CHAPTER 10 General Provisions — Town of Calera, Oklahoma

§ 10.01 Title Of Code

   (A)   The provisions embraced in the following chapters and sections shall constitute and be designated the “Code of Ordinances, Town of Calera, Oklahoma,” and may be so cited.
(Prior Code, § 1-101)
   (B)   When a change or changes have been prepared and inserted in the code as provided herein below, the words “as amended” may be added to the citation or title when referring to the code as amended.
Statutory reference:
   Adoption and revision of codes of ordinances, see 11 O.S. §§ 14-108 and 14-109

§ 10.02 Ordinances In Effect In Outlying Territory Of Town

   (A)   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 which is outside of the corporate limits of the town, 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.
   (B)   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 outlying real property belonging to or under the control of the town, unless the context clearly indicates otherwise.
(Prior Code, § 1-110)

§ 10.03 Interpretation

   Unless otherwise provided herein or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.

§ 10.04 Application To Future Ordinances

   All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code, unless otherwise specifically provided.

§ 10.05 Catchlines Of Sections; Citations

   The catchlines of sections in this code are printed in capital letters and bolded, and citations included at the ends 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 provided, shall they be so deemed when any of the sections, including the catchlines or citations, are amended or reenacted.
(Prior Code, § 1-103)

§ 10.06 Definitions

   (A)   General rule. 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.
   (B)   Definitions. For the purpose of this code, the following definitions apply unless the context clearly requires a different meaning.
      BOARD OF TRUSTEES or TOWN BOARD. The Board of Trustees of the Town of Calera.
      CODE, THE/THIS CODE, or THIS CODE OF ORDINANCES. This municipal code as modified by amendment, revision and adoption of new titles, chapters or sections.
      COUNTY or THE/THIS COUNTY. The County of Bryan, Oklahoma.
      JOINT AUTHORITY. All words giving JOINT AUTHORITY to three or more persons or officers shall be construed as giving authority to a majority of the persons or officers.
      LAW. Includes applicable federal law, provisions of the state constitution and state statutes, the ordinances of the town and, when appropriate, any and all rules and regulations promulgated thereunder.
      MAY. The act referred to is permissive.
      MAYOR. The Mayor of the town.
      MONTH. A calendar month.
      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.
      OTHER OFFICIALS or OFFICERS AND THE LIKE. Whenever reference is made to officers, agencies or departments by title only, such as “Clerk-Treasurer,” “Town Clerk-Treasurer,” “Town Attorney,” “Fire Chief,” “Police Chief” and the like, they shall mean the officers, agencies or departments of the town.
      PERSON. Shall extend and be applied to an actual person or any persons, to associations, clubs, societies, firms, partnerships and bodies politic and corporate and to the manager, lessee, agent, servant, officer or employee of any of them, unless a contrary intention plainly appears.
      PRECEDING; FOLLOWING. Next before and next after, respectively.
      PROPERTY. Shall include real and personal property.
      SHALL. The act referred to is mandatory.
      SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
      STATE or THE/THIS STATE. Shall be construed to mean the State of Oklahoma.
      STATUTORY REFERENCES. References to the statutes of the State of Oklahoma as they now are or as they may be amended to be.
      STREET. Shall be construed to embrace a street, avenue, boulevard, road, alley, lane, viaduct, highway, court, place, square, curb or any other public way in the town which is dedicated and open to public use.
      SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS.
      TOWN, THE/THIS TOWN, or MUNICIPALITY. The Town of Calera, Oklahoma.
      WEEK. Seven days.
      WRITTEN. Any representation of words, letters or figures, whether by printing or otherwise.
      YEAR. A calendar year.
(Prior Code, § 1-102)

§ 10.07 Rules Of Interpretation

   The construction of all ordinances of the town shall be by the following rules, unless the construction is plainly repugnant to the intent of the legislative body or the context of the ordinance.
   (A)   “And” or “or.” If the sense requires it, “and” may be read “or” and “or” may be read “and.”
   (B)   Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, the requisition shall be satisfied by the performance of the act by an authorized agent or deputy.
   (C)   Gender. A word importing one gender only shall extend and be applied to other genders, and to firms, partnerships and corporations as well.
   (D)   Singular and plural. 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.
   (E)   Tenses. Words used in the past or present tense include the future as well as the past and present.
   (F)   General term. A general term following a specific enumeration of terms is not to be limited to the class enumerated, unless expressly so limited.
(Prior Code, § 1-102)

§ 10.08 Severability

   It is hereby declared to be the intention of the Board of Trustees that the sections, divisions, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, division 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, then such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, divisions and sections of this code of ordinances.
(Prior Code, § 1-105)

§ 10.09 Reference To Statutes

   Reference to the statutes of the state means the statutes as they are now or as they may be amended, and a reference to the Oklahoma Statutes for a certain year also means the comparable provision when included in future codifications.

§ 10.10 Reference To Other Sections

   Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.

