications Commission and the Federal Aviation Administration;
      13. Operators of such facilities shall give the town administration 30 days' prior written notice of any change or modification in the operation of the facility that would cause the facility to no longer be in compliance with divisions (B)(4)(a) through (B)(4)(l) above and the conditions of approval granted by the Planning Commission. Said notice shall include detailed information about the nature of all such changes. Further, such changes shall cause the approval of the use permissible on review to be summarily revoked and become the basis for requiring submission of a new application to the town if operation is to continue; and
      14. Notwithstanding divisions (B)(4)(a) through (B)(4)(m) above, upon obtaining approval for collocation of a specified number of users on a particular facility by a use permissible on review by the Planning Commission, subsequent users up to the specified number may be permitted by right upon demonstrating compliance with all conditions of the original approval.

(Prior Code,§ 12-12-9) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2001-7-1, passed 8-20-2001) Penalty, see § 157.999

  1. Joint use of open space and lot area. No open space or lot area required for a building or structure shall, during its life, be occupied by or counted as open space for any other building or structure.
  2. Yards.
    1. Where the dedicated street right-of-way is less than 60 feet in depth, the front yard shall be measured starting at a point 30 feet from the centerline of the street right-of-way.
    2. In those instances where a side yard is used and none is required, there shall be a side yard of not less than three feet.
    3. Where 25% or more of the lots on one side of a street between two intersecting streets is improved with buildings which have observed an average front yard setback line less than herein required, new buildings shall not be erected closer to the street than the building line so established by the existing buildings.
  3. Parking and loading for businesses and industries. It is the intent of this zoning code that lots of sufficient sizes be used by any business or industry to provide adequate parking and loading and unloading space required for operation of the enterprise.

(Prior Code, § 12-12-10) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

In case of a housing project consisting of a group of two or more buildings or a high rise apartment to be constructed on a plot of ground of at least three acres not subdivided into the customary streets and lots, and which will not be so subdivided, or where the existing or contemplated street width and lot layout make it impracticable to apply the requirements of this zoning code to the individual buildings in such housing project, an application shall be submitted to the Board of Adjustment for approval, approval with conditions, or denial. Said group housing shall be in harmony with the character of the neighborhood, will ensure a density of land use no higher, and a standard of open space as required by the district in which the proposed project is to be located. In no case shall a use or building height or density of population be permitted which is more than the requirement of the district in which the housing project is to be located.

(Prior Code, § 12-12-11) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the prevailing ordinances of the town and the regulations of the Liquefied Petroleum Gas Administration of the state.

(Prior Code, § 12-12-12) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

  1. Purpose. The purpose of this section is to provide general standards applicable to recreational vehicle parks to provide compatibility with the adjoining properties.
  2. Permitted land use zones. RV parks may be permitted in the C-2, C-3, A-1, I-1, and I-2 zones subject to the requirements of a conditional use permit and in conformance with this section.
  3. Approval of site plan.
    1. Submission of plan. The owner/developer shall prepare a site plan for submission to the Planning Commission. Copies of the site plan shall be submitted to the Planning Commission not less than 15 working days prior to the meeting at which it is to be considered.
    2. Certification of design. The site plan shall be accompanied by a statement signed by the registered engineer/architect preparing the site plan that he or she has, to the best of his or her ability, designed the recreational vehicle park in accordance with the general plan, with which he or she is completely familiar, and in accordance with the ordinances and regulations governing the development of land.
    3. Contents of site plan. The site plan shall be drawn to a minimum scale of 100 feet to one inch and shall contain, or be accompanied by, the following information:
      1. The scale, north arrow, and date;
      2. The proposed name of the recreational vehicle park;
      3. The name and address of the owner of record, the owner/developer, and the registered engineer/architect preparing the site plan;
      4. The land contours with vertical intervals not greater than two feet referenced to a United States geological survey or coast and geodetic survey benchmark or monument.
      5. The location of existing buildings, water, and watercourses, and the location of dedicated streets at the point where they adjoin and/or are immediately adjacent to the recreational vehicle park; provided, however, that the actual measured distances shall not be required;
      6. The length of the boundaries of the tract, measured to the nearest foot, and the proposed location and width of streets, private drive, alleys, easements, and setback lines and the lot dimensions, if applicable; and
      7. Zoning district classification (if there is more than one classification, the dividing lines should be shown) on land to be subdivided and on adjoining lands.
    4. Planning Commission action. The Planning Commission shall approve, conditionally approve, or disapprove the site plan within 60 days of the date of its submission by the applicant. If the site plan is disapproved or approved conditionally, the reasons for such actions shall be stated in writing, a copy of which shall be signed by the Planning Commission Chairperson and shall be attached to one copy of the site plan and transmitted to the owner/developer. Unless stipulations or additional time is agreed to by the owner/developer, and if no action is taken by the Planning Commission within 60 days after submission, the site plan shall be forwarded to the Board of Trustees for their approval, approval with conditions, or disapproval. The reasons for disapproval or conditional approval shall refer specifically to those parts of the general plan or specific regulations with which the plat does not conform. On conditionally approving a site plan, the Planning Commission may require submission of a revised site plan.
  4. General standards.
    1. All RV parks shall contain a minimum of two acres.
    2. Length of occupancy for any RV shall not exceed 120 continuous days or 180 in a one-year period.
    3. Each site/space shall be of a size and shape that will provide reasonable area for the parking of the recreational vehicle next to the utility connections and for the parking of another vehicle side by side. Minimum site/space shall be 30 feet by 50 feet.
    4. Each site/space in the park shall be identified with an individual number in logical sequence and shown on the approved site plan for the park.
    5. The property line or street frontage may consist of fencing no more than six feet high of decorative, wrought iron, or chainlink type.
    6. Each space shall have direct access to an abutting roadway of gravel or asphalt with a width of not less than 25 feet for two lane traffic and a minimum of 15 feet for one-way traffic. One-way drive aisles must originate and terminate at two-way drive aisles.
    7. Roadways shall not be used for parking.
    8. All recreational vehicle parks shall be designed to allow for two-way access to a public street.
    9. All exterior lighting shall be located and installed in accordance with the National Electric Code and must meet all state requirements.
    10. Refuse containers shall be conveniently located throughout the park and contained within a trash enclosure in accordance with the standards established by the town.
    11. Common recreational area shall be required for all recreational vehicle parks. These include, but are not limited to, playgrounds, clubhouse, swimming pool, game courts, picnic area, and open area. Open areas may be designed for active or passive recreation.
    12. Each site/space shall be improved with paving, gravel, or other nonpaved surface.
    13. Each recreational vehicle park shall be landscaped in accordance with the approved site plan.
    14. The facility shall have a manager available 24 hours per day. The on-site manager's living quarters may be a recreational vehicle or a single-family residence.
    15. No site/space shall be more than 500 feet from the nearest fire hydrant.
    16. Any recreational vehicle park in excess of ten spaces shall have a minimum of a six-inch water main line extension installed to meet the requirement of division (D)(15) above.
    17. All electrical distribution on the development site shall be underground including site lighting and power distribution. Each space shall have a minimum of a 30-amp, 240-volt, 1-phase pedestal installed per National Electric Code.
  5. Accessory uses. The following structures and their uses are permitted in all recreational vehicle parks:
    1. A propane exchange or vending machines that are properly maintained and protected from inclement weather;
    2. Common shower, bath, and laundry facilities;
    3. Private recreational facilities for the use of the occupants of the park;
    4. Recreational vehicle or travel trailer storage area. The storage area shall be fully screened with fencing not less than six feet in height and shall be clearly designated on the approved site plan;
    5. Snack bar and food store provided this use is fully contained in a social or recreational center (clubhouse) and serving only park guests;
    6. Social and recreational (clubhouse); and
    7. Similar uses. The Planning Commission may allow any other use it may determine to be similar to those listed herein and compatible with the site and surrounding land use.
  6. Prohibited uses. The following uses are prohibited:
    1. An on-site propane filling station;
    2. Except as otherwise expressly provided herein, no part of the park shall be used for any business, commercial, manufacturing, or retail, unless those activities are approved under separate permit; and
    3. Except for park owner or park management personnel as allowed under division (D)(14) above, there shall be no permanent residency in a recreational vehicle park.
  7. Setback requirements.
    1. All permanent buildings within the park shall meet the setback requirements of the zone that they occupy.
    2. A minimum ten-foot landscape setback shall be maintained along all street frontage.
    3. When a park is adjacent to a residential zone, a minimum 25-foot wide landscape buffer shall be provided between the spaces and the property line.
    4. When a park is adjacent to a commercial or industrial zone, a minimum ten-foot wide landscape buffer shall be provided between the space and the property line.
  8. Park rules and regulations. Park rules and regulations pertaining, but not limited to, fireworks, open fires, pets, security, child supervision, private gardens, registration of occupants, speed limit, and quiet hours shall be established by the owner/developer.

