Town Ordinances

CHAPTER 1

Section -101           How code Designated and Cited

The provisions embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, Town of Valley Brook, Oklahoma," and may be so cite.

State Law Reference : Adoption and revision of code of ordinances, 11 OK§ Sections 14-108 and 14-109

Section 1-102            Rules of Construction,

In the construction of this code and of all ordinances, he following rules are observed unless the constitution would be inconsistent with the manifest intent of the board of trustees:

1.    "Board of trustees" or " town board" means the board of trustees of the Town of Valle Brook;

2.     "Computation of time" Whenever a notice is required to be given or an act to be done a certain length of time before any proceedings shall be had, the day on which the notice is given or the act is done shall be continued in computing the time but the day on which the proceeding is to shall net be counted;

3.     " County" or "this county" means the County of Oklahoma, Oklahoma;

4.      "Gender" A word importing only one gender shall extend and be applied to other genders and to firms, partnerships, and corporations as well;

5. "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;

6.  "Law" includes applicable federal law, provisions of the Constitution and statues of the State of Oklahoma, the ordinances of the town, and, when appropriate, any and all rules and regulations promulgated thereunder;

7. "Mayor" means the mayor of the town;

8.  "Month" means a calendar month;

9.  "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;

10.  "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;

11. "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;"

12. "Or, and." "Or" may be read "and," and "and" may be read "or," if the sense requires it; 

13. "Other officials or officers, etc." Whenever reference is made to officers, agencies or departments by title only, i.e. "clerk-treasurer," "town clerk-treasurer," "town attorney," "fire chief," "chief of police," etc. they shall mean the officers, agencies or departments of the town;

14.  "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;

15.  "Preceding, following" meaning next before and next after, respectively;

16. "Property" shall include real and personal property;

17.  "Signature or subscription'' includes a mark when a person cannot write;

18.  "State" or "this state" shall be construed to mean the State of Oklahoma;

19.  "Statutory references" means references to statures of the State of Oklahoma as they now are or as they may be amended to be;

20. "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 town which are dedicated and open to public use;

21.  "Tense." Words used in the past or present tense include the future as well as the past and present;

22.  "Week" means seven (7) days;

23.  "Town" means the Town of Valley Brook; and

24.  "Year" means a calendar year.

SECTION 1-103       CATCHLINES OF SECTIONS; CITATIONS.

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.

SECTION 1-104         EFFECT OF REPEAL OF ORDINANCES.

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.

SECTION 1-105            SEVERABILITY OF PARTS OF CODE.

It is hereby declared to be the intention of the board of trustees 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

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 Board of Trustees of the Town of Valley Brook, Oklahoma, that Section _____ ________of the code of ordinances of the Town of Valley Brook, Oklahoma, is hereby amended to read as follows:"(Set out new provisions in full.)

C. When the board of trustees desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the code, which the board 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 Board of Trustees of the Town of Valley Brook, Oklahoma, that the provisions of this ordinance shall become and be made a part of the code of ordinances of the Town of Valley Brook, Oklahoma, and the sections of this ordinance may be renumbered to accomplish this intention."

D. All sections, articles, chapters or provisions of this code desired to be repealed may r"' be specifically repealed by section or chapter ·number, as the case may be. 

State Law Reference: Enactment of ordinances, 11 OK§ Sections 14-103 et seq.

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 town 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.

A. Except as otherwise provided by State Law, whenever in this code, or in any ordinance of the Town, and act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever, in the Code or Ordinances, 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 any other ordinance, on conviction, shall be punished by a fine of not exceeding two hundred and no/100 dollars ($200.00) for traffic ·related offenses relating to speeding or parking, and seven hundred fifty and no/100 ($750.00) for all other offenses, or sixty ( 60) days imprisonment, 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.

B. Fines for specific violations of this code shall correspond to and be the same as the bond schedule as provided in Section 6-126 for the specific offenses indicated in Section 6-126, provided that the town board may, from time to time, amend or establish specific fines for violation specific provisions of this code. The schedule shall be available on file in the office of the town clerk-treasurer.

C. Any person who shall aid, abet or assist in the violation of any provision of this code or any other ordinances shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in this section. (Amended 1988)

State Law Reference: Maximum fine levied in courts not of record, $200.00, 11 OK§ Section 14-111. Maximum fine levied without jury trial, $100.00, 11 OK§ Section 27-119. Maximum fine levied by court with non-lawyer judge, $50.00, 11 OK§ Section 27-119.

Cross Reference: See also Ordinance Table for listing of ordinances setting fines. See also Section 6-126 for bond schedule on specific offenses.

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 OUTFLYING TERRITORY OF TOWN.

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 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. Any words in any ordinances 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.

CHAPTER 2

CORPORATE AND WARD LIMITS

Section 1-201 Map of town designated as official map.

Section 1-202 Ward boundaries.

SECTION 1-201 MAP OF TOWN DESIGNATED AS OFFICIAL MAP.

The map of the town showing its territorial limits is hereby designated as the official map of the town, and the corporate limits as shown thereon are declared to be the true and correct corporate limits of the town, including all annexations made to the town through and including the date of October 1, 1986.

Cross Reference: See Ordinance Table for ordinances annexing property to the town as  well as those vacating or closing streets.

SECTION 1-202             WARD BOUNDARIES.

The city is divided into five (5) wards as follows:

1. Ward One consists of: Beginning at the intersection of SE 61st Street and Cox Avenue and proceeding West on SE 61st Street to Crossroads Blvd., thence South to the back lot line of lot 12 of SE 64th Street, thence East to North Camille Avenue to the back lot line of lot 10 SE 63rd Street, thence East to Cox Avenue, thence North on Cox Avenue to point of beginning;

2. Ward Two consists of: Beginning at the center line between Cox A venue and Anderson Drive on SE 63rd Street and proceeding Southwest to the Southeast comer of lot 2 of Cox Avenue, thence East to Eastern Avenue, thence North to SE 59th Street Drive, thence West to Joe's Drive, thence South to Anderson Drive, thence South on Anderson Drive to SE 63rd Street, thence West to point of beginning;

3. Ward Three consists of: Beginning at the intersection of SE 63rd Street and Cox Avenue and proceeding Southwesterly to the back lot of lot 1 of SE 63rd Street, thence West along the back lot line to Camille A venue, thence South on Camille to the back lot line of lot 1 of SE 64th Street, thence West to Crossroads Blvd., thence South to the Southwest comer of lot 9 of SE 64th Street, thence East to the Center line between Cox Avenue and Anderson Drive, thence Northeast along the center line to SE 63rd Street, thence West to point of beginning;

4. Ward Four consists of: Beginning at the intersection of Cox Avenue and SE 6l5t Street and proceeding Westerly to Crossroads Blvd., thence North to SE 59th Street, thence East to Cox Avenue, thence South on Cox Avenue to SE 59th Street Drive, East on SE 59th Street Drive to the center line between Cox Avenue and Jack's Drive, thence South to the Southeast Comer of lot 9 on Cox A venue, thence West to the point of origin; and

5. Ward Five consists of: Beginning at the intersection of SE 59th Street and Cox Avenue and proceeding East on 59th Street to Eastern Avenue, thence South to SE 59th Street Drive, thence West to the intersection of SE 59th Street Drive and Joe's Drive, thence South to the intersection of SE 61 st Street and Cox A venue, thence East on the boundary line of lots 9 & 10 of Cox Avenue to the SW Comer oflot 9 thence North on the center line between Cox Avenue and Jack's Drive to SE 59th Street Drive, thence West to Cox Avenue, thence North to point of Beginning.

State Law Reference: Review of wards after each federal census, 11 OK§ Section 20-101; establishment and number of town wards, 11 OK§ Section 2-105 changing wards, 11 OK§ Sections 20-102 to 20-105.

SECTION 2-101           GENERAL POWERS.

A. Pursuant to the provisions of Section 12-101 of Title 11 of the Oklahoma Statues, the town shall have 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 trustee's form of government, or, if the manner is not prescribed, then in such manner as the board of trustees may prescribe.

B. The powers, rights and authorities of the town, including the determination of matters of policy, shall be vested in and exercised by the exercised by the board of trustees. 

State Law Reference: Town form of government, 11 O.S. Section 12-101.

SECTION 2-102         BOARD OF TRUSTEES.

A. The board of trustees shall consist of five (5) members who shall be nominated by ward.

B. The term of office for a trustees shall be four (4) years beginning at 12:00 noon on the second Monday following the general municipal election. The trustee shall serve until his 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; and

2. Clerk-treasurer. 

At the next general municipal election, the following officers are to be elected for four-year terms:

1. Trustee from Ward Two and Four.

C. 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.

State Law Reference: Governing board, 11 OK§ Sections 12-102, 12-103; Terms of office, 11 OK§ Section 8-102; Elections, 11 OK§ Section 16-205; Vacancies in office of trustee, 11 OK§ Section 8-109; Election of board at large and not by ward, 11 OK§. Section 12-102.1.

Ed. Note: In 1987, Trustees 1, 3 and 5 and clerk-treasurer are elected. In 1989, Trustees 2 and 4 are elected.

SECTION 2-103      MEETINGS OF THE TOWN BOARD.

A. The board of trustees shall meet regularly on the second Tuesday of each month at 7:00 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. Special meetings may be called by the mayor or any three (3) trustees. 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.

B. Every meeting of the board of trustees shall be held in the town hall unless, in case of an emergency, the major designates another place in the town for the holding of a special meeting. Any adjourned meeting maybe held at any other place within the town designated by the board.

State Law Reference: Meetings of trustees, 11 O.S. Section 12-107; Open meeting and notice requirements, 25 O.S. Section 301-314.

SECTION 2-104       RULES OF ORDER AND PROCEDUER.

A. 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 ( 1/2) of all meetings of the board, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease hold office.

B. The order of business for each meeting of the board may be as posted on the agenda for the meeting.

C. The following rules of procedure shall apply to any regular or special meeting of the board unless three (3) 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;

entertained unless

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 be seconded and stated by the mayor. It is then not until then in possession of the board and cannot be withdrawn but by leaving the board;

4. A motion to adjourn shall be in order at any time, except as follows:

A. When repeated without intervening business or discussion;

B. When made as an interruption of a member while speaking;

C. When the previous question has been ordered; or

D. While a vote is being taken.

A motion to adjourn is debatable only as to the time to which the meeting is adjourned;

5. When a question is under debate, no motion shall be received but:

A. To adjourn;

B. To lay on the table;

C. For the previous question;

D. To postpone to a day to a day certain;

E. To commit;

F. To amend; or

G. To postpone indefinitely,

which several motions shall have precedence in the order they stand arranged;

6. When a proper motion is made, but information is wanted, the motion is to postpone to a day certain;

7. 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 the committee, the motion is to refer to a committee, but if it need but a few and simple amendments, the board shall proceed to consider and amend at once;

8. On an amendment's being moved, a member who has spoken on the main question may speak again to the amendment;

9. 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

10. 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.

SECTION 2-105        TRUSTEES MAY BE DESIGNATED TO PERFORM DUTIES.

The board of trustees may designate various ones of its members or a committee of its members 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 subordinated to the board. One or more trustees may also be appointed as part-time police for the town.

SECTION 2-106        TOWN ELECTIONS CONDUCTED BY COUNTY ELECTION BOARD

A. Pursuant to Sections 16-302 of Title 11 of the Oklahoma Statutes, the town hereby declares that it shall not be governed by the Oklahoma Town Meeting Act as a means of electing its officers and deciding initiative and referendum questions.

B. The town shall hereby elect its officers and decide initiative and referendum questions through elections conducted by the county election board pursuant to Sections 16-101 et seq. of Title 11 of the Oklahoma Statutes. (Added 1989)

CHAPTER2

SECTION 2-201   ELECTION AND DUTIES OF THE MAYOR.

A. The board of trustees shall elect from among its members a mayor, to serve until the end of such trustee's term, or until a vacancy occurs in the office of such trustee. The mayor shall serve until his successor has been elected and qualified.

B. 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 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, duties and responsibilities of a trustee, including the right to vote on questions.

C. The board shall also elect from among its members a vice-mayor to serve until the first meeting after the time prescribed for the beginning of the terms of newly elected trustees or as soon thereafter as possible. The vice-mayor shall serve as mayor during the vacancy is filled.

D. During the absence, disability or suspension of the mayor and vice-mayor, the board shall elect from among its members an acting mayor.

E. When a vacancy occurs in the office of the mayor or vice-mayor, the board shall elect another mayor or vice-mayor from among its members to serve for the duration of the unexpired.

State Law Reference: Election of town mayor, acting mayor, 11 O.S. Sections 12-104, 12-105.

CHAPTER 3

SECTION 2-301 TOWN CLERK-TREASURER, DUTIES.

A. The town clerk-treasurer is an elected official of the town, elected for a four-year term.

B. The clerk-treasurer shall:

1. Keep the journal of the proceedings of the board;

2. Enroll in a book kept for that purpose all ordinances and resolutions passed by the board;

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 ordinances;

5. Maintain accounts and books to show where and from what source all moneys paid to him have been derived and to whom and when any moneys have been paid:

6. Deposit daily funds received for the town in depositories as the board may designate; and

7. Have such other powers, duties and functions as may be prescribed by law or ordinance.

C. The clerk-treasurer's books and accounts shall at all times be subject to examination by the board.

D. The town clerk-treasurer shall have the power to appoint various deputy clerk-treasurers as a deputy town clerk-treasurer. Such deputies shall or shall not be bonded depending upon the discretion of the board of trustees.

State Law Reference: Clerk duties, 11 OK§ Section 12-109; Vacancies, 11 OK§ Section 8-109; Town treasurer duties, 11 OK§ Section 12-110; Designation of county treasurer as town treasurer, 19 OK§ Section 645.

Ed. Notes: Ord. No. 1979-8 consolidated the position of clerk and treasurer beginning with the four-year term in May, 1979. The ordinance also set bond and salary.

SECTION 2-302      TOWN ATTORNEY, APPOINTMENT AND DUTIES.

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 appointment, 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 shall perform all services incident to his position which may be required by law or ordinance.

SECTION 2-303         HEALTH OFFICER.

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.

SECTION 2-304 OTHER PERSONNEL, APPOINTMENTS, REMOVALS.

A. The board of trustees may appoint such other officers and employees as it deems desirable and may determine their compensation by motion or resolution, and may demote, suspend, lay off or remove all such personnel in compliance with due process and other requirements of law.