§ 10.11 Reference To Offices

   Reference to a public office or officer shall be deemed to apply to any office, officer or employee of the town exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

§ 10.12 Errors And Omissions

   If a manifest error is discovered consisting of the misspelling of any words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached or the use of a word or words when another word or words were clearly intended to express the intent, then the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

§ 10.13 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 town to be misrepresented thereby. Any person violating this section shall be punished as provided in § 10.99(A) of this chapter.
(Prior Code, § 1-107)

§ 10.14 Official Time

   The OFFICIAL TIME, as established by applicable state or federal laws, shall be the official time within the town for the transaction of all municipal business.

§ 10.15 Reasonable Time

   (A)   In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, REASONABLE TIME OR NOTICE shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.
   (B)   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.
(Prior Code, § 1-102)

§ 10.16 Ordinances Repealed

   (A)   All ordinances and parts of ordinances of a permanent and general nature passed prior to and in effect at the time this code is adopted but which are not included in the code are hereby repealed as of the time when the code goes into effect.
   (B)   Ordinances passed on or after that date shall not be repealed or amended by the adoption of this code.

§ 10.17 Ordinances Unaffected

   All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.

§ 10.18 Effective Date Of Ordinances

   (A)   All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided.
   (B)   Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided.

§ 10.19 Repeal Or Modification Of Ordinance

   (A)   (1)   All ordinances passed subsequent to this code which amend, repeal or in any way affect this code may be numbered in accordance with the numbering system of this code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, the repealed portions may be excluded from this code by omission from reprinted pages.
      (2)   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.
(Prior Code, § 1-106)
   (B)   Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.
   (C)   (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, for an offense committed under the ordinance repealed.
      (2)   The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
(Prior Code, § 1-104)
   (D)   When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision, unless it is expressly provided.

§ 10.20 Ordinances Which Amend Or Supplement Code

   (A)   Ordinances and parts of ordinances of a permanent and general nature passed or adopted on and after the most recent ordinance included in this code of ordinances may be passed or adopted either in the form of amendments to this code of ordinances or without specific reference to the code, but in either case, all ordinances and parts of ordinances shall be deemed amendments to the code and all of the substantive permanent and general parts of the ordinances and changes made thereby in the code shall be inserted and made in the code whenever authorized or directed by motion, resolution or ordinance of the Board of Trustees, as provided hereinafter.
   (B)   (1)   Amendments to any of the provisions of this code may be made by amending the provisions by specific reference to the section or sections of this code in substantially the following language.
Be it ordained by the Board of Trustees of the Town of Calera, Oklahoma, that Section _________ of the code of ordinances of the Town of Calera, Oklahoma, is hereby amended to read as follows: (set out new provisions in full).
 
      (2)   When the Board of Trustees desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in this code and which the Board desires to incorporate into this code, a section in substantially the following language may be made part of the ordinance.
Section _________ Be it ordained by the Board of Trustees of the Town of Calera, Oklahoma, that the provisions of this ordinance shall become and be made a part of the code of ordinances of the Town of Calera, Oklahoma, and the sections of this ordinance may be renumbered to accomplish this intention.
 
(Prior Code, § 1-106)

§ 10.21 Section Histories; Statutory References

(A) As histories for the code sections, the specific number and passage date of the original ordinance is listed following the text of a code section. Example: (Ord. 10, passed 5-13-1960; Ord. 15, passed 1-1-1970; Ord. 20, passed 1-1-1980; Ord. 25, passed 1-1-1985)

(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (11 O.S. § 1-402) (Ord. 10, passed 1-17-1980; Ord. 20, passed 1-1-1985)

(2) If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:

§ 39.01 PUBLIC RECORDS AVAILABLE.

This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.

Statutory reference:

Inspection of public records, see 51 O.S. §§ 24A.1 et seq.

(C) If a section of this code is derived from the previous code of ordinances of the town and subsequently amended, the Prior Code section number shall be indicated in the history by “(Prior Code, § 50.01).”

§ 10.99 General Penalty

   (A)   (1)   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, an offense or a misdemeanor, or whenever in this code or in any 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 not exceeding $500. 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)   A Municipal Court technology fee shall be and is hereby established in the amount of $15. The fee shall be in addition to and not in substitution for any and all costs, fees, fines or penalties otherwise provided for by law and assessed on every citation disposed of in the Municipal Court, except for those that are voided, declined for prosecution or dismissed without costs or where the defendant is acquitted. The revenues generated by this fee shall be used solely and exclusively for the acquisition, operation, maintenance, repair and replacement of data processing equipment and software relating to the administration of the municipal criminal justice system and the costs of prosecution.
      (3)   Any person who shall aid, abet or assist in the violation of any provision of this code or any other ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished as provided in this division (A).
(Prior Code, § 1-108)
   (B)   All fines shall be recoverable by civil action before any court of competent jurisdiction in addition to any other method provided by law.
(Prior Code, § 1-109)
(Ord. 2015-05, passed 11-10-2015)

CHAPTER 10 — General Provisions