(Prior Code, § 12-12-13) (Ord. 2009-008, passed 7-27-2009) Penalty, see § 157.999

157.205 Purpose And Intent
157.206 Determination Of Parking Space Requirement
157.207 General Requirements
157.208 Off-Street Parking In All Districts
157.209 Off-Street Parking Lots In Residential Districts

It is the intent of these off-street parking regulations and requirements that adequate off-street parking be provided to meet the parking demands as applied to the use of the land.

(Prior Code, § 12-13-1) (Ord. 1997-3-1, passed 3-10-1997)

Whenever there is a use of land proposed for which no parking demand is given herein, the Planning Commission shall make a determination of the parking demand created by the proposed building, structure, or land use, and such demand shall become a requirement and be made a condition of the building permit authorizing such use.

(Prior Code, § 12-13-2) (Ord. 1997-3-1, passed 3-10-1997)

  1. Required parking space shall be provided with vehicular access to a street or alley, and shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced, diminished, or encroached upon in any manner. The ownership of the land upon which parking is provided shall be the same as the ownership of the land upon which the principal use exists or within 300 feet of the proposed land use, inclusive of streets and alleys.
  2. The area between the street right-of-way lines and setback lines may be used for parking when such area is surfaced and an adequate means of ingress provided
  3. All driveways and off-street parking for new construction and/or major renovation of a property in excess of 50% or more of the accessed value of the property shall pave said driveway with a permanent, all weather, impervious material.

(Prior Code, § 12-13-3) (Ord. 1997-3-1, passed 3-10-1997) (Ord. 2025-017, passed 3-10-2025) Penalty, see § 157.999

Off-street parking space shall be provided in all districts for the various land uses as follows:

Type of UseParking Space Required
Boarding houses, rooming houses, hotels, motels, 1 space for each guestroom or tourist courts
1 space for each guestroom
Bowling alleys
4 spaces per lane and 2 spaces per table
Community centers or churches
1 space for each 4 seats within main auditorium, if no fixed seats, then 1 space per 150 square feet
Convention halls, clubs, lodges, libraries, museums, places of amusement or recreation
1 space for 50 square feet of floor space used for assembly or recreation
Daycare center, preschool
1 space per 400 square feet
Dental and medical clinics
4 spaces for each doctor's office
Dwellings
2 spaces for each separate dwelling unit within the structure
Hospitals or sanitariums
1 space for each 2 staff members, and adequate off-street parking space for loading and unloading emergency vehicles
Industrial establishments
1 space per 750 square feet or adequate area to park all employees' and customers' vehicles at all times and adequate space for loading and unloading and storing all vehicles used incidental to or as a part of the primary operation of the establishment
Mortuaries1 space for each 4 seats in main assembly room
Office buildings and commercial establishments1 space for each 300 square feet of floor space
Restaurants1 space per 100 square feet
Retail stores1 space for each 200 square feet of floor area
Schools 
High schools1 space for each 5 students enrolled
Junior high schools and grade schools1 space for each staff member
Stadiums and theaters1 space for each 4 seats

(Prior Code, § 12-13-4) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2023-011, passed 2-13-2023) Penalty, see § 157.999

Off-street parking or parking lots in residential districts shall meet the following requirements.