B. 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 (10) days, demoted or removed may appeal in writing to the town board. The appeal must be filed with the town clerk-treasurer for transmittal to the board to the board within ten (10) 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 practicable thereafter, the board shall conduct a hearing on the appeal, or give an adequate opportunity thereof, 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 not proper, 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 the written statement, hearings and procedures required in this section.

SECTION 2-305         BONDS.

The board shall require the town clerk-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. The town may require the officer to secure the bond within ten (10) days after his election or appointment.

State Law References: Officers' bonds, 11 OK§ Section 8-105.

SECTION 2-306            SALARIES OF ELECTED OFFICIALS.

A. The salaries of Valley Brook elected officials, as provided in Section 2-306 of the Valley Brook Code of Ordinances is hereby established as follows:

Mayor: $760.00

Vice-Mayor: $510.00

Each Trustee: $510.00

Treasurer: $310.00

Town Clerk:    As established by the Town of Valley Brook by resolution from time to time.

B. The pay period for the board of trustees and the clerk-treasurer of the town shall be monthly. (Amended 1993)

State Law Reference: Compensation of town elected officers, 11 OK§ Section 12-113; increasing salary during term, Oklahoma Constitution, Art. 23, Section 10.

Cross Reference: See ordinance table for ordinances setting salaries.

SECTION 2-307 COMPENSATION OF EMPLOYEES, NUMBER AND CLASSES OF PERSONNEL.

A. 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.

B. Except as the law provides otherwise, the board of trustees may determine or regulate the number and classes of officers and employees.

SECTION 2-308       SALARIES OF CERTAIN OFFICERS NOT TO BE CHANGED AFTER ELECTION OR APPOINTMENT.

In no case shall the salary or emoluments of any town officer elected or appointed for a define term, be charged after his election or appointment or during his 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.

SECTION 2-309       OATHS.

A. All officers of the town, but not employees, are required to take the oath or affirmation of office prescribed by the state constitution before they enter upon their duties.

B. Both officers and employees are currently required to take and subscribe to the loyalty oath prescribed by state law.

SECTION 2-310            OFFICERS TO CONTINUE UNTIL SUCCESSORS ARE ELECTED AND QUALIFY.

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

SECTION 2-311            APPOINTMENT OF PERSONNEL IN EMERGENCIES.

The mayor may, in an emergency situation, appoint such other officers and employees as he may deem necessary to protect the health, safety and welfare of the citizens of the town during the existence of the emergency, subject to the approval of 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. For the purposes of 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.

SECTION 2-312        NEPOTISM.

It is unlawful for any elected or appointed official or other authority of the municipal government to appoint or elect any person related to any governing body member, or to himself, or in the case of a plural authority to any one of its members, by affinity or consanguinity within the third degree, to any office or position of profit in the municipal government. This provision shall not prohibit an officer or employee already in the service of the municipality from continuing and being promoted therein. Except as otherwise provided by law or ordinance, the same person may hold more than one

CHAPTER 4

SECTION 2-401        DECLARATION OF POLICY TO COME UNDER COVERAGE.

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 At and all amendments thereto, and Sections 121 et seq. of Title 51 of the Oklahoma Statutes. 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.

State Law Reference: Social security coverage for local government, 51 OK§ Section 125.

SECTION 2-402       EXECUTION OF AGREEMENT WITH STATE AGENCY.

The mayor is authorized and directed to execute all necessary agreements and amendments with the State Department of Human Service to accomplish the provisions of Section 2-401 of this code.

SECTION 2-403        WITHHOLDINGS.

Withholdings from salaries or wages of employees and officials for the purposes provided in Section 2-401 of this code 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.

SECTION 2-404       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.

SECTION 2-405 RECORDS AND REPORTS.

The town clerk-treasurer 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.

SECTION 2-406 EXCLUSIONS.

Excluded from this chapter authorized 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.

CHAPTER 5

SECTION 2-501         DISPOSITION OF MUNIPAL RECORDS.

A. The town board of trustees, or its designated representative, 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. One year: parking citations may be destroyed or otherwise permanently disposed of one year after the date of issuances;

2. Two (2) years:

a. Municipal court warrants, water, sewer, garbage and utility receipts and statements, which have been previously audited;

b. Miscellaneous petitions and letters addressed to the governing body on matters other than pertaining to the items hereinafter set forth;

c. Utility billing ledger or register;

d. Utility cash receipts ledger or register;

e. Utility accounts receivable ledger or register; and

f. Fire run contracts may be destroyed or otherwise disposed of two

(2) years after their expiration;

3. Five ( 5) years

a. Successful and unsuccessful bids for the purchase or furnishing of equipment, material and improvement;

b. Claims that have been denied;

c. License applications;

d. Bonds;

e. Special, primary and general election payrolls;

f. Election tabulations and returns;

g. Withholding statements;

h. Garnishments records;

1. Traffic tickets and receipts;

J. Bond receipts and fine receipts;

k. Information and complains;

1. Court dockets;

m. Paid general obligation and revenue bonds;

n. Paid street improvement, sewer and sidewalk district bonds;

o. Warrants;

p. Claims;

q. Checks;

r. Vouchers;

s. Purchase orders; and

t. Payrolls;

4. Ten (10) years:

a. Inspection records;

b. Inventories;

c. Appropriation ledgers;

d. Sidewalk assessment records, except payment records; and

e. Cash receipt book or register for the general fund, the street and alley fund, any bond or sinking fund or sinking fund and all other trust funds that have been audited; and

5. Fifteen (15) years: sewer and improvement district records, except payment records;

B. None of the above-mentioned records, paper or documents pertaining to pending litigation shall be disposed of until such litigation is finally terminated. This section shall not be construed to authorize or allow the destruction of any testing laboratory results or the inspection records of public improvements of the town. (Added 1987)

CHAPTER 6

SECTION 6-101        EFFECTIVE DATE.

This chapter is adopted to reflect certain prov1s1ons of the final Code Section Regulations. This chapter is effective for limitation years and plan years that begin more than 90 days after the close of the first regular legislative body with authority to amend the Plan that begins on or after July 1, 2007, except as otherwise provided herein.

SECTION 6-102           SUPERSEDING OF INCONSISTENT PROVISIONS.

This chapter supersedes the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this chapter.

SECTION 6-103      CONSTRUCTION.

Except as otherwise provided in this chapter, any reference to "Section" in this chapter refers only to sections within this chapter, and is not a reference to the Plan. The Article and Section numbering in this chapter is solely for purposes of this chapter, and does not relate to any Plan article, section or other numbering designations.

SECTION 6-104         EFFECT OF RESTATEMENT OF PLAN.

If the town restates the Plan, then this chapter shall remain in effect after such restatement unless the provisions in this chapter are restated or otherwise become obsolete ( e.g., if the Plan is restated onto a plan document which incorporates the final Code §415 Regulation provisions).

ARTICLE ||

SECTION 6-201 EFFECTIVE DATE.

The provisions of this Article II shall apply to limitation years that begin more than 90 days after the close of the first regular legislative session of the legislative body with authority to amend the Plan that begins on the after July 1, 2007.

SECTION 6-202 ACTUAL COMPENSATION PAID AFTER SEVERANCE FROM EMPLOYMENT.

Actual Compensation shall be adjusted, as set forth herein, for the following types of compensation paid after a Participant's severance from employment with the town maintaining the Plan (or any other entity that is treated as the town pursuant to Code § 414(b), (c), (m) or (o)). However, amounts described in subsections (a) and (b) below may only be included in Actual Compensation to the extent such amounts are paid by the later of 2 1 /2 months after severance from employment or by the end of the limitation year that includes that date of such severance from employment. Any other payment of compensation paid after severance of employment that is not described in the following types of compensation is not considered Actual Compensation within the meaning of Code § 415(c)(3), even if payment is made within the time period specified above.

(a) Regular pay. Actual Compensation shall include regular pay after severance of

employment if:

(1) The payment is regular compensation for services during the participant's regular working hours, or compensation for services outside the participant's regular working hours (such as overtime or shift differential), commissions, bonuses, or other similar payments; and

(2) The payment would have been paid to the participant prior to a severance from employment if the participant had continued in employment with the Employer.

(b) Leave cashouts and differed compensation. Leave cashouts shall not be included in Actual Compensation. Further, differed compensation shall not be included in Actual Compensation.

( c) Salary continuation payments for military service participants. Actual Compensation does not include payments to an individual who does not currently perform ~ service for the Employer by reason of qualified military service ( as that term is used in Code § 414(u)(l)).

(d) Salary continuation payments for disabled Participants. Actual Compensation does not include compensation paid to a participant who is permanently and totally disabled ( as defined in Code§ (e)(3)).

SECTION 6-203        ADMINISTRATIVE DELAY {"THE FIRST FEW WEEKS"} RULE.

Actual Compensation for a limitation year shall not include amounts earned but not paid during the limitation year solely because of the timing of pay periods and pay dates.

SECTION 6-204          INCLUSION OF CERTAIN NONOUALIFIED DEFERRED COMPENSATION AMOUNTS.

If the Plan's definition of Compensation for purpose of Code § 415 is the definition in Regulation Section 1.415( c )-2(b) (Regulation Section 1.415-2( d)(2) under the Regulation in effect for limitation years beginning prior to July 1, 2007) is not used, then Actual Compensation shall include amounts that are includible in the gross income of a Participant under the rules of Code § 409A or Code § 457(f)(l)(A) or because the amounts are constructively received by the Participant.

SECTION 6-205          DEFINITION OF ANNUAL ADDITIONS.

The Plan's definition of "annual additions" is modified as follows:

(a) Restorative payments. Annual additions for purpose of Code § 415 not include restorative payments. A restorative payment is a payment made to restore losses to a Plan resulting from actions by a fiduciary for which there is reasonable risk of liability for breach of a fiduciary duty under federal or state law, where participants who are similarly situated are treated similarly with respect to the payments. Generally, payments are restorative payments only if the payments are made in order to restore some or all of the plan's losses due to an action (or a failure to act) that creates a reasonable risk of liability for such a breach of fiduciary duty ( other than a breach of fiduciary duty arising from failure to remit contributions to the Plan). This includes payments to a plan made pursuant to a court-approved settlement, to restore losses to a qualified defined contribution plan made pursuant to a court-approved settlement, to restore losses to a qualified defined contribution plan on account of the breach of fiduciary duty ( other than a breach of fiduciary duty arising from failure to market fluctuations and other payments that are not made on account of a reasonable risk of liability for breach of a fiduciary duty are not restorative payments and generally constitute contributions that are considered annual additions.

(b) Other Amounts. Annual additions for purposes of Code§ 415 shall not include:

(1) The direct transfer of a benefit or employee contributions from a qualified plan to this Plan;

(2) Rollover contributions (as described in Code §§ 40l(a)(31), 402(c)(l), 403(a)(4), 403(b)(8), 408(d)(3), and 457(e)(16));

(3) Repayments of loans made to a participant form the Plan; and

(4) Repayments of amounts described in Code § 415( (3), as well as Employer restorations of benefits that are required pursuant to such repayments.

( c) Date of tax-exempt Employer contributions. Notwithstanding anything in the Plan to the contrary, Employer contributions are treated as credited to a participant's account for a particular limitation year only if the contributions are actually made to the plan no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable, depending on the basis on which the Employer keeps its books) with or within which the particular limitation year ends.

SECTION 6-206       CHANGE OF LIMITATION YEAR.

The limitation year may only be changed by a Plan amendment. Furthermore, if the Plan is termination effective as of a date other than the last day of the Plan's limitation year, then the Plan is treated as if the Plan had been amended to change its limitation year.

SECTION 6-207          EXCESS ANNUAL ADDITIONS.

Notwithstanding any provision of the Plan to the contrary, if the annual additions (within the meaning of Code § 415) are exceeded for any participant, then the Plan may only correct such excess in accordance with the Employee Plans Compliance Resolution System (EPCRS) as set forth in Revenue Procedure 2006-27 or any superseding guidance, including, but not limited to, the preamble of the final § 415 regulations.

SECTION 6-208       AGGREGATION AND DISAGGREGATION OF PLANS.

(a) For ·purpose of applying the limitations of Code § 415, all defined contribution plans (without regard to whether a plan has been has been terminated) ever maintained by the town ( or a "predecessor Employer") under which the participant receives annual additions are treated as one defined contribution plan. The "Employer" means the adopts this Plan and all members of a controlled group or an affiliated service group that includes the Employer (within the meaning of Code §§ 414(b), (c), (m) or (o)), except that for purposes of this Section, the determination shall be made by applying Code§ 415(h), and shall take into account tax-exempt organizations under Regulation Section 1.414(c)-S, as modified by Regulation Section 1.415(a)- 1 (f)(l ). For purposes of this Section:

(1) A former employer is a "predecessor employer" with respect to a participant in a plan maintained by an employer by an employer if the employer maintains a plan under which the participant had accrued a benefit while performing services for the former employer, but only if that benefit is provided under the plan maintained by the employer. For this purpose, the formerly affiliated plan rules in Regulation Section 1.41 S(f)-1 (b )(2) apply as if the employer and predecessor employer constituted a single employer under the rules described in Regulation Section 1.415(a)-l(f)(l) and (2) immediately prior to the cessation of affiliation ( and as if they constituted two, unrelated employers under the rules described in Regulation Section l.415(a)-l(f)(l) and (2) immediately after the cessation of affiliation) and cessation of affiliation was the event that ~ gives rise to the predecessor Employer relationship, such as a transfer of benefits or plan sponsorship.

(2) With respect to an employer of a participant, a former entity that antedates the employer is a "predecessor Employer" with respect to the participant if, under the facts and circumstances, the Employer constitutes a continuation of all or a portion of the trade or business of the former entity.

(b) Break-up of an affiliate employer or an affiliated service group. For purposes of aggregating plans for Code § 415, a "formerly affiliated plan" of an employer is taken into account for purposes of applying the Code § 415 limitations to the employer, but the formerly affiliated plan is treated as if it had terminated immediately prior to the "cessation of affiliation." For purposes of this paragraph, a "formerly affiliated plan" of an employer is a plan that, immediately prior to the cessation of affiliation, was actually maintained by one or more of the entities that constitute the employer ( as determined under the employer affiliation rules described in Regulation Section 1.415 ( a )-1 ( f)( 1) and (2) ), and immediately after the cessation of affiliation, is not actually maintained by any of the entities that constitute the employer ( as determined under the employer affiliation rules described in Regulation Section l.415(a)-l(f)(l) and (2)). For purposes of this paragraph, a "cessation of affiliation" means the event that causes an entity to no longer be aggregated with one or more other entities as a single employer under the employer affiliation rules described in Regulation Section 1.415(a)-l(f)(l) and (2) (such as the sale of a subsidiary outside a controlled group), or that causes a plan to not actually be , maintained by any of the entities that constitute the employer under the employer affiliation rules  of Regulation Section l.415(a)-l(f)(l) and (2) ( such as a transfer of plan sponsorship outside of a controlled group).

