Hominy City Ordinances

Part 1: General Provisions

PART 1

GENERAL PROVISIONS

CHAPTER 1

USE AND CONSTRUCTION OF THE CODE

SECTION 1-101        HOW CODE DESIGNATED AND CITED

The provisions embraced in the following Chapters and Sections shall constitute and be designated the “Code of Ordinances, City of Hominy, Oklahoma”, and may be so cited.

State Law Reference: Adoption and revision of Codes of Ordinances, 11 O.S. Sections 14-108, 14-109.

SECTION 1-102        RULES OF CONSTRUCTION

In the construction of this Code and of all Ordinances, the following rules are observed unless the construction would be inconsistent with the manifest intent of the Council:

  1. “Manager” see “City Manager;”
  1. “City” or “this City” shall be construed as if the words “of Hominy, Oklahoma,” followed them;
  1. “City Manager” means the City Manager of this City;
  1. “Council” or “City Council” mean the City Council of Hominy;
  1. “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;
  1. “County” or “this County” means the County of Osage, Oklahoma;
  1. “Gender”. A word importing one gender only shall extend and be applied to other genders and to firms, partnerships, and corporations as well;
  1. “Joint Authority”. All words giving “joint authority” to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers;
  1. “Law” includes applicable federal law, provisions of the Constitution and Statutes of the State of Oklahoma, the Ordinances of the City, and, when appropriate, any and all rules and regulations promulgated thereunder;
  1. “Mayor” means the Mayor of the City; see Also Section 2-103 of this Code on references to “Mayor”;
  1. “Month” means a calendar month;
  1. “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;
  1. “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;
  1. “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”;
  1. “Or, and”. “Or” may be read “and”, and “and” may be read “or”, if the sense requires it;
  1. “Other officials or officers, etc.” Whenever reference is made to officers, agencies or departments by title only, i.e., “Clerk”, “City Clerk”, “City Attorney”, “Fire Chief”, “Chief of Police”, etc., they shall mean the officers, agencies or departments of the City;
  1. “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 Mayor, lessee, agent, servant, officer or employee of any of them, unless a contrary intention plainly appears;
  1. “Preceding, following” means next before and next after, respectively;
  1. “Property” shall include real and personal property;
  1. “Signature or Subscription” includes a mark when a person cannot write;
  1. “State” or “this State” shall be construed to mean the State of Oklahoma;
  1. “Statutory references” means references to Statutes of the State of Oklahoma has they now are or as they may be amended to be;
  1. “Street” shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, highways, Courts, places, squares, curbs and all other public ways in the City which are dedicated and open to public use;
  1. “Tense”. Words used in the past or present tense include the future as well as the past and present;
  1. “Week” means seven (7) days; and
  1. “Year” means a calendar year.

SECTION 1-103        CATCH LINES OF SECTIONS; CITATIONS

The catch lines of Sections in this Code are printed in CAPITAL LETTERS and citations included at the end of Sections are intended to indicate the contents of the Section and original historical source respectively, and shall not be deemed or taken to be titles and official sources of such Sections; nor as any part of the Section, nor, unless expressly so provided, shall they be so deemed when any of the Sections, including the catch lines, or citations, are amended or re-enacted.

SECTION 1-104        EFFECT OF REPEAL OF ORDINANCES

  1. The repeal of an Ordinance shall not revive any Ordinances in force before or at the time the Ordinance repealed took effect.
  1. The repeal of an Ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, or an offense committed under the Ordinance repealed.

SECTION 1-105        SEVERABILITY OF PARTS OF THE CODE

It is hereby declared to be the intention of the Council that the Sections, Paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or Section of this Code or of any Ordinance in the Code shall be declared unconstitutional, illegal or otherwise invalid by the valid judgment or decree of a Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and Sections of this Code of Ordinances.

SECTION 1-106        AMENDMENT TO CODE; EFFECT OF NEW ORDINANCES; AMENDATORY LANGUAGE

  1. All Ordinances passed subsequent to this Code or Ordinances which amend, repeal or in any way affect this Code of Ordinances may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent Ordinances repeal any Chapter, Section or Subsection, or any portion thereof, the repeal portions may be excluded from this Code by omission from reprinted pages.
  1. Amendments to any of the provisions of this Code may be made by amending the provisions by specific reference to the Section of this Code in substantially the following language: “Be it ordained by the Mayor and City Council of the City of Hominy, Oklahoma, that Section _______ of the Code of Ordinances of the City of Hominy, Oklahoma, is hereby amended to read as follows:” (Set out new provisions in full.)
  1. When the Council desires to enact an Ordinance of a general and permanent nature on a subject not heretofore existing in the Code, which the Council desires to incorporate into the Code, a Section in substantially the following language may be made part of the Ordinance:

“Section _______ Be it ordained by the Mayor and City Council of the City of Hominy, Oklahoma, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Hominy, Oklahoma, and the Sections of this Ordinance may be re-numbered to accomplish this intention.”