  1. Fence, wall, or hedge. All side and rear lot lines of the lot abutting the residential district shall be enclosed with an ornamental fence, wall, or dense evergreen hedge not exceeding six feet and not being less than five feet in height.
  2. Setback where no alley exists. Whenever the rear lot line of an off-street parking lot abuts a residential zone and is not separated from it by an alley or easement having a minimum width of 15 feet, the setback shall be measured from the centerline of the existing alley or easement.
  3. Driveways.
    1. No driveway shall exceed 30 feet in width, exclusive of curb returns.
    2. No residential driveway shall serve more than two residential lots.
  4. Parking or storage of certain vehicles. No tractor trucks and/or tractor-trailers are permitted to be parked or stored in residential districts.

(Prior Code, § 12-13-5) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

157.220 Intent
157.221 Nonconforming Lots Of Record
157.222 Nonconforming Uses Of Land
157.223 Nonconforming Structures
157.224 Nonconforming Uses Of Structures Or Of Structures And Premises In Combination
157.999 Penalty

  1. Within the districts established by this zoning code or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before these regulations were passed or amended, but which would be prohibited, regulated, or restricted under the terms of this zoning code or future amendment. It is the intent of this zoning code to permit these nonconformities to continue until they are removed but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
  2. Nonconforming uses are declared by this zoning code to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after the effective date of this zoning code by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
  3. To avoid undue hardship, nothing in this zoning code shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this zoning code and upon which actual building construction has been carried on diligently.
    1. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.
    2. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be "actual construction".

(Prior Code, § 12-14-1) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

  1. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this zoning code, notwithstanding limitations imposed by other provisions of this zoning code. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, or width, or both, that are generally applicable in the district; provided, that yard dimensions and requirements other than those applying to area, or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.
  2. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this zoning code, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this zoning code, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this zoning code below the requirements stated in this zoning code.

(Prior Code, § 12-14-2) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Where, at the time of passage of this zoning code, lawful use of land exists which would not be permitted by the regulations imposed by this zoning code, the use may be continued so long as it remains otherwise lawful, provided:

  1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this zoning code;
  2. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this regulation;
  3. If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this zoning code for the district in which such land is located; and
  4. No additional structure not conforming to the requirements of this zoning code shall be erected in connection with such nonconforming use of land.

(Prior Code, § 12-14-3) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Where a lawful structure exists at the effective date of adoption or amendment of this zoning code that could not be built under the terms of this zoning code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.

  1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
  2. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means, it shall not be reconstructed except in conformity with the provisions of this zoning code.
  3. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Prior Code, § 12-14-4) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

If lawful use involving individual structures, or of structure and premises in combination, exists at the effective date of adoption or amendment of this zoning code that would not be allowed in the district under the terms of this zoning code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.

  1. No existing structure devoted to a use not permitted by this zoning code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
  2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this zoning code, but no such use shall be extended to occupy any land outside such building.
  3. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may, as a special exception, be changed to another nonconforming use; provided, that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate to the district as the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this zoning code.
  4. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
  5. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when governmental action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(Prior Code, § 12-14-5) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

Any person, firm, corporation, partnership, association, or any other legal entity who violates any of the provisions of 11 O.S. §§ 43-101 through 43-109, 44-102 through 44-103, or 45-101 through 45-103 of the Oklahoma planning and zoning laws, and/or the zoning code of the town, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in § 10.99 of the town code. Each day of violation or noncompliance shall constitute a separate offense. The Town Administrator, or his or her designated representative, shall issue all citations for alleged violations of this zoning code.

(Prior Code, § 12-2-10) (Ord. 1997-3-1, passed 3-10-1997)

SECTION 1.

That the Town of Fort Gibson Code of Ordinances be amended by providing for and establishing a Five (5) Member Committee, for Parks, Recreation and Tourism, providing for appointment of members, terms of service, member eligibility and establishing board meeting dates, which reads as follows, to-wit:

A. A five (5) member committee for Parks, Recreation, and Tourism is hereby established.

B. The original appointed members shall be appointed for terms as follows:

one (1) member, for a term of one (1) year; and two (2) members, for a term of two (2) years; and two (2) members, for a term of three (3) years.

C. Members or replacement members appointed at the expiration of a term shall be appointed for a term of three (3) years.

D. The Town Administrator shall serve as an ex officio member and/ or his/ her designee.

E. The Committee of Parks, Recreation and Tourism shall meet on a as needed basic.

F. All Members shall be nominated and appointed by the Board of Trustees of the Town of Fort Gibson.

G. All members must reside within the residential zip code of 74434 of the Town of Fort Gibson.

H. The Committee of Parks, Recreation and Tourism shall make recommendations to the Board of Trustees for the Town of Fort Gibson whenever determined to be appropriate and the Board of Trustees shall make final decisions as needed.

I. The Members of the Parks, Recreation and Tourism Committee shall serve without any compensation.

J. The Board of Trustees may remove members of the Committee at their discretion.

K. Officers. Immediately after the appointment of members of the Parks, Recreation and Tourism Committee, the Committee shall meet and elect a Chairperson and a Vice Chairperson.

SECTION 2. Any ordinance inconsistent with the terms and provisions of this ordinance is hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance.

SECTION 3. This ordinance shall go into effect thirty (30) days after its passage.

Amended and Established June 22, 2026


HISTORY
Approved by Ord. 2026-011 on 6/22/2026
REFERENCES TO OKLAHOMA STATUTES
REFERENCES TO PRIOR CODE
REFERENCES TO RESOLUTIONS
REFERENCES TO ORDINANCES

O.S. Cite

Code Section

11 O.S.

157.022, 157.056

11 O.S. § 1-102

91.077

11 O.S. § 1-102(8)

91.046

11 O.S. §§ 12-101 et seq.

30.02

11 O.S. § 16-112

32.017

11 O.S. § 27-101

31.01

11 O.S. § 27-102

31.01

11 O.S. § 27-111

31.07

11 O.S. § 27-123

31.16

11 O.S. § 27-124

31.16

11 O.S. § 41-47

155.01

11 O.S. §§ 41-101 et seq.

156.004

11 O.S. §§ 42-101 et seq.

156.004

11 O.S. § 42-110

93.010

11 O.S. §§ 43-101 et seq.

156.004

11 O.S. §§ 43-101 through 43-109

157.999

11 O.S. § 43-105

157.021

11 O.S. § 43-106

157.021

11 O.S. §§ 44-101 et seq.

156.004

11 O.S. §§ 44-102 through 44-103

157.999

11 O.S. §§ 45-101 through 45-103

157.999

11 O.S. §§ 45-101 et seq.

156.004, 156.050

11 O.S. §§ 46-101 et seq.

156.004

11 O.S. §§ 49-1001 et seq.

34.026

21 O.S.

130.063

21 O.S. § 646(B)

70.020

22 O.S. § 34.3

33.01

37 O.S.

111.05

37A O.S. § 1-103

111.01

37A O.S. §§ 5-101 et seq.