( c) Midyear Aggregation. Two or more defined contribution plans that are not required to be aggregated pursuant to Code§ 415(f) and the Regulation thereunder as of the first day of a limitation year do not fail to satisfy the requirements of Code § 415 with respect to a participant for the limitation year, provided that no annual additions are credited to the participant's account after the date on which the plans are required to be aggregated.

SECTION 6-301     COMPENSATION PAID AFTER SEVERANCE FROM EMPLOYMENT.

Compensation for purposes of allocations (hereinafter referred to as Plan Compensation) shall be adjusted in the same manner as Actual Compensation pursuant to Article II of this chapter, except in applying Article II, the term "limitation year" shall be replaced with the term "plan year" and the term "Actual Compensation" shall be replaced with the term "Plan Compensation."

SECTION 3-101       PURPOSES OF CHAPTER.

This chapter is enacted as an exercise of the police power of the town to preserve the public peace, safety, health and good order thereof, and to aid the enforcement of the policy of the state as established by the Oklahoma Alcoholic Beverages Control Act, Sections 501 et seq. of Title 3 7 of the Oklahoma Statues, and to establish annual occupation taxes upon all persons  engaged in the manufacture, sale or distribution of alcoholic beverages.

SECTION 3-102           TERMS AND PHRASES.

For the purpose of this chapter, all of the terms and phrases used in this chapter shall be given the same use and meaning as defined by the Oklahoma Alcoholic Beverages Control Act. "Minor" means a person who, in accordance with state law, has not yet attained the age at which consumption of alcoholic beverages is permitted. "State licensee" means any person who holds a license issued under authority of the Oklahoma Alcoholic Beverage Control Act.

SECTION 3-103             OCCUPATION TAX.

A. There is hereby levied an annual tax not to exceed the amounts indicated below upon the occupations named:

1. Brewer                   $1,250.00;

2. Distiller                                           3,125.00;

3. Winemaker                                      625.00;

4. Oklahoma wine maker                75.00;

5. Rectifier   3,125.00;

6. Wholesaler   2,500.00;

7. Class B wholesaler   625.00;

8. Package store   200.00;

9. Mixed Beverage   1,000.00 initial;

   900.00 initial;

10. Caterer 1,000.00 initial;

  900. 00 initial;

11. Special Event, per day 50.00.

B. The occupation taxes prescribed herein shall be reduced or prorated to the extent necessary to conform to applicable laws respecting the applicants or holders of state licenses.

C. The license fee for those service organizations which are exempt under Section 501 ( c) ( 19) of the Internal Revenue Code for mixed beverage or bottle club licenses shall be Five Hundred Dollars ($500.00) per year. 

State Law Reference: Town license fees, not to levy greater than state licenses, 37 OK§ Section 518.

SECTION 3-104         WHEN DUE AND POSTING.

A. Any state licensee originally entering upon any occupation herein listed shall pay the tax therefor at the office of town clerk-treasurer of the town on or before the date upon which he enters upon such occupation. The licensee shall provide a copy of his current state license before payment of an occupation tax will be accepted. All occupation taxes shall expire on June 30 of each year.

B. Any state licensee carrying on his occupation in more than one location within the town limits of the town shall be subject to the tax set out for each such location.

C. Upon payment of the occupation tax as set out, the town clerk-treasurer shall issue a receipt to the state licensee which licensee shall post in a conspicuous place on the premises wherein he carries on his occupation. The town clerk-treasurer shall also record the name of such licensee and the address where he engages in his occupation and such records shall be duly filed and kept in the permanent files of that office for at least three (3) years. Thereafter, upon approval of the governing body of the town, the records may be destroyed.

D. The town clerk-treasurer shall make and transmit to the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission an annual report covering the fiscal year showing the number and class of business upon which occupation taxes were levied, and the amount of money collected from such taxes

SECTION 3-105         PAYMENT REQUIRED.

Any person who engages in any of the occupations taxed by this chapter without first paying the occupation tax imposed therefor in advance of such operation in guilty of an offense against the tow, and upon conviction thereof shall punished as provided in Section 1-108 of this code. A penalty in the form of increased tax may be levied upon any person not paying the tax within fifteen ( 15) days after it is due.

SECTION 3-106        CIVIL PENALTY.

All sums due from any person, firm or corporation by reason of occupation taxes imposed by this chapter shall be recoverable at the suit of the town brought against such person in any court of competent jurisdiction. In such suit, in addition to the tax, the town shall be allowed to recover interest at the maximum allowable rate permitted by state law upon all sums due by way of tax, from the date of accrual thereof, any penalty, and all costs of collection, judicial or otherwise, including reasonable attorney's fees. Prosecution for an offense against the town arising out of failure to pay a tax levied by this chapter, regardless of the outcome or its continued pendency, shall not constitute a defense or a bar in any manner to the collection of any tax and penalties, if any are due, as herein provided.

SECTION 3-107        APPLICATION FOR CERTIFICATE, INVESTIGATIONS.

A. Every applicant for a certificate of compliance with the zoning, fire, health and safety codes of the town required by Title 3 7 of the Oklahoma Statutes shall apply at the office of the town clerk-treasurer by:

1. Filing a written application on forms prescribed by that office; and

2. Paying a verification and certification fee in the amount as set by the board of trustees at the time of filing.

B. Upon receipt of an application for a certificate of compliance the town 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.

C. The town clerk-treasurer or this designee ·shall act on all such act on all such applications within twenty (20) days of receipt thereof. State Law References: Certificates issued by town prior to state licensing, 37 OK§ Section 523.

SECTION 3-108           ISSUANCE OF CERTIFICATE OF ZONING AND CERTIFICATE OF COMPLIANCE.

A. 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.

B. 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.

C. The above certificates of compliance shall be signed by the mayor or the town clerk-treasurer or his designee.

D. 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 Subsections A and B of this section shall be issued within ten ( 10) days after all final inspections are complete.

SECTION 3-109         CONDITION OF SALE.

A. No person shall sell or deliver alcoholic beverages out of any retail alcoholic beverage store other than:

1. In retail containers;

2. At ordinary room temperatures;

3. In the original package; and

4. For consumption off the premises.

B. No person owning, employed in, or in any matter 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.

SECTION 3-110      CONSUMPTION PROHIBITED, WHERE.

No person shall drink or consume in any matter any alcoholic beverage on the premises of a retail alcoholic beverage package store, nor in any other public place. Neither shall a person open or break the seal of any original package or retail container containing alcoholic beverages on the premises of any such retail beverage store.

SECTION 3-111       COMPLIANCE REQUIRED.

No person shall sell at retail or otherwise, and no person shall deliver, in consequence of or in completion of such a sale, any alcoholic beverages at any place in the town except at a retail alcoholic beverage store in strict conformity with this chapter and the laws of the state.

SECTION 3-112       COMPLIANCE WITH ZONING REGULTIONS REQUIRED.

No retail alcoholic beverage package store, no bottle club, and no wholesale alcoholic beverage store, warehouse, brewery, distillery, winery or any other place, however described, and for the manufacture or production or bottling of alcoholic beverages of any kind, shall be located, maintained, or operated by any person, at any place within the boundaries of the town except at a location at which such an established is permitted or authorized by the zoning ordinances of the town. No person shall own, operate, maintain or be interested in any retail alcoholic beverage store which is located at a place within the town limits of the town which is in violation of or forbidden as a location by the town or under the laws of the state.

State Law Reference: Similar provisions, 37 O.S. Section 534.

SECTION 3-113         PROHIBITED LOCATION.

The location of a retail package store, mixed beverage established or bottle club is specifically prohibited within three hundred (300) feet from any church property primarily and regularly used for worship services and religious activities, or public school. If any such church, or school, shall be established within three hundred (300) feet of any licensed premises after such premises have been licensed, this shall not be a bar to the renewal of such license so long as it has been in continuous force and effect. The distance indicated in this section shall be measured from the nearest property line of such church or school to the nearest public entrance door of the premises of such package store, mixed beverage establishment or bottle club along the street right of-way line providing the nearest direct route usually traveled by pedestrians between such points. For purposes of determining measured distance, property situated on the opposite side of the street from such church or school shall be considered as if it were located on the same side of the street with such church or school.

State Law Reference: Similar provisions, 37 O.S. Section 518.2.

SECTION 3-114         PROHIBITED SALES.

A. No person shall knowingly sell, deliver or furnish alcoholic beverages, at any place within the town limits of the town to any person who is a minor. Neither shall any minor misrepresent his age verbally or in writing, or present false documentation of age or otherwise for the purpose of inducing any other person to sell him alcoholic beverages.

B. No person shall sell, deliver or knowingly furnish alcoholic beverage or beverages within the town to an intoxicated person or to any person who has been adjudged insane or mentally deficient.

SECTION 3-115        TRANSPORTING BEVERAGES.

It is unlawful to transport any alcoholic beverage, unless the same is:

1. In an unopened original container with seal unbroken, and the original cap or cork not removed from the container; or

2. In the trunk or other closed compartment or container out of public view and out of reach of and not accessible to the diver or any occupant of a vehicle.

SECTION 3-116           PROHIBITED EMPLOYMENT.

No minor shall be employed in the selling, manufacture, distribution or other handling of alcoholic beverages at any place within the town. No person shall employ or assist or aid in causing the employment of any minor at any place within the town in the selling, manufacture, distribution or other handling of alcoholic beverages. No minor shall be permitted to remain within or to loiter about the premises of a retail alcoholic beverages store. Violation of this provision shall subject the owner or proprietor, as well as the underage person, to prosecution.

SECTION 3-117          DATES, HOURS ON WHICH SALE PROHIBITED.

A. 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 beverages store in the town on any Sunday, New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day or Christmas Day, or while the polls are open on the day of any general, primary, run-off primary or special election, whether national, state, county, or town, or any other day except between the hours of 10:00 A.M. and 9:00 P .M.

B. No wholesale dealer in alcoholic beverages, and no officer, agent or employee of

such a dealer shall sell or deliver to any retail alcoholic beverages 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 Veteran's Day, on Thanksgiving Day, on Christmas Day, or, while the polls are open on the day of any general,  primary, run-off primary, or special election, whether national, state, county or town.

SECTION 3-118       DRINK.ING AND INTOXICATION IN PUBLIC PLACE PROHIBITED.

No person shall drink intoxicating liquor in any public place, nor shall any person be intoxicated in public place within this town.

SECTION 3-119        NOT TO PERMIT INTOXICATED PERSON IN CAFE, CLUB.

No person operating a café, restaurant, club, or any place of recreation within this town, and no employee engaged in connection with the operation of such a café, restaurant, club or place of recreation shall permit any person to be drunk or intoxicated in the place of business.

SECTION 3-120        PENALTY.

Any and each violation of any of the provisions of this chapter is an offense against the town, and, upon conviction of such an offense the violator shall be punished as provided in Section 1-108 of this code.

Chapter 2

Low-Point Beer

SECTION 3-201     DEFINITIONS.

In the administration of this chapter, the following words and phrases are given the meanings respectively indicated:

1. "Minor" means a person who, according to state law, has not yet attained the age at which consumption of low-point beer is permitted under state law;

2. "Low-point beer" means all beverages containing more than one-half of one percent (.5%) alcohol by volume and less than three and two-tenths present (3.2%) alcohol by weight;

3. "Place of business" means each separate location or service unit in which or form which nonintoxicating alcoholic beverages are sold, delivered or otherwise furnished; and

4. "Retail dealer" means and includes any person who sells any non- intoxicating alcoholic beverages as defined herein for consumption or use and not for resale.

State Law Reference: See 37 OK§ Sections 163.l et seq. for definitions and regulations applicable to low-point beer.

SECTION 3-202          HOURS OF SALE.

It is unlawful for any owner, firm, person, operator, corporation, proprietor, or manager

of any beer tavern, beer garden, beer hall, tap room or any other premises or place in which the principal business is that of selling low-point beer for consumption on the premises to barter, sell, dispense or otherwise furnish non-intoxicating beverages for consumption on the premises of his place of business between the hours of 2:00 A.M. Sunday and 12:00 noon on Sunday, or between the hours of2:00 A.M. to 7:00 A.M. on any other day. (Amended 1993)

State Law Reference: Similar provisions, 37 OK§ Section 213. Alcoholic Beverages

SECTION 3-203           LICENSE FEES.

There is hereby levied on each retail dealer in low-point beer within the two selling such beverages for consumption on or off the premises of the dealer's place of business, a license fee of Twenty Dollars ($20.00) per annum, and on each retail dealer selling such beverages exclusively in original packages ( of not less than case lots) and not for consumption on his premises, a license fee Ten Dollars ($10.00) per annum. A separate license fee shall be paid for each place of business, as herein defined, operated and conducted by the retail dealer.

State Law Reference: State license fee, town not to levy greater fee, 37 OK§ Section 163.7.

SECTION 3-204          LICENSE REQUIRED.

A. It is unlawful and an offense for any person to sell, distribute or dispense within the town and low-point beer to public for consumption or use without first having obtained a license therefor from the town clerk-treasurer. Every person desiring to engage in business as a retail dealer in low-point beer or to continue in the business within the town shall make application to the town clerk-treasurer on forms to be provided, setting forth the locations of the business, together with the applicant's address, and if a corporation, the name of the president and managing officer. The application shall show the date and permit number of the permits issued by the district court judge and the Oklahoma Tax Commission as required by law.

B. Upon a showing that the applicant has obtained his permits from the district court judge and the Oklahoma Tax Commission and after payment of the license fee to the town, such license shall be issued forthwith. All licenses shall expire on June 30 of each year. Licenses issued hereunder shall not be assignable or transferable, and the fee shall not be pro-rated for part of the year. The town licenses shall be displayed in the licensee's place of business. The license may be cancelled for any violation of the laws of the state for which the licensee's county or state license may be cancelled, and in a similar manner.

C. It is unlawful and an offense for any person to sell, distribute or dispense within the town any low point beer to the public for consumption in a patio area connected to and adjacent to a licensed premises for the sale of on-site low point beer to sell low point beer in such patio area without obtaining a license therefore from the Town Clerk and then only under the following conditions:

1. No access to the patio area shall be allowed except through the main permanent premises of the licensed premises.

2. The patio shall be surrounded on all sides by a site-proof fence or enclosure of no less than six ( 6) feet in height.