  1. All Sections, Articles, Chapters, or provisions of this Code desired to be repealed may be specifically repealed by Section or Chapter number, as the case may be.

State Law Reference: Enactment of Ordinances, 11 O.S. Sections 14-104 to 14-106.

SECTION 1-107        ALTERING CODE

It is unlawful for any person to change or amend by additions or deletions any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with this Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby. Any person violating this Section shall be punished as provided in Section 1-108 of this Code.

SECTION 1-108        GENERAL AND SPECIFIC PENALTIES

  1. Except as otherwise provided by State law, whenever in this Code or in any Ordinance of the City an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in the Code or Ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, when no specified penalty is provided therefore, the violation of any provision of this Code or of any Ordinance, upon conviction, shall be punished by a fine and not exceeding Five Hundred Dollars ($500.00). Each day or any portion of a day during which any violation of this Code or of any Ordinance shall continue shall constitute a separate offense. (Ord. No. 2-2006; 05/15/06)
  1. Specific penalties for violations of specific provisions of this Code may be adopted by the City Council from time to time by Motion or Resolution. Such specific penalties as adopted or amended are adopted and incorporated herein by reference.
  1. Any persons who shall aid, abet or assist in the violation of any provision of this Code or any other Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in this Section.

State Law Reference: Maximum fine levied in Courts not of record Two Hundred Dollars ($200.00), 11 O.S. Section 14-111; fines over One Hundred Dollars ($100.00) to be set by jury trial, 11 O.S. Section 27-119.

SECTION 1-109        FINES RECOVERABLE BY CIVIL ACTION

All fines shall be recoverable by civil action before any Court of competent jurisdiction in addition to any other method provided by law.

SECTION 1-110        ORDINANCES IN EFFECT IN OUTLYING TERRITORY OF CITY

All Ordinances of the City now in effect within the City are hereby extended to all real property belonging to, or under the control of, the City outside the corporate limits of the City, and shall be in full effect therein, insofar as they are applicable. All Ordinances of the City which shall go into effect in the future, shall also apply to, and be in full effect within the boundaries of all outlying real property, insofar as they may be applicable. Any words in any Ordinance indicating that the effect of an Ordinance provisions is limited to the corporate limits of the City shall be deemed to mean and include also the outlying real property belonging to, or under the control of, the City, unless the context clearly indicates otherwise.

SECTION 1-111        OFFICIAL SEAL OF THIS CITY

The official seal of this City shall have in the center the coat of arms of this State, and in a circular band surrounding this device shall be the words, “City of Hominy, Osage County, Oklahoma.”

CHAPTER 2

CORPORATE AND WARD LIMITS

Section 1-201             Map of City Designated as Official Map.

Section 1-202             Ward Number and Boundaries.

SECTION 1-201        MAP OF CITY DESIGNATED AS OFFICIAL MAP

The map of the City showing its territorial limits is hereby designated as the official map of the City, and the corporate limits as shown thereon are declared to be the true and correct corporate limits of the City, including all annexations made to the City through and including the date of June 1, 1997.

SECTION 1-202        WARD NUMBER AND BOUNDARIES

The City is divided into four (4) wards as follows:

WARD NO. I

Price from North City Limits, South to Third Street, then East on Third to City Limits.

WARD NO. II

Price from North City Limits, South to First Street, then West on First Street to City Limits.

WARD NO. III

From First and Price Street intersection, West on First to City Limits and South on Price to Tenth, West on Tenth Street to City Limits.

WARD NO. IV

From Third and Price Street Intersection, East on Third Street to City Limits and South on Price to Tenth Street, West to Regan, South on Regan to Thirteenth Street, East on Thirteenth Street to City Limits.

State Law Reference: Review of wards after each federal census, 11 O.S. Section 20-101; establishment and number of wards, changing wards, 11 O.S. Sections 20-102 to 20-105.