32.016

47 O.S. §§ 1-101 et seq.

70.003

47 O.S. § 1-114A

70.004

47 O.S. § 1-125

91.060

47 O.S. § 7-204

70.018

47 O.S. § 7-503

70.018

47. O.S. Chapter 7, Article VI

70.018

47 O.S. § 7-606

70.018

47 O.S. §§ 11-101 et seq.

70.003

47 O.S. § 11-202

70.045

47 O.S. § 11-902

70.075

47 O.S. § 12-218

70.004, 70.061

47 O.S. §§ 12-601 et seq.

72.04

47 O.S. §§ 12-701 et seq.

72.02

47 O.S. § 15-112

71.07

47 O.S. § 752

70.020

47 O.S. § 952

73.06

47 O.S. § 952(C)

73.06

47 O.S. § 955

73.06

47 O.S. § 1102

72.05

47 O.S. § 1127

70.018

47 O.S. § 1134

70.114

50 O.S. § 12

91.021

50 O.S. § 14

91.021

50 O.S. § 15

91.021

50 O.S. § 16

91.015, 91.023

50 O.S. § 17

91.024

51 O.S. §§ 121 et seq.

30.31

59 O.S., Chapter 43A

151.51

59 O.S. § 495

70.114

59 O.S. §§ 1001 et seq.

151.02

59 O.S. §§ 1680 et seq.

151.15

63 O.S. § 1-1011

91.022, 92.006

63 O.S. § 1-2512(B)

70.004

63 O.S. §§ 2-101 et seq.

130.087

63 O.S. §§ 2-101.1 et seq.

130.087

63 O.S. § 2-204

130.087

63 O.S. § 2-206D

130.087

63 O.S. § 2-208

130.087

63 O.S. § 2-210

130.087

63 O.S. § 2-212

130.087

63 O.S. §§ 420A et seq.

112.01

63 O.S. § 683.3

70.004

63 O.S. § 2814A

32.091

68 O.S. § 205

32.029, 32.060

68 O.S. § 217

32.025, 32.056

68 O.S. § 220

32.025, 32.056

68 O.S. § 227

32.028, 32.059

68 O.S. §§ 1352 et seq.

32.016

68 O.S. § 1401

32.046

68 O.S. § 1408

32.054

68 O.S. § 1622

130.044

68 O.S. § 1623(A)

130.044

75 O.S. §§ 309 to 317

31.04

82 O.S. §§ 1601 et seq.

155.28

82 O.S. §§ 1601 through 1618

155.26

Prior Code Section

2023 Code Section

1-1-1

10.01

1-1-2

10.02

1-1-3

10.03

1-1-4

10.04

1-1-5

10.05

1-2-1

10.20

1-2-2

10.21

1-2-3

10.22

1-2-4

10.23

1-3-1

10.06

1-3-2

10.07

1-3-3

10.08

1-4-1

10.99

1-4-2

10.99

1-4-3

10.99

1-4-4

10.99

1-5-1

11.01

1-5-2

11.02

1-5-3

11.03

1-6-1

30.01

1-6-2

30.02

1-6-3

30.03

1-6-4

30.04

1-6-5

30.05

1-6-6

30.06

1-6-7

30.07

1-7-1

30.20

1-7-2

30.21

1-7-3

30.22

1-7-4

30.23

1-7-5

30.24

1-7-6

30.25

1-7-7

30.26

1-7-8

30.27

1-7-9

30.28

1-7-10

30.29

1-7-11

30.30

1-7-12

30.31

1-7-13

30.32

1-8-1

31.01

1-8-2

31.02

1-8-3

31.03

1-8-4

31.04

1-8-5

31.05

1-8-6

31.06

1-8-7

31.07

1-8-8

31.08

1-8-9

31.09

1-8-10

31.10

1-8-11

31.11

1-8-12

31.12

1-8-13

31.13

1-8-14

31.14

1-8-15

31.15

1-8-16

31.16

1-8-17

31.17

1-9-1

90.01

1-9-2

90.02

1-9-3

90.03

1-9-4

90.04

1-9-5

90.05

2-1-1

32.001

2-1-2

32.002

2-2-1

32.015

2-2-2

32.016

2-2-3

32.017

2-2-4

32.018

2-2-5

32.019

2-2-6

32.020

2-2-7

32.021

2-2-8

32.022

2-2-9

32.023

2-2-10

32.024

2-2-11

32.025

2-2-12

32.026

2-2-13

32.027

2-2-14

32.028

2-2-15

32.029

2-2-16

32.030

2-2-17

32.031

2-3-1

32.045

2-3-2

32.046

2-3-3

32.047

2-3-4

32.048

2-3-5

32.049

2-3-6

32.050

2-3-7

32.051

2-3-8

32.052

2-3-9

32.053

2-3-10

32.054

2-3-11

32.055

2-3-12

32.056

2-3-13

32.057

2-3-14

32.058

2-3-15

32.059

2-3-16

32.060

2-3-17

32.061

2-4-1

32.075

2-4-2

32.076

2-4-3

32.077

2-4-4

32.078

2-4-5

32.079

2-5-1

32.090

2-5-2

32.091

3-1-1

110.01

3-1-2

110.02

3-1-3

110.03

3-1-4

110.04

3-1-5

110.05

3-1-6

110.06

3-1-7

110.07

3-1-8

110.08

3-1-9

110.09

3-1-10

110.10

3-1-11

110.11

3-1-12

110.12

3-1-13

110.13

3-1-14

110.14

3-1-15

110.15

3-1-16

110.16

3-1-17

110.17

3-2-1

111.01

3-2-2

111.02

3-2-3

111.03

3-2-4

111.04

3-2-5

111.05

3-2-6

111.06

3-2-7

111.07

3-2-8

111.08

3-2-9

111.09

3-2-10

111.10

3-2-11

111.11

3-2-12

111.12

3-2-13

111.13

3-2-14

111.99

3-4-1

113.01

3-4-2

113.02

3-4-3

113.03

3-4-4

113.04

3-5-1

114.01

3-5-2

114.02

3-5-3

114.03

3-5-4

114.04

3-5-5

114.05

3-5-6

114.06

3-5-7

114.07

3-5-8

114.08

3-5-9

114.09