3. Bands and outside music shall be permitted only on Friday and Saturday evenings and no later than midnight.

4. If a band is performing a special permit shall be required for each day such activity occurs.

5. No dance performances by employees of the licensed club shall occur on any portion of the patio, but rather shall be confined to the main permanent premises of the license premises.

6. Any patio activity shall be conducted in such a manner as to not unreasonably disturb the peace and tranquility of the surrounding neighborhood.

7. All other ordinances of the Town of Valley Brook shall remain applicable to all activity on the patio area, except as amended herein.

SECTION 3-205        NOT TO SELL TO MINORS.

It is unlawful for any person to sell, offer, five away, procure for, barter or otherwise dispense to any minor any low-point beer, or for any minor to purchase, receive, or procure any low-point beer.

SECTION 3-206         POSSESSION BY MINORS.

A. "Possession" under the terms of this chapter shall consist of actual physical possession and shall further include any nonintoxicating alcoholic beverage or beer accessible or within the range of reach of hands of any such person.

B. It is unlawful for any minor to be employed or permitted to work in any capacity whatsoever in the separate or enclosed bar area of a place where the main purpose of the area is the sale or consumption of low point beer. This sub-section shall not apply to any place which has as its main purpose some objective other than the sale or serving of low point beer, and which sales or service of low point beer are incidental to the main purpose.

C. It is unlawful for any owner, manager, operator, employee or service provider of a place where low point beer or alcoholic beverages are sold, or served for consumption on the premises, to not have readily accessible proof of age in the form of a photo ID issued by a governmental entity, or such other photo ID readily verifiable as authentic, or such other entity as the municipality may approve by resolution from time to time, which identification must clearly show the age of the person to whom the ID was issued.

State Law Reference: Similar provisions, 37 OK§ Section 243.

SECTION 3-207           RESTRICTIONS ON EMPLOYMENT OF PERSONS UNDER EIGHTEEN (18) AND REQUIREMENT OF PHOTO ID.

A. It is unlawful for any owner, manager, operator, employee or contract service provider, to include performer, of a place where low point beer or other alcoholic beverages are sold for consumption on the premises, to employ or contract for a person under eighteen (18) years of age to work in such place; and it is further unlawful for any such person under eighteen (18) years of age to work or contract for in such place. This sub-section shall not apply to any licensed premises where sale of low point beer does not exceed 25% of the gross sales of the licensee.

B. It is unlawful for any minor to be employed, to contract to provide services, or to be permitted to work in any capacity whatsoever in the separate or enclosed bar area of a place where the main purpose of the area is the sale or consumption of low point beer. This subsection shall not apply to any place which has as its main purpose some objective other than the n sale or serving of low point beer, and which sales or service of low point beer are incidental to V the main purpose.

C. It is unlawful for any owner, manager, operator, employee or service provider of a place where low point beer or alcoholic beverages are sold, or served for consumption on the premises, to not have readily accessible proof of age in the form of a photo ID issued by a governmental entity, or such other photo ID readily verifiable as authentic, or such other entity as the municipality may approve by resolution from time to time, which identification must clearly show the age of the person to whom the ID was issued.

SECTION 3-208            NOT TO PERMIT MINORS TO FREQUENT BARS, EXCEPTIONS.

A. The owner of any bar, beer hall, tavern, or other place wherein any low-point beer is dispensed for consumption on the premises shall not permit any minor to be admitted to, enter or to remain in a separate enclosed bar area of the licensed premises which has as its main purpose the selling or serving of low-point beer for consumption on the premises unless the person's legal guardian or parent is present, nor shall any minor enter or remain about such separate or enclosed bar area.

B. This section shall not prohibit minors from being admitted to, entering or remaining in an area which has as its main purpose some objective other than the scale or serving  of low-point beer, in which sales or serving of low-point beer are incidental to the main purpose, if the minors are not sold or served or do not consume low-point beer.

State Law Reference: Similar provisions, 37 O.S. Sections 241, 246.

SECTION 3-209 UNLAWFUL TRANSPORTATION OF LOW-POINT BEER.

It is unlawful for any person knowingly to transport in any moving vehicle upon a public street or alley, or any public way within this town any low-point beer unless it is:

1. In the original container which shall not have been opened and from which the original cap or seal shall not have been removed; or

2. If it is an opened container, the opened container is in the rear trunk or rear compartment, which shall include the spare tire compartment in a station wagon or panel truck, or any outside compartment which is not accessible to the driver or to any other person in the vehicle while it is in motion.

SECTION 3-210          PROHIBITED LOCATION.

It is unlawful for any place licensed to sell low-point beer for on-premise consumption to be located within three hundred (300) feet from any public school or church property primarily and regularly used for worship services and religious activities. If any public school or church shall be established within three hundred (300) feet of any place which sells low-point beer for on- premise consumption after such place has been licensed, this shall not be a deterrent to the renewal of such license so long as there has not been a lapse of more than sixty ( 60) days. The distance indicated in this section shall be measured from the nearest property line of such public school or church to the nearest public entrance door of the premises of any place licensed to sell such low-point beer for on- premise consumption along the street right-of-way line providing the nearest direct route usually traveled by pedestrians between such points. For purposes of determining measured distance, property situated on the opposite side of the street from such public school or church shall be considered as if it were located on the same side of the street with the school or church. The above restrictions shall not affect premises already licensed as of the initial effective date of this section to sell low-point beer for on-premise consumption or premises which may presently or in the future be licensed to sell low-point beer for on-premise consumption even though a school or church is subsequently established within three hundred (300) feet of such licensed premises.

State Law Reference: Similar provisions, 37 O.S. Section 163.24.

SECTION 3-211        PENALTY.

Any and each violation of any of the provisions of this chapter is an offense against the town, and, upon conviction of such an offense the violator shall be punished as provided in Section 1-108 of this code.

CHAPTER3

PREVENTION OF YOUTH ACCESS TO TOBACCO ACT

SECTION 3-301          INCORPORATION OF STATE STATUTES AND DEFINITIONS.

The Prevention of Youth Access To Tobacco Act, 37 O.S. Supp. 1996, § 600.2, et seq. is hereby incorporated by reference, and the following definitions are hereby established:

1. "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or association, however formed;

2. "Proof of age" means a driver license, license for identification only, or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid;

3. "Sample" means a tobacco product distributed to members of the public at no cost for the purpose of promoting the product;

4. "Sampling" means the distribution of samples to members of the public in a public place; and

5. "Tobacco product" means any product that contains tobacco and is intended for human consumption.

SECTION 3-302. SELLING OR FURNISHING TOBACCO PRODUCTS.

A. It is unlawful for any person to sell or furnish in any manner ant tobacco product to another person who is under eighteen ( 18) years of age, or to purchase in any manner a tobacco product on behalf of any person. Provided, however, that it shall not be unlawful for an employee under eighteen (18) hears of age to handle such products when required in the performance of the employee's duties.

B. A person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under eighteen (18) years of age.

C. When a person violates subsection A or B of this section, the Valley Brook Municipal Court shall assess such person an administrative fine of Twenty-five Dollars ($25.00) for the first offense within a one-year period, Fifty Dollars ($50.00) for the second offense within a one-year period, and Seventy-five ($75.00) for a third offense or subsequent offense within a one-year period. 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 subsection.

D. 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.

E. Upon failure of the employee to pay the administrative fine within ninety (90) days of the day of the assessment of such fine, the Court Clerk shall notify the Department of Public Safety and the Department shall suspend or not issue a driver license to said employee until proof of payment had been furnished to the Department of Public Safety.

F. For purposes of determining the liability of a person controlling franchises or business operations in multiple locations for any violation of subsection A or B of this section, each individual franchise or business location shall be deemed a separate entity.

SECTION 3-303.        POSSESSION OF TOBACCO PRODUCTS BY MINORS.

A. It is unlawful for a person who is under eighteen (18) years of age to purchase, accept receipt of, or have in their possession a tobacco product, or to present or offer to any person any person any purported proof of age which is false, fraudulent, or not actually his or her own, for purpose of purchasing or receiving any tobacco product. Provided, however, that it shall not be unlawful for such a person to handle such tobacco product when required in the performance of such person's duties.

B. When a person violates subsection A of this section, the Valley Brook Municipal Court shall assess such person an administrative fine of Twenty-five Dollars ($25.00) for a first offense within a one-year period, and an administrative fine of Fifty Dollars ($50.00) for second or subsequent offense within a one-year period. Upon failure of the individual to pay such administrative fine within ninety (90) days of the day of such fine, the Court Clerk shall notify the Department of Public Safety and the Department shall suspend or not issue a driver license to said individual until proof of payments has been furnished to the Department of Public Safety.

SECTION 3-304.          DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS.

A. It shall be unlawful for any person to distribute to tobacco products samples to any person under eighteen ( 18) years of age.

 B. Notwithstanding subsection A of this section, no person shall distribute tobacco  products 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 persons under eighteen (18) years of age.

C. When a person violates subsection A or B of this section, the Valley Brook Municipal Court shall assess such person an administrative fine of Twenty-five Dollars ($25.00) for first offense within a one-year period, Fifty Dollars ($50.00) for a second offense within a one-year period, and Seventy-five dollars ($75.00) for a third offense or subsequent offense within a one-year period.

D. Upon failure of the individual to pay the administrative fine within ninety (90) days of the assessment of such fine, the Court Clerk shall notify the Department of the Public Safety, and the Department shall suspend or not issue a driver license to said individual until proof of payment has been furnished to the Department of Public Safety.

SECTION 3-305.        CIGARETTES IN ORIGINAL SEALED PACKAGE.

A. It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer.

B. When a person violates subsection A of this section, the Valley Brook Municipal Court shall assess such person an administrative fine of Two Hundred Dollars ($200.00) for each offense.

ARTICLE A

GENERAL PROVISIONS

SECTION 4-160        DEFINITIONS.

The following words and phrases when used in this chapter shall have the meanings prescribed in this section except in those cases where the context clearly indicates a different meaning:

1. "Animals" means any horse, mule, donkey, pony, cow, sheep, goat, hog, dog, cat, rabbit, chicken, goose, duck, turkey, or other animal or fowl;

2. "At large" means:

a. Not securely confined by a fence or other means on premises under the control of, or occupied by, the owner; or

b. Not under the control of the owner, a member of his immediate family over twelve (12) years of age or an agent of the owner, by leash, whether on the owner's premises or not;

3. "Owner" means 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 (10) days or more, shall be deemed to be harboring or keeping the animal; and

4. "Vicious animal" means an animal which has bitten, or attempted to bite, any person without undue provocation, or which attacks, or barks or growls at the acts as if it intends to attack or bite, or bites a person or persons, when not unduly provoked.

SECTION 4-102 ANIMALS NOT TO BE AT LARGE.

No owner shall permit any animal, owned, harbored or kept by him to be a large within the town. It is unlawful for any animal as provided in this section to be at large at any time within the town.

SECTION 4-103         TURNING ANIMALS AT LARGE UNLAWFUL.

It is unlawful for any person to open any enclosure in which 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 property without the consent of the person owning or controlling such property.

SECTION 4-104       PASTURING IN PUBLIC AREAS ILLEGAL.

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 property without the consent of the person owning or controlling such property.

SECTION 4-105      ANIMALS WHICH DISTURB PROHIBITED.

It is unlawful for any person to keep or harbor within the town any dog or other animal who by barking, howling or otherwise, disturbs the peace and quiet of any person. The keeping of such an animal is hereby declared a nuisance.

SECTION 4-106     BUILDING FOR ANIMALS, LOCATION.

A. Every building or structure wherein any animal is kept, if located within two hundred (200) feet of any apartment house, hotel, restaurant, boarding house, retail food store, building used for educational, religious or hospital purpose 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 water-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 such receptacle.

B. No building or structure wherein animals are kept shall be maintained closer than forty ( 40) feet to any apartment house, hotel, restaurant, boarding house, retail food store, building used for educational, religious or hospital purpose or residence other than that occupied by the owner or occupant of the premises upon which such animal is kept.

SECTION 4-107        MANURE.

Manure shall be hauled outside the town in a manner which does not jeopardize the public health, or else shall be spread evenly upon the ground and turned under at once or as soon as the weather permits.

SECTION 4-108       TO BE KEPT CLEAN.

Every place or building wherein an animal is kept or permitted to be shall be maintained in clean and sanitary condition, devoid of rodents and vermin and free from objectionable odors.

SECTION 4-109       HEALTH OFFICER TO INSPECT.

The health officer or police chief, upon complaint of any person, shall inspect any structure or place where an animal is kept, and may do so on his own initiative. He may issue any such reasonable order as he 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. He 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.

SECTION 4-110        LIMITATION ON NUMBER OF DOGS AND CATS.

No person shall own, keep, posses, harbor or allow to remain on his premises more than three (3) dogs and three (3) cats over three (3) months of age; provided that this section shall be subject to the same exceptions contained in Section 4-130. (Added 1987)

SECTION 4-111       KEEPING OF WILD, EXOTIC OR DANGEROUS ANIMALS.

A. For the purpose of this section, a wild, exotic or dangerous animal means an animal of the large 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.

B. 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 section.

C. This section shall not be construed to apply to zoological parks or zoos, performing animal exhibitions or circuses licensed by the town.

D. 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 to other animals and that the animal is healthy, safe and tame as a pet, then the town clerk-treasure may issue a permit to the owner to keep such animal in the town limits. The permit shall be renewed annually. The fee shall be set by the town board of trustees. For any animal so permitted as provided in this subsection, 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 for the owner of the animal by submitting written evidence to the police department. No permit shall be granted by the clerk treasurer unless written approval to the evidence submitted by the owner is submitted to the clerk treasurer in advance.

E. 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. (Added 1995)

Cross Reference: See also Section 4-180 of this chapter on vicious animals.

ARTICLE   B

     DOG AND CAT VACCINATION AND HEALTH

SECTION 4-120     DOGS AND CATS TO BE VACCINATED.

The owner or keeper of any dog or cat of three (3) months of age or older within the town limits shall have the dog or cat vaccinated against rabies by a licensed veterinarian every calendar year. Owners shall affix, to the collar or harness of each vaccinated dog or cat a metal disc with sufficient information thereon that the vaccination certificate covering the animal may be readily traced.

SECTION 4-121       VICIOUS DOG MY BE KILLED.

Any person may kill a dog in self-defense or in defense of another when the dog, without undue provocation, bites him or the other, or attacks, or attempts to bite or attack, him or the other in such manner that an ordinarily prudent person would be led to believe that the person toward whom the efforts of the dog are directed is about to be bitten or otherwise physically harmed.

