Section 1-101 How code designated and cited.
Section 1-102 Rules of construction.
Section 1-103 Catchlines of sections; citations.
Section 1-104 Effect of repeal of ordinances.
Section 1-105 Severability of parts of code.
Section 1-106 Amendment to code; effect of new ordinances; amendatory language.
Section 1-107 Altering code.
Section 1-108 General and specific penalties.
Section 1-109 Fines recoverable by civil action.
Section 1-110 Ordinances in effect in outlying territory of city.
The provisions embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Holdenviile, Oklahoma", and may be so cited.
State Law Reference: Adoption and revision of codes 01 ordinances, It O.S. Sections 14-108, 14-109
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. "City" or "this city" shall be construed as if the words "of Holdenville Oklahoma followed them;
2. "Council" or "city council" mean the city council of Holdenville;
3. "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 "this county" means the County of Hughes, Oklahoma;
5. "Gender." A word importing one gender only shall extend and be applied
to other genders and to firms, partnerships, and corporations as well;
6. "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;
7. "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 there under;
8. "Mayor" means the mayor of the city;
9. "Month" means a calendar month;
10. "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;
11. "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;
12. "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";
13. "Or, and". "Or" may be read "and," and "and" may be read "or," if the
sense requires it;
14. "Other officials or officers, etc." Whenever reference is made to
officers, agencies or departments by titie 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;
15. "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;
16. "Preceding, following" means next before and next after, respectively;
17. "Property" shall include real and personal property;
18. "Signature or subscription" includes a mark when a person cannot write;
19. "State" or "this state" shall be construed to mean the State of Oklahoma;
20. "Statutory references" means references to statutes of the State of
Oklahoma as they now are or as they may be amended to be;
21. "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;
22. "Tense." Words used in the past or present tense include the future as
well as the past and present;
23. "Week" means seven (7) days; and
24. "Year" means a calendar year.
(Prior Code, Sees. 11-1 to 11-5 in part)
The catchlines of sections in this code are printed in CAPITAL LETTERS and citations included at the end of sections are intended to indicate the contents of the section and original historical source respectively, and shall not be deemed or taken to be titles and official sources of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of the sections, including the catchlines, or citations, are amended or re-enacted.
A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
B.The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending
at the time of the repeal, for an offense committed under the ordinance repealed.
. . .
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. (Prior Code, Sec. 11-7)
A. 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 repealed portions may be excluded from this code by omission from reprinted pages.
B. Amendments to any of the provisions of this code may be made by
amending the provisions by specific reference to the section of this code in
substantially the following language: "Be it ordained by the Mayor and City Council of
the City of Holdenville, Oklahoma, that section ________ of the code of ordinances
of the City of Holdenville, Oklahoma, is hereby amended to read as follows:" (Set out
new provisions in full.) ,. .
C. When the council desires to enact an ordinance of a general and
permanent nature on a subject not heretofore existing in the code, which the council
desires to incorporate into the code, a section in substantially the following language
may be made part of the ordinance:
"Section _______. Be it ordained by the Mayor and City Council of the City of Hoidenvilie, Oklahoma, that the provisions of this ordinance shall become and be made a part of the code of ordinances of the City of Holdenville, Oklahoma, and the sections of this ordinance may be re-numbered to accomplish this intention."
D. All sections, articles, chapters or provisions of this code desired to be
repealed may be specifically repealed by section or chapter number, as the case may
be.
State Law Reference; Enactment of ordinances, 11 O.S. Sections 1^-104 to 14-106.
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.
A. Except as otherwise provided by state law, whenever in this code or in any
ordinance of the city an act is prohibited or is made or declared to be unlawful or an
offense or a misdemeanor, or whenever in the code or ordinance the doing of any act is
required or the failure to do any act is declared to be unlawful, where no specific
penalty is provided therefor, the violation of any provision of this code or of any
ordinance, upon conviction, shall be punished by a fine of not exceeding One Hundred
Dollars ($100.00), including costs. Each day or any portion of a day during which any
violation of this code or of any ordinance shall continue shall constitute a separate
offense.
B. Specific penalties for violations of specific provisions of this code may be
adopted by the council and mayor from time to time by motion or resolution. Such
specific penalties as adopted or amended are adopted and incorporated herein by
reference.
C. 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 section. (Ord. No. 517, 7/1/75)
State Law Reference; Maximum fine levied in courts not of record $200.00, 11 O.S. Section 14-111; fines over $100.00 to be set by jury trial, U O.S. Section 27-119.
All fines shall be recoverable by civil action before any court of competent jurisdiction in addition to any other method provided by law.
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 provision 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. (Prior Code, Sec. 11-6)
Section 1-201 Map of city designated as official map.
Section 1-202 Ward number and boundaries.
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 May 1, 1985.
The city is divided into four Council Wards, the boundaries thereof as follows:
1. Ward Number One of the city consists of and include all that part of the
city north of Seventh Street and east of Broadway and Twelfth Avenue, extending north
from the intersection of Broadway and Twelfth Avenue and being bounded on the south
by Seventh Street, and on the west by Broadway and Twelfth Street (Avenue), and on
the north and east by the boundary line of the city as now established or as may
hereafter be extended;
2. Ward Number Two of the city consists of and includes all that part of the
city north of Seventh Street and west of Broadway and Twelfth Avenue from the
intersection of Broadway and Twelfth Avenue north, being bounded on the south by
Seventh Avenue or Street, on the east by Broadway and Twelfth Avenue, and on the
north and west by the boundary line of the city as now established or as hereafter may
be extended;
3. Ward Number Three of the city consists of and includes all that part of
the city south of Seventh Street (Avenue) and west of Broadway, being bounded on the
north by Seventh Street, on the east by Broadway and on the south and west by the
boundary line of the city as now established or as may hereafter be established or
extended; and
4. Ward Number Four of the city consists of and includes all that part of the
city south of Seventh Street and including Blocks 4 and 5 in the Hill Crest Addition to
the city and all that part of the city east of Broadway and including Blocks 3, 4 and 5 in
the Fream Addition to the city being bounded on the north by Seventh Street, on the
west by Broadway and on the south and east by the boundary line of the city as now
established or as may hereafter be extended.
(Prior Code, Sec. 22-1)
State Law Reference: Review of wards after each federal census, 11 O-S. Section 20-101; establishment and number of wards in aldermanic city, 11 O.S. Section 2-105, changing wards, 11 O.S. Sections 20-102 to 20-105.
CHAPTER 1 USE AND CONSTRUCTION OF THE CODE
SECTION 1-101 HOW CODE DESIGNATED AND CITED.
SECTION 1-102 RULES OF CONSTRUCTION
SECTION 1-103 CATCHLINES OF SECTIONS; CITATIONS.
SECTION 1-104 EFFECT OF REPEAL OF ORDINANCES.
SECTION 1-105 SEVERABIL1TY OF PARTS OF CODE.
SECTION 1-106 AMENDMENT TO CODE; EFFECT OF NEW ORDINANCES;
AMENDATORY LANGUAGE.
SECTION 1-107 ALTERING CODE.
SECTION 1-108 GENERAL AND SPECIFIC PENALTIES.
SECTION 1-109 FINES RECOVERABLE BY CIVIL ACTION.
SECTION 1-110 ORDINANCES IN EFFECT IN OUTLYING TERRITORY OF CITY.
CHAPTER 2 CORPORATE AND WARD LIMITS
SECTION 1-201 MAP OF CITY DESIGNATED AS OFFICIAL MAP.
SECTION 1-202 WARD NUMBER AND BOUNDARIES.