3-5-10

114.10

3-5-11

114.11

3-5-12

114.12

3-5-13

114.13

3-5-14

114.14

3-5-15

114.15, 114.99

3-6-1

113.15

3-6-2

113.16

3-6-3

113.17

3-6-4

113.18

3-6-5

113.99

3-7-1

113.30

3-7-2

113.31

3-7-3

113.32

3-7-4

113.33

3-7-5

113.34

3-7-6

113.35

3-7-7

113.99

3-8-1

115.01

3-8-2

115.02

3-8-3

115.03

3-8-4

115.04

3-8-5

115.05

3-8-6

115.06

3-8-7

115.07

3-8-8

115.08

3-8-9

115.09

3-8-10

115.10

3-8-11

115.11

3-8-12

115.12

3-8-13

115.13

3-8-14

115.99

4-1-1

91.001

4-1-2

91.002

4-1-3

91.999

4-2-1

91.015

4-2-2

91.016

4-2-3

91.017

4-2-4

91.018

4-2-5

91.019

4-2-6

91.020

4-2-7

91.021

4-2-8

91.022

4-2-9

91.023

4-2-10

91.024

4-2-11

91.025

4-3-1

91.040

4-3-2

91.041

4-3-3

91.042

4-3-4

91.043

4-3-5

91.044

4-3-6

91.045

4-3-7

91.046

4-3-8

91.047

4-3-9

91.999

4-4-1

91.060

4-4-2

91.061

4-4-3

91.062

4-4-4

91.999

4-5-1

91.075

4-5-2

91.076

4-5-3

91.077

4-5-4

91.078

4-5-5

91.079

5-1-1

34.001

5-1-2

34.002

5-1-3

34.003

5-1-4

34.004

5-1-5

34.005, 34.999

5-1-6

34.006

5-1-7

34.007

5-2-1

34.020

5-2-2

34.021

5-2-3

34.022

5-2-4

34.023

5-2-5

34.024

5-2-6

34.025

5-2-7

34.026

5-2-8

34.027

5-2-9

34.028

5-2-10

34.029

5-3-1

34.040

5-3-2

34.041

5-4-1

34.055

5-4-2

34.056

5-4-3

34.057

5-4-4

34.058

5-4-5

34.059

5-5-1

34.070

5-5-2

34.071

5-5-3

34.072

5-5-4

34.073

5-5-5

34.074

5-5-6

34.999

5-6-1

130.001

5-6-2

130.002

5-6-3

130.999

5-6A-1

130.015

5-6A-2

130.016

5-6A-3

130.017

5-6A-4

130.018

5-6A-5

130.019

5-6A-6

130.020

5-6A-7

130.021

5-6A-8

130.022

5-6A-9

130.023

5-6A-10

130.024

5-6A-11

130.025

5-6A-12

130.026

5-6A-13

130.027

5-6B-1

130.040

5-6B-2

130.041

5-6B-3

130.042

5-6B-4

130.043

5-6B-5

130.044

5-6B-6

130.045

5-6B-7

130.046

5-6C-1

130.060

5-6C-2

130.061

5-6C-3

130.062

5-6C-4

130.063

5-6C-5

130.064

5-6C-6

130.065

5-6C-7

130.066

5-6C-8

130.067

5-6C-9

130.068

5-6C-10

130.069

5-6C-11

130.070

5-6D-1

130.085

5-6D-2

130.086

5-6D-3

130.087

5-6E-1

130.100

5-6E-2

130.101

5-6E-3

130.102

5-6E-4

130.103

5-6E-5

130.104

5-6E-6

130.105

5-6E-7

130.106

5-6E-8

130.107

5-6E-9

130.108

5-6E-10

130.109

5-6E-11

130.110

5-7-1

130.125

5-7-2

130.126

5-7-3

130.127

5-7-4

130.128

5-8-1

111.25

5-8-2

111.26

5-8-3

111.27

5-8-4

111.28

5-8-5

111.29

5-8-6

111.30

5-8-7

111.31

5-8-8

111.32

5-9-1

33.01

6-1-1

92.001

6-1-2

92.002

6-1-3

92.003

6-1-4

92.004

6-1-5

92.005

6-1-6

92.006

6-1-7

92.007

6-1-8

92.008

6-1-9

92.009

6-1-10

92.010

6-1-11

92.011

6-1-12

92.012

6-1-13

92.013

6-1-14

92.014

6-1-15

92.015

6-1-16

92.999

6-2-1

92.030

6-2-2

92.031

6-2-3

92.032

6-2-4

92.033

6-2-5

92.034

6-3-1

92.045

6-3-2

92.046

6-3-3

92.047

6-3-4

92.048

6-4-1

92.060

6-4-2

92.061

6-4-3

92.062

6-4-4

92.063

6-4-5

92.064

6-4-6

92.065

6-4-7

92.066

6-5-1

92.080

6-5-2

92.081

6-5-3

92.082

6-5-4

92.083

7-1-1

70.001

7-1-2

70.002

7-1-3

70.003

7-2-1

70.004

7-3-1

70.015

7-3-2

70.016

7-3-3

70.017

7-3-4

70.018

7-3-5

70.019

7-3-6

70.020

7-4-1

70.035

7-4-2

70.036

7-4-3

70.037

7-4-4

70.038

7-4-5

70.039

7-4-6

70.040

7-4-7

70.041

7-4-8

70.042

7-4-9

70.043

7-4-10

70.044

7-4-11

70.045

7-4-12

70.046

7-4-13

70.047

7-4-14

70.048

7-4-15

70.049

7-5-1

70.060

7-5-2

70.061

7-5-3

70.062

7-5-4

70.063

7-5-5

70.064

7-5-6

70.065

7-5-7

70.066

7-5-8

70.067

7-5-9

70.068

7-5-10

70.069

7-5-11

70.070

7-5-12

70.071

7-5-13

70.072

7-5-14

70.073

7-5-15

70.074

7-5-16

70.075

7-6-1

71.01

7-6-2

71.02

7-6-3

71.03

7-6-4

71.04

7-6-5

71.05

7-6-6

71.06

7-6-7

71.07

7-6-8

71.08

7-6-9

71.09

7-6-10

71.10

7-6-11

71.11

7-7-1

70.090