SECTION 4-122         DOGS MUZZLED AND CATS CONFINED.

A. When the health officer determines and certifies that a dog, cat or other animal in the town or within five (5) 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 muzzled when at large within the town, 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 date following such publication unless the resolution prescribes a later time.

B. While such resolution is in effect, it is unlawful for any owner to permit an unmuzzled dog or cat to be at large in violation of such resolution, or for any such dog or a cat to n be at large in violation thereof. 

SECTION 4-123         RABIES CONTROL AND PRODEDURES.

A. Every animal that bites or scratches a person shall be reported within four ( 4) hours to the chief of police or the animal control officer and shall thereupon be securely quarantined at the town animal shelter or a veterinary hospital, all at the owner's expense, for a period often (10) days, and shall not be released from such quarantine except by permission of the health officer of the town and a licensed veterinarian hospital chosen by the owner if the owner agrees to pay for the quarantine in advance. Failure of the owner to quarantine his animal will make him guilty of an offense.

B. In the case of stray animals, or in the case of animals whose ownership is not known, such quarantine shall be at the animal shelter.

C. The owner, upon demand by an employee empowered to enforce this chapter, shall forthwith surrender any animal that has bitten or scratched a human, or which is suspected as having been exposed to rabies, for supervised quarantine, the expenses for which shall be borne by the owner and the animal may be reclaimed by the owner if adjudged free of rabies. 

D. When an animal under quarantine has been diagnosed as being rabid, or suspected  by a licensed veterinarian as being rabid, and dies while under such observation, the animal control officer or veterinarian shall immediately send the head of such animal to the state health department for pathological examination, and shall notify the proper public health officer of reports of human contacts and diagnosis made of the suspected animal.

E. When one or both reports give a positive diagnosis of rabies, the health officer of the town may recommend a town-wide quarantine for a period of six (6) months, and upon the invoking of such quarantine, no animal shall be taken into the streets or permitted to be in the streets during such period of quarantine. During such quarantine no animal shall be taken or shipped from the town without written permission of the health officer of the town or the animal control officer.

F. During such period of rabies quarantine as herein designated, every animal bitten by an animal adjudged to be rabid shall be treated for such rabies infection by a licensed veterinarian or held under six (6) months' quarantine by the owner in the same manner as other animals are quarantined.

G. 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 (6) months.

H. 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.

I. The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the animal control officer.

J. The animal control officer shall direct the disposition of any animal found to be infected with rabies.

K. No person shall fail or refuse to surrender any animal, for quarantine or destruction as required herein when demand is made thereof by an employee empowered to enforce this chapter. Such refusal shall be deemed an offense.

L. 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.

M. It is duty of every licensed veterinarian to report to the town animal control officer his diagnosis of any animal observed by him to be a rabid suspect.

ARTICLE C

DOG AND CAT LICENSING AND TAGS

SECTION 4-130         LICENSING AND REGISTRATION, FEES, AND EXCEPTIONS.

All dogs or cats kept, harbored, or maintained by their owners in the town shall be licensed and registered each year, if over three (3) months of age, on or before the anniversary date of the initial issuance of the license, or within fifteen (15) days after the animal is brought into the town. Dog and cat license shall be issued by the town clerk-treasurer, upon submission by the owner of a certificate of vaccination signed by a licensed veterinarian, upon payment of a license tax as set by the board for each male or spayed female and for each unspayed female. The owner shall state at the time application is made for such license and upon printed forms provided for such purpose, his name and address, and the name, breed, color and sex of each dog or cat owned or kept by him, and such other reasonable information as the town clerk-treasurer might request. The provisions of this article shall not be intended to apply to dogs or cats whose owners are nonresidents temporarily within the town, nor to dogs or cats kept in kennels or pet shops for sale, nor to dogs or cats brought into the town for the purpose of participating in any dog or cat show, nor to "seeing eye dogs" properly trained to assist blind persons, which dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.

SECTION 4-131         TAGS, ISSUANCE, DISPLAY AND DUPLICATION LICENSE CERTIFICATE.

Upon payment of the license fee, the clerk-treasurer shall issue to the owner a license certificate and a tag for each dog or cat so licensed. Every owner shall be required to provide each dog or cat with a collar, to which the license tag must be affixed, and shall that the collar and tag are consistently worn by the animal. In case a tag is lost or destroyed, a duplicate will be issued by the clerk-treasurer upon proof of a receipt showing the payment of the license fee for the current year and the payment of a fee as set by the board of trustees for such duplicate. The license shall expire annually. Tags shall not be transferable from one dog or cat to another, and no refunds shall be made on any license fees because of the death of the animal, or the owner's leaving the town before the expiration of the license period.

SECTION 4-132         TAGS, COUNTERFEITING, PLACING ON OTHER ON OTHER

No person shall counterfeit, or attempt to counterfeit, any tag issued for a dog or cat as provided in this article, or take from any dog or cat a tag legally placed upon it, or place such tag upon a dog or cat for which the tag was not specifically issued.

ARTICLE D

ANIMAL SHELTER

SECTION 4-140       ANIMAL SHELTER ESTABLISHED.

A town animal shelter is hereby established. It shall be under the immediate control of the animal control officer or of such other person as may be officially designated. The person in charge of the shelter pound shall provide proper sustenance for all animals impounded and shall treat them in a humane manner. The town may contract with another agency for the use of a shelter maintained by the agency.

SECTION 4-141         ANIMALS TO BE IMPOUNDED, ENTRY ON PROPERTY.

The animal control officer, a police officer, or such other officer or employee of the town as the board of trustees may authorize shall take into custody and impound any animal found at large or in violation of any provisions of the ordinances of the town. In taking an animal into custody under authority of this article, the animal control officer or other officer or employee may enter into private property to gain custody of the animal.

SECTION 4-142         IMPOUNDMENT, DESCRIPTION, NOTICE, DISPOSITION.

A. The animal control officer, upon receiving any animal, shall make a complete registry, entering the breed, color, and sex of such animal and whether or not licensed, and the date of impoundment. If a dog is licensed, he shall enter the name and address of the owner and the number of the license tag.

B.  The town shall call the owner, if known, or mail notice at the address shown on town records, if any, to notify them of the provisions of this code.

C. It is the duty of the animal control officer to keep all animals impounded for a period of seventy-two (72) hours. All inquiries concerning lost or impounded animals shall be directed to the animal control officer, and after an animal has been destroyed, the animal control officer shall be required to dispose of the animal.

SECTION 4-143        BREAKING POUND.

No unauthorized person shall:

1. Break or attempt to break open the pound, 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 duties relating to the taking into custody and impounding of animals as provided in this chapter.

SECTION 4-144         FEES FOR IMPOUNDING.

A. The town board by motion or resolution shall determine the fees to be charged for impounding and keeping animals.

B. Any person redeeming an impounded animal shall pay the required fees to the town clerk-treasurer and present his receipt therefor to the person in charge of the pound before the latter releases the animal.

SECTION 4-145          RECLAIMING OF IMPOUNDED ANIMALS.

Reclamation of impounded animals may be made as provided in his section. The party desiring to reclaim an animal shall present to the animal control officer or other employee, who may be designated by the town board of trustees proof of vaccination within three (3) days after the date the animal is released. The party desiring to reclaim any animal shall pay the applicable pound fee and show evidence to the animal control officer that the fee has been paid. The animal control officer shall thereupon release the reclaimed animal to the party. Any person violating any provision of this section or failing to return proof of vaccination as provided herein shall, upon conviction, be punished as provided in Section 1-108 of this code.

SECTION 4-146        DISPOSITION, SALE OF IMPOUNDED ANIMALS.

A. At the end of the period prescribed in this article, animals that have not been redeemed by the owner thereof shall be destroyed in an humane manner or sold in the manner hereinafter provided.

B. The sales herein provided for shall be conducted by the person in charge of the animal shelter or such other persons as may be designated by the town board of trustees. Such sales shall be for cash to the highest bidder, but the animals shall not be sold in any event for less than that sum required to cover the impounding fee, board bill, vaccination, and license fees where applicable. If there is no bid, or an insufficient amount is bid as herein provided, the person in charge of the pound shall destroy such animal, unless he believes it to be for the best interests of the town to retain the animal and offer it for sale again. The proceeds of the sale, less the vaccination fees which shall be paid to the person administering the vaccination, shall be forthwith delivered to the town clerk-treasurer.

C. The purchaser of an animal at a sale held as provided herein, shall acquire absolute title to the animal purchased.

SECTION 4-147        OWNER MAY CLAIM EXCESS MONEY.

The owner of an impounded animal sold as provided herein, may claim the excess of the sale price of the animal above the fees for impounding the keeping the same and a fee of Five Dollars ($5.00) to reimburse the town for any expense it has had in making the sale, at any time within three (3) months after the sale. If a claim is so made and approved by the board of trustees, the town clerk-treasurer shall pay him such excess; but if a claim is not made, the excess shall belong to the town.

ARTICLE E

CRUELTY TO ANIMALS

SECTION 4-150      CRUELTY TO ANIMALS.

It is unlawful for any person to wilfully, maliciously or knowingly treat an animal, bird or fowl in a cruel or inhumane manner; or to knowingly neglect an animal, bird or fowl belonging to him or in his custody in a cruel or inhumane manner.

SECTION 4-151        POISONING ANIMALS.

It is unlawful for a person wilfully to poison any dog or other animal except a noxious, nondomesticated animal; or knowingly to expose poison so that the same may be taken by such an animal.

SECTION 4-152        ENCOURAGING ANIMALS TO FIGHT.

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 except a noxious, nondomesticated animal; or to keep a house, pit or other place used for fights between animals.

ARTICLE F

ZONING ORDINANCE TO PREVAIL

SECTION 4-160          ZONING ORDINANCE TO PREVAIL.

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 provisions of this chapter.

ARTICLE G

PENALTIES

SECTION 4-170        PENALTY.

Any person, • firm or corporation who violates any ordinance or 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 Section 1-108 of this code.

ARTICLE H

VICIOUS ANIMALS

SECTION 4-180        DEFINITION OF TERMS.

As used in this article:

1. "Owner" means any person, firm, corporation, organization or department possessing or harboring or having the care or custody of a dog;

2. "Vicious dog" means:

a. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause-injury to, or otherwise threaten the safety of human beings or domestic animals;

b. Any dog which because of its size, physical nature, or vicious propensity is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this article;

c. Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal;

d. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting; or

e. Any pit bull terrier, which shall be defined as any American Pit Bull Terrier of Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Bull Terrier;

3. A vicious dog is "unconfined" if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the dog. The pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot. All such pens or structures must be adequately lighted and kept in clean and sanitary condition. (Added 1989)

Cross Reference: See also Section 4-111 on wild, exotic or dangerous animals.

SECTION 4-181         CONFINEMENT.

The owner of a vicious dog shall not suffer or permit the dog to go unconfined. (Added 1989)

SECTION 4-182          LEASH AND MUZZLE.

The owner of a vicious dog shall not suffer or permit the dog to go beyond the premises of the owner unless the dog is securely muzzled and restrained by a chain or leash, and under the physical restraint of a person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal. (Added 1989)

SECTION 4-183         SIGNS.

The owner of a vicious dog shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a vicious dog on the premises. A similar sign is required to be posted on the pen or kennel of the animal. (Added 1989)

SECTION 4-184      DOG FIGHTING.

No person, firm, corporation or department shall possess or harbor or maintain care or custody of any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to attack human beings or domestic animals. (Added 1989)

SECTION 4-185       INSURANCE.

Owners of vicious dogs must within thirty (30) days of the effective date of this article provide proof to the city clerk-treasurer of public liability insurance in the amount of at least One Hundred Fifty Thousand Dollars ($150,000.00), insuring the owner for any personal injuries I) inflicted by his or her vicious dog. (Added 1989) 

SECTION 4-186         PENALTIES.

Whoever violates any provision of this article shall be guilty of a gross misdemeanor and may be punished as provided in Section 1-108 of this code. (Added 1989) No owner shall permit any animal, owned, harbored or kept by him to be a large within the town. It is unlawful for any animal as provided in this section to be at large at any time within the town.

SECTION 5-101          BUILDING CODE ADOPTED.

The BOCA Basic/National Building Code, the latest edition thereof, as published by the Building Officials and Code Administrators International, Inc., is hereby adopted as the building code of the town for the control of buildings and structures as therein provided. Each and all of  the regulations, provisions, penalties, conditions and terms of the BOCA Building Code are hereby referred to, adopted, incorporated and made a part hereof as if fully set out in this code with the additions, insertions, deletions and changes if any prescribed in this chapter. 

State Law Reference: Building codes, adoption by cities, 11 OK§ Section 14-107; 74 OK§ Section 324.8.

SECTION 5-102        ADDITIONS AND CHANGES TO BUILDING CODE.

The following sections of the BOCA Basic/National Building Code are hereby revised:

1. Section 100.1, insert Town of Valley Brook;

2. Section 114.3.1, insert: "The fee schedule shall be in accordance with the town code, or as may be set or amended by motion or resolution";

3. Section 117.4, insert: "Offense, punishable by fine and imprisonment as provided in Section 1-108 of the town code of ordinances";

4. Section 118.2, insert: "fine as provided in Section 1-108 of the town code of ordinances";

5. Section 123.3, insert: "as set by the town board of trustees";

6. Section 201.2, insert: "the boundaries of the fire limits as provided in the town ~ code of ordinances"; 

7. Section 1807.2.1, and 1807 .22, insert: "a number of feet to be determined by the town board of trustees by motion or resolution" in both locations; and

8. Section 1906.1, insert: "Amounts as set by the town board of trustees by motion or resolution".

SECTION 5-103       PENALTY.

A person who violates a provision of this code or fails to comply therewith or with any of the requirements thereof, or who erects, constructs, alters, repairs or removes, or has erected, constructed, altered, repaired, or removed a building or structure in violation of a detailed statement or plan submitted and approved thereunder or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in Section 1-108 of this code. Each day upon which a violation continues shall be deemed a separate offense.

SECTION 5-104         BUILDING OFFICIAL.

The building official of this town shall be appointed by the town board of trustees and G shall have the powers and duties prescribed for the "building official" by the town's building V code; provided that his powers and duties may be exercised by his authorized representatives under his supervision and control. The term "building inspector", whenever used in the ordinances of the town, means the building official. The terms "electrical inspector", "plumbing inspector", and "gas inspector", whenever used in the ordinances of the town, also each refer to and mean the building official, unless a separate electrical inspector, plumbing inspector, and /or gas inspector is appointed by the town board of trustees. The plumbing shall have authority to enter any building, structure or premises at any reasonable hour.