7-7-2

70.091

7-7-3

70.092

7-7-4

70.093

7-7-5

70.094

7-7-6

70.095

7-7-7

70.096

7-8-1

70.110

7-8-2

70.111

7-8-3

70.112

7-8-4

70.113

7-8-5

70.114

7-8-6

70.115

7-9-1

72.01

7-9-2

72.02

7-9-3

72.03

7-9-4

72.04

7-9-5

72.05

7-10-1

73.01

7-10-2

73.02

7-10-3

73.03

7-10-4

73.04

7-10-5

73.05

7-10-6

73.06

7-10-7

73.07

7-10-8

73.99

8-1-1

93.001

8-1-2

93.002

8-1-3

93.003

8-1-4

93.004

8-1-5

93.005

8-1-6

93.006

8-1-7

93.007

8-1-8

93.008

8-1-9

93.009

8-1-10

93.010

8-1-11

93.999

8-2-1

93.025

8-2-2

93.026

8-2-3

93.027

8-2-4

93.028

8-2-5

93.029

8-2-6

93.030

8-2-7

93.031

8-2-8

93.032

8-2-9

93.033

8-3-1

93.045

8-3-2

93.046

8-3-3

93.047

8-3-4

93.048

8-3-5

93.049

8-4-1

93.060

8-4-2

93.061

8-4-3

93.062

8-4-4

93.063

8-4-5

93.064

8-4-6

93.999

8-5-1

93.075

8-5-2

93.076

8-5-3

93.077

8-5-4

93.078

9-1-1

50.01

9-1-2

50.02

9-1-3

50.03

9-1-4

50.04

9-1-5

50.05

9-1-6

50.06

9-1-7

50.07

9-1-8

50.99

9-2-1

51.01

9-2-2

51.02

9-2-3

51.03

9-2-4

51.04

9-2-5

51.05

9-2-6

51.06

9-2-7

51.07

9-2-8

51.08

9-2-9

51.09

9-2-10

51.10

9-2-11

51.99

9-3-1

52.02

9-3-2

52.03

9-3-3

52.04

9-3-4

52.05

9-3-5

52.06

9-3-6

52.07

9-3-7

52.08

9-3-8

52.09

9-3-9

52.10

9-3-10

52.11

9-4-1

53.01

9-4-2

53.02

9-4-3

53.03

9-4-4

53.04

9-4-5

53.05

9-4-6

53.06

9-4-7

53.07

9-4-8

53.08

9-4-9

53.09

9-4-10

53.10

9-4-11

53.11

9-4-12

53.12

9-4-13

53.13

9-4-14

53.15

9-4-15

53.99

9-5-1

50.08

9-5-2

50.08

9-6-1

50.09

10-1-1

150.01

10-1-2

150.02

10-1-3

150.03

10-1-4

150.04

10-1-5

150.05

10-1-6

150.06

10-1-7

150.07

10-1-8

150.99

10-2-1

151.01

10-2-2

151.02

10-2-3

151.03

10-2-4

151.04

10-3-1

151.15

10-3-2

151.16

10-3-3

151.17

10-3-4

151.18

10-3-5

151.19

10-3-6

151.20

10-3-7

151.21

10-3-8

151.22

10-4-1

151.35

10-5-1

152.01

10-5-2

152.02

10-5-3

152.03

10-5-4

152.04

10-5-5

152.99

10-6-1

153.30

10-7-1

151.50

10-7-2

151.51

10-7-3

151.52

10-7-4

151.53

10-8-1

153.01

10-8-2

153.02

10-8-3

153.03

10-8-4

153.04

10-8-5

153.05

10-8-6

153.06

10-8-7

153.07

10-8-8

153.08

10-8-9

153.09

10-8-10

153.10

10-8-11

153.11

10-8-12

153.12

10-8-13

153.13

10-8-14

153.14

10-8-15

153.15

11-1-1

154.01

11-1-2

154.02

11-1-3

154.03

11-1-4

154.04

11-1-5

154.05

11-1-6

154.06

11-1-7

154.07

11-1-8

154.08

11-1-9

154.09

11-1-10

154.10

11-2-1

154.25

11-2-2

154.26

11-2-3

154.27

11-2-4

154.28

11-2-5

154.29

11-2-6

154.30

11-2-7

154.31

11-2-8

154.32

11-2-9

154.33

11-2-10

154.34

11-2-11

154.35

11-2-12

154.36

11-2-13

154.37

11-2-14

154.99

12-1-1

157.001

12-1-2

157.002

12-1-3

157.003

12-1-5

157.004

12-2-1

157.015

12-2-2

157.016

12-2-3

157.017

12-2-4

157.018

12-2-5

157.019

12-2-6

157.020

12-2-7

157.021

12-2-8

157.022

12-2-9

157.023

12-2-10

157.024, 157.999

12-3-1

157.035

12-3-2

157.036

12-3-3

157.037

12-3-4

157.038

12-3-5

157.039

12-3-6

157.040

12-4-1

157.055

12-4-2

157.056

12-4-3

157.057

12-5-1

157.070

12-5-2

157.071

12-5-3

157.072

12-6A-1

157.085

12-6A-2

157.085

12-6A-3

157.085

12-6A-4

157.085

12-6A-5

157.085

12-6B-1

157.086

12-6B-2

157.086

12-6B-3

157.086

12-6B-4

157.086

12-6C-1

157.087

12-6C-2

157.087

12-6C-3

157.087

12-6C-4

157.087

12-6C-5

157.087

12-6D-1

157.088

12-6D-2

157.088

12-6D-3

157.088

12-6D-4

157.088

12-6D-5

157.088

12-6E-1

157.089

12-6E-2

157.089

12-6E-3

157.089

12-7-1

157.100

12-7-2

157.101

12-7-3

157.102

12-7-4

157.103

12-7-5

157.104

12-8-1

157.115

12-8-2

157.116

12-8-3

157.117

12-8-4

157.118

12-8-5

157.119

12-8-6

157.120

12-8-7

157.121

12-8-8

157.122

12-9A-1

157.135

12-9A-2

157.135

12-9A-3

157.135

12-9A-4

157.135

12-9B-1

157.136

12-9B-2

157.136

12-9B-3

157.136

12-9B-4

157.136

12-9C-1

157.137

12-9C-2

157.137

12-9C-3

157.137

12-9C-4

157.137

12-10A-1

157.150

12-10A-2

157.150

12-10A-3

157.150

12-10A-4

157.150

12-10A-5

157.150

12-10B-1

157.151

12-10B-2

157.151

12-10B-3

157.151

12-10B-4

157.151

12-10B-5

157.151

12-11-1

157.165

12-12-1

157.180

12-12-2

157.181

12-12-3

157.182

12-12-4

157.183

12-12-5

157.184

12-12-6

157.185

12-12-7

157.186

12-12-8

157.187

12-12-9

157.188

12-12-10

157.189

12-12-11

157.190

12-12-12

157.191

12-12-13

157.192

12-13-1

157.205

12-13-2

157.206

12-13-3

157.207

12-13-4

157.208

12-13-5

157.209

12-14-1

157.220

12-14-2

157.221

12-14-3

157.222

12-14-4

157.223

12-14-5

157.224

13-1-1

156.001

13-1-2

156.002

13-1-3

156.003

13-1-4

156.004

13-1-5

156.005

13-1-6

156.006

13-1-8

156.007

13-1-9

156.008

13-1-10

156.009

13-2-1

156.020

13-2-2

156.021

13-2-3

156.022

13-2-4

156.023, 156.999

13-3-1

156.035

13-3-2

156.036

13-3-3

156.037

13-3-4

156.038

13-3-5

156.039

13-4-1

156.050

13-4-2

156.051

13-4-3

156.052

13-4-4

156.053

13-5-1

156.065

13-5-2

156.066

13-5-3

156.067

13-5-4

156.068

13-5-5

156.069

13-5-6

156.070

13-5-7

156.071

13-5-8

156.072

13-5-9

156.073

13-6-1

156.085

13-6-2

156.086

13-6-3

156.087

13-6-4

156.088

Res. No.

Date Passed

Code Section

1997-2-1

3-10-1997

30.30

2022-001

7-26-2021

34.055 - 34.059

2022-003

8-9-2021

TSO I

Ord. No.

Date Passed

Code Section

-

- -

150.20

1996-4-4

4-23-1996

130.042

1996-5-2

5-28-1996

93.077

1996-6-1

6-25-1996

30.21

1996-7-2

7-23-1996

93.062

1996-8-3

8-26-1996

30.24

1996-8-4

8-26-1996

93.076

1996-9-2

9-23-1996

52.08

1996-10-2

10-28-1996

34.005, 34.999

1997-3-1

3-10-1997

30.24, 150.02, 150.06, 150.07, 150.99, 151.01 - 151.04, 151.15, 151.17 - 151.22, 151.35, 152.01, 152.02, 154.01 - 154.10, 154.25 - 154.37, 154.99, 156.001 - 156.009, 156.020 - 156.023, 156.035, 156.039, 156.050 - 156.053, 156.065 - 156.072, 156.999, 157.001 - 157.004, 157.015 - 157.024, 157.035 - 157.040, 157.055 - 157.057, 157.070 - 157.072, 157.085 - 157.089, 157.100 - 157.104, 157.115 - 157.122, 157.135, 157.136, 157.150, 157.151, 157.165, 157.180 - 157.181, 157.184 - 157.191, 157.205 - 157.209, 157.220 - 157.224, 157.999

1997-5-2

5-27-1997

31.07

1997-7-3

7-28-1997

115.01 - 115.13, 115.99

1997-8-1

8-11-1997

70.070

1998-1-1

1-12-1998

157.135

1998-4-3

4-27-1998

91.040 - 91.046, 91.999

1998-4-1

5-1-1998

111.25 - 111.32, 111.99

1998-4-2

5-26-1998

91.075 - 91.079

1998-7-1

7-13-1998

30.21

1998-12-1

1-26-1999

51.99

1999-4-1

4-28-1999

152.03, 152.04, 152.99

1999-12-2

12-27-1999

156.068

2000-4-1

4-10-2000

150.04, 156.073

2001-01-02

1-8-2001

157.135

2001-01-01

1-11-2001

157.136, 157.150

2001-2-02

2-26-2001

130.068

05-03-2001

5-29-2001

153.30

2001-07-02

8-13-2001

157.136, 157.151

2001-7-1

8-20-2001

157.101, 157.136, 157.150, 157.151, 157.188

2002-1-1

1-14-2002

156.022

2002-2-3

2-11-2002

93.010

2002-0004

6-25-2002

130.044

2002-0007

9-9-2002

70.115

2002-0009

10-28-2002

157.055, 157.135 - 157.137

2002-0011

11-25-2002

52.05

2002-0012

12-9-2002

11.02

2003-0001

1-27-2003

30.20

2003-0002

2- -2003

92.014

2003-0003

2-24-2003

30.20

2003-0004

3-10-2003

157.004, 157.085

2003-0006

4-14-2003

156.085 - 156.088, 157.055, 157.086

2003-0013

11-10-2003

157.183

2004-2

2-23-2004

93.076

2004-007

9-27-2004

93.077

2004-010

12-13-2004

157.085, 157.136

2005-003

7-25-2005

53.99

2005-004

8-22-2005

71.02

2006-004

8-28-2006

50.01, 50.03 - 50.08, 51.01, 51.03, 51.04, 51.06 - 51.10, 52.02, 52.04 - 52.10, 53.01 - 53.10, 53.12, 53.13, 53.15