SECTION 5-105        FIRE LIMITS DEFINED.

The fire limits are that part of the town bounded as may be set by the board of trustees.

SECTION 5-106          BUILDING PERMIT REQUIRE. FEE.

A. No person shall build, remodel, alter, or erect upon his premises, or allow to be built, remodeled, altered or erected thereon, or move upon his premises any building or other structure unless a building permit has been obtained as required by this chapter.

B. Any person desiring to build, alter, remodel or move any improvement upon his premises shall first make application for a permit to do so, to the Town Clerk, which application shall state the kind of building or improvement to be erected, built, altered, remolded or moved, I the material to be used and the location of the structure or improvement. The building official, as appointed by the Board of Trustees, shall inspect the premises where such building, structure or improvement is to be built, erected, altered, remodeled or moved, and ascertain the fire or other hazards that may result from building, erecting or changing such structure or improvement, determine the necessary grade levels to be established, determine that such structure will not violate any ordinances of the Town, or restrict any public easement or right-of-way, and make such requirements for the health and safety of the citizens of this Town, as such official, subject to review by the Board of Trustees, may determine, and said permit, after approval of the Board of Trustee member in the ward of the proposed improvement and one other member of the Board of Trustees, the permit shall be issued by the Town Clerk. Notice of such approval shall be given to all other Trustees within 48 hours. The matter is subject to review by the full Board of trustees at a subsequent meeting.

C. If the application is in accordance with the requirements of the ordinances and laws, the clerk-treasurer shall issue the permit upon the payment by the applicant of a building permit fee which may be set by motion or resolution of the town board of trustees. A current copy of the fee schedule shall be kept in the office of the town clerk-treasurer.

D. The building permit fee for any improvement to be erected, built, altered, remodeled or installed, which consists only of cement work, shall be a fixed fee of $5.00 for the building permit, to be issued in accordance with the procedure provided in subpart (b) above.

SECTIONS 5-107         MOVING AND REMOVING BUILDINGS.

A. No buildi~g may be moved into town without a permit as required by the building code. The permit must be approved by the board of trustees. Any building moved into the town limits shall comply with all town building, electrical, plumbing, gas and other building codes and regulations and shall be hooked up to the town's sewer system.

B. No building may be removed or tom down without obtaining a permit from the town board of trustees. The permit applicant shall pay a deposit prior to being granted a permit, which deposit shall be refunded if the premises are left in a clean, sanitary and safe condition after the removal or tearing down. If the premises are not left in a clean, sanitary, or safe condition as required herein, and as determined by the board of trustees, the deposit may not be refunded to the applicant.

SECTION 5-108         BUILDING AND DWELLING ADDRESSES.

A. It is the duty of the record owner of every existing dwelling or building or structure in the town to place or maintain thereon, in a place visible form the street, figures at least three (3) inches high, showing the number of the dwelling, building or structure. Any person, firm or corporation failing to so number any now existing dwelling, building or structure owned by him within thirty (30) days after March 13, 1984, or after receiving notice to do so I) from a designated representative of the town, shall fail to so number such dwelling, building ~ or structure within forty-eight ( 48) hours after such notice, shall be in violation of this section.

B. The record owner of any dwelling, building or structure constructed after March 13, 1984, shall place such place such figures thereon before, or at the time the occupancy permit is issued.

CHAPTER 2

PLUMBING CODE

SECTION 5-201          ADOPTION OF PLUMBING CODE.

A certain document, at least one copy of which is on file in the office of the town clerk-treasurer, being marked and designated as "The BOCA Basic/National Plumbing Code", the latest edition thereof, and any revisions or amendments there to, as published by the plumbing code of the town for the control of buildings and structures as therein provided. Each and all of the regulations, provisions, penalties, conditions and terms of the BOCA Plumbing Code are hereby referred to, adopted and made a part hereof, as if fully set out in this code, with additions, insertions and changes, if any, prescribed in this chapter.

State Law Reference: Town powers to supervise plumbing, 59 OK§ Sections 1001 et seq.

SECTION 5-202            ADDITIONS, INSERTIONS AND CHANGES TO PLUMBING CODE.

The following sections are hereby revised as follows:

1. Section P-100.1 (page 5, second line). Insert the Town of Valley Brook;

2. Section P-104.1 (page 6, second line). Insert effective date of the town's code of ordinances;

3. Section P-114.2 (page 12, third line). Insert "as provided in Section 5-204 of the town's code of ordinances";

4. Section P-117.4 (page 13, fifth, sixth and seventh lines). Insert "offense and punished as provided in Section 1-108 of the town's code of ordinances";

5. Section P-118.2 (page 14, fifth line). Insert "fine as provided in Section 1-108 of ordinances";

6. Section P-303.2 (page 32, third line). Insert "a distance in feet as determined by the town board of trustees"; and

7. Section P-308.3 (page 33, second and third lines). Insert "a depth in feet as 1-) determined by the town board of trustees." V

SECTION 5-203         PLUMBERS; REGISTERATION, PERMITS AND FEES.

A. The phrases and words ''journeyman plumber," "plumber's apprentice," "plumbing contractor," and "plumbing," when used in the ordinances, regulations and other official acts and communications of this town, shall have the meanings respectively prescribed for them by Sections 1001 et seq. of Title 59 of the Oklahoma Statutes, the state plumbing license law unless the context clearly indicates a different meaning.

B. 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 this town unless he is registered with the town and has a current and valid certificate of registration issued by the town.

C. Only persons who have current and valid licenses as plumbing contractors or as journeyman plumbers issued by the State Commissioner of Health as provided by the state plumbing license law may register as such with the town. Only persons who have current and valid certificates of registration as plumber's apprentices issued by the State Commissioner of Health as provided by the law may register as such with the town.

D. Applicants for certificates of registration, as plumbing contractor or journeyman plumber, after complying with the laws of the state and with the town code, and after payment of the registration fee, shall be registered by the town clerk-treasurer. The registration shall expire annually, but may be renewed from year to year. Plumbing contractors desiring to renew their registration shall furnish the same evidence of compliance with state licensing laws and the same bond is required as set forth by town code. An applicant for plumbing contractor's registration shall furnish bond in such sum and such conditions as set by the town board.

E. Any plumbing contractor shall file with the town clerk-treasurer a bond in such sum as set by the town board, executed with a surety company authorized to do business in the state.

F. All plumbing contractors' registrations not renewed within ninety (90) days after the date of expiration thereof shall be cancelled, and a new application for registration must be made and the fee for a new registration paid.

G. The fee for registration shall be as set by the town board by motion or resolution.

H. The town board, upon at least ten (10) days' notice and adequate opportunity for a public hearing, may revoke the town registration of any plumbing contractor or journeyman plumber for violating any provisions of the ordinances or regulations of the town relating to the installation of plumbing or for any other cause specified in the state plumbing license law.

State Law Reference: State plumbing licenses, requirements, 59 O.S. Sections 1001 et seq.

SECTION 5-204        PLUMBING; PERMITS AND INSPECTIONS.

A. No plumbing work shall be undertaken without a permit from the plumbing inspector.

B. The application for such work must follow the adopted town code.

C. The schedule of permit fees may be set forth by resolution or motion of the town board. Such payment will be made upon application.

D. Inspection of such work must conform to the guidelines set forth in the town code.

CHAPTER 3

ELECTRICAL CODE

SECTION 5-301         "Electrical equipment" defined.

The term "electrical equipment" used in this chapter 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.

State Law Reference: State electrical requirements, licensing by state, 59 O.S. Sections 1680 to 1696.

SECTION 5-302          NATIONAL 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 of Oklahoma 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 American Insurance Association, shall be prima facie evidence of conformity with approved standards for safety to persons or to property.

SECTION 5-303         UNDERWRITERS LABORATORIES, INC.

All electrical equipment installed or used be in conformity with the provision 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.

SECTION 5-304        TOWN BOARD OF TRUSTEES MAY MAKE SPECAIL RULINGS.

The board of trustees of the town, by motion or resolution, shall have the authority to make special rulings, when circumstances warrant, for the safeguarding of life and property and the improvement of electrical installations. In all cases persons engaged in the installing of electrical equipment and holding an electrical license must be notified by letter of these decisions.

SECTION 5-305          PERMIT REQUIRED FOR ELECTRICAL INSTALLATIONS; ISSUANCE.

A. 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 this town or make extensions to any existing electrical installations without first securing a permit from the town.

B. Applications for electrical permits shall be made to the town clerk-treasurer; and the applicant shall provide such plans, specifications, and other data as may be reasonably required.

C. The fee for an electrical permit shall be as prescribed by motion or resolution passed by the town board of trustees.

SECTION 5-306           INSPECTION FEE.

The town board of trustees by motion or resolution may prescribe an inspection fee to be paid to the town when electrical installations are inspected by the electrical inspector.

SECTION 5-307            ELECTRICIANS' REGISTRATION REQUIRED, BOND.

A. It is unlawful for any person to engage in the business, trade or vocation of electrical contractor, journeyman electrician or apprentice electrician without a certificate of registration as such secured from the town. The initial fee for a registration certificate, and any renewal, to be paid to the town clerk-treasurer, shall be as set by the town board. A registration certificate must be renewed within ninety (90) days following expiration of the certificate. After the expiration, an application for a new certificate must be requested and the initial fee paid again. No person may be registered with the town as contractor, journeyman or apprentice unless he possesses a valid and current state license issued by the state and pays the registration fee in such sum as set by the town board by motion or resolution. This certificate is not transferable to any other individual or company.

B. Every person receiving a certificate as an electrical contractor shall file with the town clerk-treasurer a bond in such sum as set by the town board, executed with a surety company authorized to do business in the state. The bond shall be conditioned that the principal will install all electrical wiring, fixtures, appliances, and equipment in accordance with the law  and the ordinances and other regulations of the town relating to electrical installations and in a workmanlike manner; that the principal shall, without further cost to the person for whom the work was done, remedy any defective or faulty work caused by poor workmanship or inferior or non-standard material; and that the town may be fully indemnified and held harmless from any and all costs, expenses or damage resulting from the performance of his work as an electrical contractor or apprentice electrician, as the case may be.

C. For the installing of bell, telephone or signal systems not using over twelve (12) volts, no registration or bond will be required. The installation of same must comply with all other requirements of the ordinances of the town.

D. After adequate opportunity for hearing, the town board may revoke the certificate of an electrical contractor an apprentice electrician, or a journeyman electrician.

CHAPTER 4

LIQUEFIED PETROLEUM GAS

SECTION 5-401          CODE ADOPTED.

It is unlawful for any person, firm or corporation to manufacture, fabricate, assemble, install, or repair any system, container, apparatus, or appliance to be used for the transportation, storage, dispensing, or utilization of liquefied petroleum gas, or to transport, handle, or store such gas, unless such person has complied with and complies with all provisions of the law and ordinances relating thereto, and has any license or permit which may be required by state law. The pamphlet, Storage and Handling of Liquefied Petroleum Gases, as contained in Pamphlet No.58 issued by the National Fire Protection Association, the latest edition thereof, adopted by the Oklahoma Liquefied Petroleum Gas Board, shall have full force and effect within this town. Any violation of these rules and regulations shall be deemed a violation of the ordinances of the town and shall be punished accordingly.

State Law Reference: State rules, LPG, 52 OK§ Sections 420.1 et seq.

CHAPTERS 5

GAS PIPING CODE

SECTION 5-501          PAMPHLET ADOPTED.

Pamphlet No. 54 published by the National Fire Protection Association, entitled National Fuel Gas Code, the latest edition thereof, is hereby adopted and incorporated in this 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. Any violation of the provisions of the pamphlet shall be deemed a violation of the ordinances of the town.

CHAPTER 6

MOBILE HOMES

SECTION 5-601         PERMITS.

No trailer may be located in the town limits unless a permit is issued therefor by the town board of trustees.

SECTION 5-602         TYPES OF VECHILES.

Acceptable vehicles will be determined by vehicle registration (title) i.e., "Travel trailers, camping trailers and motor homes," as shown on registration, shall be permitted.

SECTION 5-603          PROHIBITIONS.

House trailers or mobile homes of any size shall not be permitted either temporarily or permanently.

SECTION 5-604          OTHER TRAILERS, LOCATION.

Any trailers, whether meeting the provision of travel trailers or motor homes, or trailers not covered such as boat trailers, trash trailers and other small miscellaneous use trailers not designed for human occupancy, shall be parked or stored not closer than five ( 5) feet from the side lot lines and no closer than five (5) feet from the edge of curb or street at any time.

SECTION 5-605         PARKING ON STREET PROHIBITED.

At no time shall any trailer of any type be parked on a street.

SECTION 5-606          INSPECTION.

Inspection for safety b the building official and a fee shall be required for visiting, acceptable travel trailers or motor homes desiring temporary, electrical or other utility connection.

SECTION 5-607          PERMIT ISSUED.

Permits for any acceptable trailer ( one designed for human occupancy) meeting the previously stated requirements shall be obtained from the town clerk-treasurer. Vehicle registration must be seen by the clerk-treasurer prior to issuance of permit.

SECTION 5-608         NOT TO BE NUISANCE.

Any owner or occupant shall be liable for attractive hazard or nuisance in relation to trailers on their property.

SECTION 5-609         NO SEWER CONNECTION.

No trailers shall be connected with the sewer lines at any time.

SECTION 5-610            SANITARY CONDITION.

The area around the trailer shall be kept as orderly at all times as required by the other ordinances of the town in relation to cleanliness, neatness and appearance of property.

SECTION 5-611           VIOLATIONS.

If, at any time, a trailer is placed on property for any reason and it should violate this chapter, the permit for the trailer shall be revoked with a twenty-four (24) hour notice in writing, the trailer shall be considered a violation of this chapter for every twenty-four (24) hour period it remains there, and every twenty-four (24) hour period shall be separate violation.

SECTION 5-612

Any person violating this chapter shall be punished as provided in Section 1-108 of this code.

CHAPTER  7

SWIMMING POOLS

SECTION 5-701            TITLE.

The provisions embraced within this chapter shall constitute and be known and may be cited as "The Swimming Pool Code" hereinafter referred to as "this code."

SECTION 5-702           DEFINITIONS.

A "swimming pool, private" means and includes all pools constructed in or below ground level, and all above ground pools in excess of twenty-four (24) inches deep. This definition includes pools used for swimming, wading or diving, which are used in connection with a single family or two-family residence and available only to the families of the householders and private guests.

SECTION 5-703       SCOPE.

A. The provisions of this code apply to the protection of the public health, safety and welfare by prescribing minimum standards for the design, construction or installation, or alterations of swimming pools, and equipment related thereto; requiring a permit and inspection thereof; providing for the administration and enforcement of the standards set forth herein.

B. No provision of this code shall be held to deprive any federal or state agency, or r-\ any applicable governing body having jwisdiction, of any power or authority which it had on the effective date of this chapter or of any remedy then existing for the enforcement of its orders.

SECTION 5-704        PERMIT REQUIRED.

A. No swimming pool installation or alteration shall be commenced until a permit shall first have been obtained from the town clerk-treasurer, after approval by the board of trustees.

B. A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions of this code, nor shall such issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans or in construction, or of violations of this code.

C. No person shall permit any other person to do or cause or permit to be done any swimming pool work under any permit secured by such persons; except as permitted by state law.

SECTION 5-705           APPLICATION FOR PERMIT.

Any person who desires a permit to install or alter a swimming pool shall make /\ application describing the work to be done and the location, ownership, occupancy, and use of  the premises in connection therewith. The board of trustees may require plans, specifications or drawings and such other information as they may deem necessary. 

SECTION 5-706        COST OF PERMIT.

The applicant shall pay a fee for each permit at the time of making application in accordance with a schedule set by the board of trustees, and at the rate provided for each classification shown below for each swimming pool installation:

1. Public pool;

2. Private pool-above ground; and

3. Private pool-below ground .

SECTION 5-707            STANDARDS.

The Oklahoma State Department of Health Standards, Sections 1-1013 through 1-1020 of Title 63 of. The Oklahoma Statutes, "Public Bathing Places," shall be and hereby are recognized as minimum standards for swimming pool construction practices.

SECTION 5-708        ALL WORK TO BE INSPECTED.

All swimming pool installations or alterations including equipment, piping, and applications shall be subject to inspection by the building inspector to ensure compliance with all requirements by this code. The rough inspection is to be made after placement of steel, plumbing, and electrical grounding of the pool. Final inspection to be made after completion of the pool and the pool placed into circulation.

SECTION 5-709          NOTIFICATION OF READINESS FOR INSPECTION.

It is the duty of the person doing the work authorized by the permit, to notify the building inspector that the work is ready for inspection. The building inspector shall have two (2) working days in which to make such inspections.

SECTION 5-710          MECHANICAL REQUIREMENTS.

Unless otherwise specified in this code, all piping, equipment, and materials used in the plumbing system shall be Schedule 40 PVC piping or shall conform to the Valley Brook Plumbing Code.

SECTION 5-711            ELECTRICAL WIRING AND EQUIPMENT.

A. Electrical wiring and equipment shall comply with the National Electrical Code, as amended, and shall be installed by a Valley Brook licensed electrical contractor, including the ground of all pools as described in the National Electrical Code, as amended.

B. Number eight bare cooper wire is to be used. Circle pool and bond to steel in at least four (4) places. Carry to lowest point in pool and bond to steel. Bond to all equipment used with the pool. Proper inspections to be made before any part is covered or concealed.

SECTION 5-712           EQUIPMENT FOUNDATIONS AND ENCLOSURES.

All mechanical equipment shall be set on a concrete base or slab. All heating and electrical equipment, unless approved for outdoor installation shall be adequately protected against the weather or installed within a building.

SECTION 5-713          ACCESSIBILITY AND CLEARANCES.

Equipment shall be so installed as to provide ready accessibility for cleaning, operating, maintenance, and servicing.

SECTION 5-714        BARRIER.

All swimming pools shall be required to be completely enclosed by a four-foot barrier. The pool facilities shall be so equipped such that the entry to the facilities will be locked at all times when not being used.

SECTION 5-715          PUBLIC POOLS GENERALLY.

A. Before commencing the installation of any public swimming pool p1pmg, appurtenances, device or equipment, plans in triplicate with specification and other required pertinent data shall be submitted to the Oklahoma State Board of Health and approved by the town. Two (2) copies of the specifications and plans as approved by the State Board of Health shall be filed with the permit application.

B. Public pools shall meet all town zoning, plumbing and electrical codes.

SECTION 5-716           BOND.

No license shall be issued for the installation of a swimming pool, except to individuals who intend to install their own swimming pool, until the applicant therefore shall have deposited with the town clerk-treasurer a surety bond in the sum of Five Thousand Dollars ($5,000.00), to be known as "Swimming Pool Contractor's Bond". Such bond shall be executed by the ~ swimming pool contractor and the surety there of shall be a corporate surety company authorized  to do business in the state. The bond shall be in favor of the town and conditioned that the contractor shall faithfully and properly conduct his business in compliance with all the ordinances of the town relating to swimming pools; shall pay all fines and penalties imposed for the violation of such ordinances; and shall protect and indemnify the town against all damages resulting directly or indirectly from any injury to persons or property on the account of the negligence or unskilled work of the contractor. Such bond shall be renewed annually, and no person shall engage in the business of installation of swimming pools unless a bond, as provided herein, is on file with the town clerk-treasurer and in full force. The bond must be in a form acceptable to the board of trustees.

SECTION 5-717           PENALTIES.

Any person, firm or corporation or other legal entity which shall violate any of the provisions of this chapter or fail to comply therewith, or with any of the requirements thereof, shall be deemed guilty of an offense and shall be punished as provided in Section 1-108 of this code.

CHAPTER 8

OIL AND GAS DRILLING

SECTION 5-801           INTENT AND PURPOSE.

Whereas the imprudent operation of an oil and gas facility can constitute a menace to the public health, safety and welfare of the town, it is the intent and purpose of this chapter that oil and gas operations be reasonably regulated for the public good.

SECTION 5-802           DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply:

1. "Abandoned well" means:

a. Each well in which no production casing has been run, and for which drilling or testing operations have ceased for thirty (30) consecutive days; or 0

b. Any other well for which there is no current town permit;

2. All technical or oil and gas industry works or phrases used herein and not specifically defined herein shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry;

3. "Artificial production" means the raising to the surface of the earth, by means other than natural flow, petroleum or natural gas;

4. "Corporation Commission" means the Oklahoma Corporation Commission;

5. "Deleterious substance" means any chemical, salt water, oil field brine, waste oil, waste emulsified oil, basic sediment, mud or injurious substances produced or used in the drilling, development, producing, transportation, refining and processing of oil, gas or condensate;

6. "Enhanced recovery" means an operation by which fluid or energy is introduced into a source of supply for the purpose of facilitating recovery therefrom;

7. "Natural production" means the raising to the surface of the earth, by natural  flow, petroleum or natural gas;

8. "Oil and gas inspector" means that person, firm or corporation appointed by the town board of trustees to enforce the provisions of this chapter, or by his authorized representatives;

9. "Permittee" means the person to whom is issued a permit or permits under the terms of this chapter;

10. "Pollution" means the contamination or other alteration of the physical, chemical, or biological properties of any natural waters of the town, or such discharge of any liquid, gaseous or solid substance into any water of the town as will or is likely to create a nuisance or render such waters harmful or detrimental or injurious to public health, safety, or welfare; to domestic, commercial, industrial, agricultural, recreational, or other beneficial uses; or to livestock, animals or aquatic life;

11. "Pressure maintenance" means an operation by which gas, water or other fluids are injected into a supply of oil to maintain pressure or retard pressure decline therein for the purpose of facilitation recovery therefrom, and which has been approved by the Corporation Commission after notice and hearing;

12. "Salt water" as used in this chapter means any water containing more than five hundred (500) mg/I chlorides; and

13. "Treatable water" means surface and subsurface water in its natural state which may or may not require treatment to be useful for human consumption, and contains less than ten thousand (10,000) ppm total dissolved solids and/or five thousand (5,000) ppm chlorides.

14. "Water", "waters of the town" or "town water" mean all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations or water, surface and underground, natural or artificial, public or private, which are contained within, flow through or border upon the town or any portion thereof;

15. "Well" means, unless specifically qualified, and hole or holes, bore or bores, to any depth for the purpose of producing and recovering any oil, gas or liquefied petroleum matter or deleterious substances, or for the injection or disposal of any of the foregoing;

SECTION 5-803        PERMITS.

It is unlawful and an offense for any person acting for himself or acting as agent, servant, employee, subcontractor, or independent contractor or any other person, to operate, drill, own, abandon, plug, or close an original well within this town, or to re-enter any abandoned well, or to n work upon on assist in any way in the production or operation of any such well, without a permit having first been issued by the authority of the oil and gas inspector in accordance with this chapter.

SECTION 5-804         APPLICATION AND FILING FEE.

A. Every application for a permit to drill an original well or to re-enter an abandoned well shall be in writing, signed by the applicant or by some person duly authorized to sign same on his behalf, and it shall be filed with the oil and gas inspector and be accompanied by a permit fee as set by the board of trustees. No application shall request a permit to drill more than one well. The application shall contain full information required by the oil and gas inspector, including the following:

1. Name and address of applicant and date of application;

2. Where applying for a proposed original well:

a. A block map of the ten (10) acres surrounding the drill site, including thereon the location of the proposed well, and distance therefrom to all existing dwelling-houses, buildings, or other structures, designed for the occupancy of human beings or animals, and the owners thereof as shown by the current tax rolls in the county treasurer's office, within three hundred (300) feet of any such well, and the location of all existing oil, gas or fresh water wells within the ten ( 10) acre tract; and

b. The names of the mineral, surface and lease owners;

3. A drilling prognosis, to specify in detail the amount, weight, and size of conductor pipe and surface pipe and the procedures to be used for cementing such. Plugging procedures to be used in the event production is not established shall also be specified;

4. A statement of the provisions for water for the drilling rig;

5. A written plan for disposal of deleterious substances produced during the drilling operations and any deleterious substances produced as a result of production from the well. This plan shall include the method of transportation and the name of transporter or transport contractor for the deleterious substances and the name and location of the permitted disposal site, including a copy of the permit for the disposal site and a contract with the owner of the permitted site for the disposal of the deleterious substances, or in the alternative, provide proof of ownership of the permitted disposal site. The permittee shall provide monthly reports to the town of the amount of salt water and other deleterious substances produced, along with receipts for disposal of same;

6. The name and address of the person within the state upon whom service of process upon applicant may be made within this state; and in the case of any non-resident person who has no such service agent within this state, there shall be attached to the application the designation of such a service agent resident in Oklahoma County, Oklahoma, and a consent that service of summons may be made upon such person in any action to enforce any of the obligations of the applicant hereunder; and

7. A verification of the above information by the applicant hereunder.

B. A copy of the approved drilling permit from the Corporation Commission and a copy of the staking plat shall be filed with the town prior to issuance of the municipal permit.

C. Where the application is one for the re-entry of an abandoned well, the application shall contain all the information required by Subsection A of Section 4 above, with the exception that the oil and gas inspector may vary the requirements thereof to suit the application before him. Provided, that such an application for a permit to re-enter an abandoned well shall provide the following information in every case:

1. A statement of:

a. The then condition of the well;

b. The depth to which it is proposed such well shall be deepened;

C. The proposed casing program to be in connection with the proposed deepening;and

2. Evidence of adequate current tests showing that the casing strings currently passed the same test that are required in the case of the drilling of an original well.

SECTION 5-805        ISSUANCE OR REFUSAL OF PERMIT.

A. The oil and gas inspector's office within thirty (30) business days after the filing of an application for a permit under this chapter shall determine whether or not the application complies in all respects with the provisions of this chapter and applicable federal and state law, and, if it does, shall recommend to the mayor and town board of trustees that the permit be issued. Each permit issued under the terms of this chapter shall.

1. By reference have incorporated therein all the provisions of this chapter with the same force and effect as if this chapter were copied verbatim therein;

2. By reference have incorporated therein all the provisions of applicable state law and the rules, regulations and standards adopted in accordance therewith relating to the protection of human beings, animals, and natural resources;

3. Specify that the term of the permit shall be for a period of one year from the date of issuance thereof, and for like periods thereafter upon the successful inspection of the permittee' s well and operations, as is provided for elsewhere herein;

4. Specify such conditions imposed by the oil and gas inspector as are by this chapter authorized; and

5. Specify that no actual operations shall be commenced until the permittee shall file and have approved the required bonds and certificate of insurance in the appropriate amounts as provided for elsewhere herein.

B. If the permit be issued, it shall, in two (2) originals, be signed by the oil and gas inspector and the permittee, and when so signed shall constitute the permittee's license to drill and operate in the town and the contractual obligation of the permittee to comply with the terms of such permit, such bonds as are required, and applicable state law, rules, regulations, standards and directives. One executed original copy of the permit shall be retained by the oil and gas inspector; the other shall be retained by the permittee and shall be kept available for inspection by any town or state law enforcement official who shall demand to see same. 

C. If the permit be refused, or if the applicant notifies the oil and gas inspector in writing that he does not elect to accept the permit as tendered and wishes to withdraw his application, or if the bonds of the applicant be not approved, then upon the happening of any of the events the cash fee filed with the application shall be refunded to the applicant, except that there shall be retained therefrom by the town the sum as set by the board of trustees a processing fee.

SECTION 5-806       PERMITTEE'S INSURANCE AND BOND.

A. In the event a permit shall be issued by the oil and gas inspector, no actual operations shall be commenced until the permittee shall file with the town bonds or insurance as follows:

1. A bond or insurance in the principal sum of at least Two Hundred Fifty Thousand Dollars ($250,000.00) to be approved by the town. The bond or insurance shall be executed by an insurance company authorized to do business in the state, as surety, and with the applicant as principal, running to the town for the benefit of the town and all persons concerned, conditioned that the permittee will comply with the terms and conditions of this chapter in the operation of the well for either natural or artificial production, injection or disposal. The bond shall become effective on or before the date the same is filed with the town and remain in force and effect for at least twelve (12) months and subsequent to the expiration of the permit term, and in addition the bond will be conditioned that the permittee will promptly pay fines, penalties and other assessments imposed upon the permittee by reason of his breach of any of the terms, provisions and conditions of this chapter, and that the permittee will promptly restore the streets, sidewalks and other public property of the town which may be disturbed or damaged in permittee' s operations, to their former condition; and that the permittee will, after abandonment, grade, level and restore the property to the same surface condition, as practicable as is possible, as existed prior to commencing operations; and further that the permittee shall indemnify and hold harmless the town from any and all liability attributable to granting the permit; and

2. If after the completion of a producing well, permittee has complied with all of the provisions of this chapter, such as removing derrick and clearing the premises, he may apply to the oil and gas inspector to have the bond or insurance reduced to a sum of not less than Ten Thousand Dollars ($10,000.00) for the remainder of the time the well produces without reworking or utilize an approved letter of credit, approved by the town, in the sum of Ten Thousand Dollars ($10,000.00). During reworking operations the amount of the bond or insurance shall be increased to the original amount.