2006-006

9-11-2006

52.05, 53.09, 53.11

2006-008

10-23-2006

32.017

2007-001

4-23-2007

50.05, 51.08

2007-003

7-23-2007

157.136

2008-001

2-11-2008

150.02 - 150.05, 151.02, 151.03, 151.16, 151.18, 151.50 - 151.53

2008-002

2-25-2008

32.017

2008-004

2-25-2008

93.078

2008-005

3-24-2008

157.004, 157.182

2008-006

11-10-2008

51.08

2008-007

12-22-2008

153.01 - 153.15, 153.30

2009-003

2-23-2009

130.046

2009-004

4-27-2009

50.04, 50.06, 50.08, 51.05 - 51.07, 52.07, 52.08, 53.11

2009-008

7-27-2009

157.192

2009-014

10-26-2009

73.06

2010-001

2-22-2010

51.02, 52.03

2010-002

3-22-2010

130.128

2010-003

4-12-2010

34.007, 32.017

2011-010

11-14-2011

91.042, 150.02, 157.121

2011-011-1

11-28-2011

50.09, 51.05, 52.07, 53.11

2013-001

3-11-2013

130.087

2013-003

4-22-2013

90.01 - 90.05

2013-005

11-12-2013

52.08, 53.11

2014-001

4-14-2014

50.07

2014-002

4-14-2014

72.05

2014-003

9-8-2014

50.05

2015-002

3-23-2015

157.101

2015-001

3-25-2015

52.01, 52.99

2015-004

6-8-2015

130.044

2015-005

6-8-2015

33.15 - 33.18, 33.99

2015-006

10-12-2015

92.065

2016-001

1-11-2016

TSO III

2016-004

5-23-2016

TSO III

2016-005

10-24-2016

TSO IV

2016-006

12-12-2016

TSO IV

2017-001

4-24-2017

TSO IV

2017-002

9-25-2017

TSO IV

2017-003

10-25-2017

53.14

2018-002

3-26-2018

TSO IV

2018-003

3-26-2018

157.135 - 157.137

2018-004

3-26-2018

51.07

2018-005

4-9-2018

50.05, 50.07

2018-006

4-23-2018

TSO IV

2018-009

6-28-2018

30.04

2018-008

7-23-2018

53.13

2018-010

10- -2018

112.01 - 112.05, 112.99

2018-011

10-8-2018

157.101, 157.135

2018-012

10-8-2018

157.102

2018-013

10-8-2018

33.19, 33.99

2018-015

10-8-2018

130.085 - 130.087

2018-016

10-8-2018

157.136

2019-001

3-25-2019

92.001, 92.065

2020-001

1-15-2020

150.02

2020-002

1-15-2020

112.05

2020-003

4-13-2020

111.07, 111.08

2020-004

6-22-2020

155.01 - 155.12, 155.25 - 155.28, 155.40 - 155.44, 155.99

2020-005

6-22-2020

53.13, 53.14

2020-006

10-12-2020

73.06

2020-007

11-9-2020

50.04

2020-008

11-9-2020

50.05

2022-010

6-27-2022

30.32

2022-011

6-27-2022

150.01

2022-013

6-27-2022

34.070

2023-002

9-26-2022

110.18

2023-003

9-26-2022

TSO II

2023-004

11-28-2022

30.24

2023-005

11-28-2022

51.04

2023-006

12-12-2022

110.06

2023-007

12-12-2022

110.08

2023-008

1-9-2023

91.077

2023-009

2-13-2023

71.02, 71.99

2023-010

2-13-2023

91.060 - 91.062, 91.999

2023-011

2-13-2023

157.208

TABLE I: AGREEMENTS
TABLE II: FRANCHISES
TABLE III: PROPERTY CHANGES
TABLE IV: ZONING CHANGES

Ord./Res. No.

Date Passed

Description

Res. 2022-003

8-9-2021

Executing an agreement to become a party to the Interlocal Agreement between the City of Harrah and the City of Mustang establishing the Oklahoma Municipal Management Services.

Ord./Res. No.

Date Passed

Description

2023-003

9-26-2022

Granting franchise to Vyve Broadband to maintain a cable communications system in the town

2026-014

6-22-2026

Granting franchise to COXCOM LLC, to construct, operate and maintain a cable system within the Town of Fort Gibson for a period not to exceed ten years. This Ordinance was declared an emergency.

HISTORY
Approved by Ord. 2026-014 on 6/22/2026

Ord./Res. No.

Date Passed

Description

2016-001

1-11-2016

Closing that portion of Wheeler Street between Locust Street and the Neosho Grand River lying between Block 37 and 38.

2016-004

5-23-2016

Closing a strip of land 20 feet wide situated in Lot 1 of Old Fort Plaza.

Ord./Res. No.

Date Passed

Description

2016-005

10-24-2016

Changing the zoning classification of Lot 5, Block 114, from R-1 Single-Family Dwelling, to C-1, Local Commercial.

2016-006

12-12-2016

Changing the zoning classification of 4.8 acres lying in and being a part of the SW quarter of the SE quarter of Section 12, Township 15 north, Range 19 east of the Indian Base and Meridian, from A-1 Agriculture to C-1 Local Commercial.

2017-001

4-24-2017

Changing the zoning classification of property located in the SW quarter of the SE quarter of the SE quarter of Section 12, Township 15 north, Range 19 east from A-1, Single-Family Dwelling, to C-2, General Commercial.

2017-002

9-25-2017

Changing the zoning classification of property located in the NW quarter of the NE quarter less the east 30 feet thereof and less the south 260 feet thereof in Section 12, Township 15 north, Range 19 east of the Indian Base and Meridian, from C-1, Local Commercial and R-1, Single-Family Dwelling, to C-1, Local Commercial in its entirety.

2018-002

3-26-2018

Changing the zoning classification of property located in the SE quarter of the SW quarter of the SE quarter and the south 152 feet of the NE quarter of the SW quarter of the SE quarter of Section 12, Township 15 north, Range 19 east of the Indian Base and Meridian, fromA-1, Agriculture to C-1, Local Commercial.

2018-006

4-23-2018

Changing the zoning classification of property located in the NW quarter of Section 13, Township 15 north, Range 19 east of the Indian Base and Meridian, from A-1 Agriculture and C-1, Local Commercial, to C-2, General Commercial.

ORD. NO

2027-004

8-24-2026

Changing the zoning classification of property located at 1374 S Ross St, Fort Gibson, Oklahoma from A-1, Agricultural District to C-1, Local Commercial District.

HISTORY
Approved by Ord. 2027-004 on 8/24/2026