B. In addition to the requirements in Subsection A of this section, the permittee shall obtain a bond or insurance in the principal sum of at least One Million Dollars ($1,000,000.00). The bond or insurance shall be executed by an insurer licensed to do business in the state, as surety, and with applicant as principal, all persons concerned, conditioned that the permittee will comply with every applicable federal and state law and town ordinance, rule, regulation, standard or directive relating to the maintenance of the safe and beneficial physical, chemical and biological properties of any natural waters of the town; that the permittee shall obtain the necessary permits from the town and state with regard to any operations which have the potential of rendering such waters harmful or detrimental or injurious to the public health, safety and welfare; that the permittee shall bear all the costs necessary and incidental to the correction of any pollution to the waters caused by the permittee or permittee's agents, servants, employees, subcontractors or independent contractors; that the permittee shall pay all fines, penalties, assessments or judgment resulting directly or incidentally from the permittee's activities and which result in pollution of town waters; that the permittee shall indemnify and hold harmless the town from any and all liability resulting from the pollution of town waters.

C. In addition to the requirements in Subsections A and B of this section, the permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the town, issued by an insurer authorized to do business with the state, the policy or policies in the aggregate shall provide for the following minimum coverage:

1. Bodily injury, One Hundred Thousand Dollars ($100,000.00) per person;

2. Three Hundred Thousand Dollars ($300,000.00) per accident; and

3. Property damage, Two Hundred Thousand Dollars ($200,000.00).

D. Permittee shall file with the town certificates of the insurance as above stated, and shall obtain the written approval there of the oil and gas inspector who shall act thereon promptly after the date of such filing.

E. The insurance policy or policies shall not be cancelled without written notice to the oil and gas inspector at least ten (10) days prior to the effective date of such cancellation. In the event the policy or policies are cancelled, the permit granted shall immediately thereupon terminate without any action on the part of the oil and gas inspector, the permittee's rights to operation under the permit shall cease until permittee files additional insurance as provided herein.

F. If, after completion of a producing well, the permittee has complied with all of the provisions of this chapter, such as removing derricks, clearing premises, and the like, he may apply to the oil and gas inspector to have the insurance policy or policies reduced as follows:

1. Bodily injury, Fifty Thousand Dollars ($50,000.00) per person;

2. One Hundred Thousand Dollars ($100,000.00) per accident; and

3. Fifty Thousand Dollars ($50,000.00), property damage.

SECTION 5-807              ENHANCED RECOVERY AND SALT WATER OR DELETERIOUS SUBSTANCES DISPOSAL WELLS.

A. No person shall re-enter any well or drill an original well to be used for enhanced recovery or disposal of salt water or other deleterious substances without first obtaining the necessary permit therefor. Such permit shall consist of two (2) separate parts:

1. Permit to drill or re-enter and construct; and

2. Permit to operate.

B. An application for the permit to drill or re-enter a well for enhanced recovery or substance disposal shall be in the original well, and shall contain complete information required by the oil and gas inspector, including the following:

1. A block map of the well site, showing all equipment to be used thereat, location of pipelines, access road, and distance from the well to any and all fences, public roadways, and distance from the well to any and all fences, public roadways, and building within 0 a radius of three hundred thirty (330) feet;  A block map of the project, showing the location of;

a. All water supply wells within a one-fourth (1/4) mile radius of each injection or disposal well;

b. All public water supply wells, disposal wells, injection wells, producing wells and plugged and abandoned wells within the project area and those sections immediately adjacent;

c. All conduits; and

d. Tank battery, pumping station and appurtenant equipment.

3. All wells within the project area and those sections immediately adjacent shall be indicated by status (e.g., plugged and abandoned, injection, salt water, oil, etc.), and show the following additional information:

a. Footage location (surface casing);

b. Derrick floor and ground level elevation;

C. Drilled total depth;

d. Packer body total depth;

e. Size, depth and quality of surface and production casing, including zones from which casing has been removed;

f. Location of all plugs, packers, cement plugs, tubing anchors, etc., with the well bore;

g. Depth and nature of all cements squeeze jobs;

h. Formation name and depth of all open perforations in a producing open hole;

1. Volume and type of cement used on surface and production strings; and

j. Top of cement;

4. One copy of all electric, mechanical, sample and driller's logs, if

5. Fee and operation name for each well;

6. One copy of all cement bond logs and production logs;

7. One copy of all work performed on the well; and

8. Copies of all information supplied to the Corporation Commission, and the Commission's approval of the project.

C. Upon the completion of the application required hereunder, the oil and gas inspector shall have thirty (30) business days to review same and make a recommendation of approval or disapproval to the mayor and town board of trustees.

D. Prior to placing any enhanced recovery or substance disposal well into service, a permit to operate such well shall be obtained from the oil and gas inspector. Every application for a permit to operate such well shall contain the following information:

1. Depth to static water level (hydrostatic head). Such data shall be obtained by means of a method approved by the oil and gas inspector. Such data shall be obtained not less than forty-eight (48) hours after openings have been made through the casing into the injection ~ disposal zone or zones; and 1 

2. Based on the static water level identified in the previous paragraph, maximum operating pressures and rates of injection shall be established and maintained so as to prevent the hydraulic pressure level at a radius of ten (10) feet from the injection or disposal wells from rising above the base elevation of treatable water. Such maximum operating pressures and injection rates shall be noted on the permit. No injection of disposal well will be permitted to operate if the well' s zone of influence will exceed the above referenced limits.

E. A fee in the sum as set by the board of trustees shall be submitted along with every application for a permit to operate an injection or substance disposal well.

F. Copies of Corporation Commission Form No. 1015, indicating successful pressure testing of each injection well at a pressure greater than the maximum proposed for the project, or if no such Form No. 1015 has been filed and approved, then sufficient evidence of the successful pressure testing of each injection well shall be filed with the oil and gas inspector.

G. Every such injection or disposal well shall be constructed so as to seal the injection zone from the upper portion of the casing. The annulus between the injection tubing and the casing shall be filled with a noncorrosive fluid, then sealed and a one-fourth (1/4) inch female fitting with cut off valve shall be attached so that the pressure in the annulus may be  measured by the oil and gas inspector by attaching a gauge having a one-fourth (1/4) inch male fitting.

H. Injection lines shall be buried in a trench of a depth no less than four (4) feet, and shall be pressure tested (static) annually at a minimum of one hundred fifty percent (150%) of the pressure normally encountered at the injection pump discharge for a period of hours to be fixed by the oil and gas inspector. The oil and gas inspector shall be notified five (5) days in advance of such test and may supervise same. Test results shall be filed with the town upon completion.

I. Domestic and public water supply wells located within a radius of one-quarter • (1/4) mile of any enhanced recovery or disposal well shall be tested prior to beginning injection or disposal and thereafter semi-annually for the presence of deleterious substances, such as chlorides, sulphates and dissolved solids. Such testing is the responsibility of the permittee and at permittee's expense, to be conducted by a person approved by the oil and gas inspector. The oil and gas inspector shall be notified five (5) days in advance of such testing and may be present therefore. Test results shall be filed with the town upon completion.

SECTION 5-808        ANNUAL FEE TO OPERATE.

An annual inspection fee is hereby levied upon each well operated or maintained under a permit issued by the town; such fee shall be in the amount set by the board of trustees, payable to the town on or before the annual anniversary date of the issuance of any permit under this chapter. No permit for any well shall be considered valid for any year for which the annual fee has not been paid. Failure to pay any required permit fee within thirty (30) days of a delinquent notice sent to the latest address provided by the permittee will result in cancellation of the permit.

SECTION 5-809         DISPOSAL OF SALT WATER.

A. Every permittee under this chapter shall be responsible for the safe disposal of salt water or other deleterious substances which he may bring to the surface of the earth and shall provide a plan for such disposal as required in Section 4 A. ( 6). Such disposal shall not result in pollution of the waters of the town and shall not result in any other environmental hazard, and shall incorporate the best available techniques and equipment.

B. In the event of any leakage or spillage of any pollutant or deleterious substance, whatever the cause thereof, the permittee shall cause the oil and gas inspector to be notified thereof promptly. If, in the judgment of the oil and gas inspector, such leakage or spillage represents a potential environmental hazard, he may issue whatever corrective orders he deems appropriate, and additionally may require the appropriate testing of the surface and subsurface for pollutant incursion, the cost of such test or tests to be borne by the permittee.

C. No person shall dispose of salt water or other deleterious substance in any lined or I) unlined earthen pit within the town limits. ~

D. No person shall inject any salt water or other deleterious substance into the annulus between the inside of the surface casing string and the next inside casing string, except when the bottom of the properly cemented surface casing extends two hundred (200) feet or more through or into a continuous impermeable clay barrier below the base of treatable water.

SECTION 5-810        COMPLAINCE WITH APPLICABLE LAWS.

No person shall drill an original well or re-enter an abandoned well for any purpose, or permit to exist any well, structure, equipment, pipeline, machinery, tank or other appurtenance, in violation of any of the provision of this chapter or other town ordinances as may be applicable, or the laws, rules, regulations, operative standards or directives of the state.

SECTION 5-811           SURFACE CASING.

A. Surface casing shall be set a minimum of two hundred (200) feet below the deepest encounter of treatable water found in eight (8) sections adjacent to the section in which the well is located. Logs which identify the base of treatable water, shall be run in the surface hold before the surface pipe is set. A copy of such logs shall be filed with the oil and gas inspector; or surface casing may be set without the above required logging, provided the () applicant can demonstrate to the satisfaction of the oil and gas inspector that the bottom of the surface casing will extend through or into at least two hundred (200) feet of continuous impermeable clay barrier below the base of treatable water, is properly cemented and cement bond logs run with the quality of the cement bond approved by the oil and gas inspector. Surface pipe shall have a centralizer on the shoe joint, and centralizers within fifty (50) feet of the shoe joint, and centralizer no more than two hundred (200) feet apart above the second centralizer.

B. Surface pipe shall be cemented by attempting to circulate good cement to surface by normal displacement practices. If cement cannot be circulated to surface due to washed out hole or lost circulation, the existing cement shall not be over-displaced and a plug shall be left in the bottom of the casting string to be drilled out once the surface is set. The remaining uncemented annular space will then be cemented until good cement is circulated to surface. No further drilling shall be accomplished until the cement has set for at least twenty-four (24) hours, or in the alternative, until samples of the cement have passed independent laboratory tests satisfactory to the oil and gas inspector.

C. Where an existing well is to be used as an injection or disposal site, the existing casing and cement shall be of such integrity and depth as to adequately and safely isolate fresh water producing zones from the seepage or bleeding of injection fluids or disposants. Where additional protective operations are undertaken to comply with this paragraph, the oil and gas inspector shall be notified thereof sufficiently in advance in order for him to be present for such operations.

SECTION 5-812         ABANDONMENT AND PLUGGING.

Whenever any well is abandoned it shall be the obligation of the permittee and the operator of the well to set a two hundred (200) foot cement plug in the bottom of the surface casing, with the bottom of the plug one hundred (100) feet below the surface casing section; and to set a fifty (50) foot cement plug in the top of the surface casing. No surface or conductor string of casing may be pulled or removed from a well. During initial abandonment operations it will be the obligation of the permittee and operator to flood the well with mud-laden fluid weighing not less than nine (9) pounds per gallon, and to circulate this mud until stabilized and the well shall be kept filled to the top with mud-laden fluid of the weight herein specified, at all times; mud-laden fluid of the above specifications will be left in the well bore below and between cement plugs. Any additional provisions or precautionary measures prescribed by the state or the Corporation Commission of the state in connection with the abandonment and plugging of a well shall be complied with by the permittee.

SECTION 5-813         WELL LOCATION.

No permit shall be issued for the drilling of an original well or the re-entry of an abandoned well at any location which is nearer than two hundred (200) feet of any permanent residence or commercial building, or which is closer than three hundred (300) feet to a producing fresh water well.

SECTION 5-814         FENCES.

Any person who completes any well as a producer shall have the obligation to enclose the well, together with its surface sufficiently high and properly built so as to ordinarily keep persons and animals out of the enclosure with all gates thereto to be kept locked when the permittee or his employees are not within the enclosure. Provided, that in non-platted areas the oil and gas inspector, at his discretion, may waive the requirement of any fence or may designate ~e type of fence to be erected. Fences must be kept locked at all times when workers of permittee are not present; a duplicate set of keys to the lock shall be filed with the oil and gas inspector.

SECTION 5-815      NOISE AND OTHER NUISANCES.

All oil operations, drilling and production operations shall be conducted in such a manner as to eliminate, as face as practicable, dust, noise, vibration or noxious odors, and shall be in accordance with the best accepted practices incident to exploration for, drilling for and production of oil, gas and other hydrocarbon substances. Proven technological improvements in exploration, drilling and production methods shall be adopted as they become, from time to time, available, if capable of reducing factors of nuisance and annoyance.

SECTION 5-816          FACILITIES.

All lease equipment shall be painted and maintained in a good state of appearance, and shall have posted in a prominent place a mental sign no less than two (2) feet square in area upon which the following information shall be conspicuous: permittee's name; location of the drill site by reference to the United States survey; identifying number of the permit issued by the town.

SECTION 5-817         STORAGE TANKS AND SEPARATORS.

A. Crude oil storage tanks shall not be constructed, operated or used except to the extent of two (2) steel tanks for oil storage, not exceeding five hundred (500) barrels capacity each and so constructed and maintained as to be vapor tight. Provided, that additional tankage may be approved by the oil and gas inspector.

B. A permittee may use, construct and operate a steel conventional separator and such other steel tanks and appurtenances as are necessary for treating oil with each of such facilities to be so constructed and maintained as to be vapor tight. Each oil, gas separator shall be equipped with both a regulation pressure-relief safety valve and a bursting head.

SECTION 5-818         FIRE PREVENTION.

Adequate firefighting apparatus and supplies approved by the town fire department shall \.,,,.,,,/ be maintained on the drilling site at all times during drilling and production operations. All machinery, equipment and installations on all drilling sites within the town limits shall conform with such requirements as may from time to time be issued by the fire department.

SECTION 5-819         PITS

Steel mud or circulating pits shall be used. Such pits and contents shall be removed from the premises and the drilling site within fifteen ( 15) days after completion of the well. Earthen pits will be allowed only as temporary emergency pits or as catch basins. Catch basin pits shall be used only for the purpose of catching any deleterious substance runoff and shall be not greater than three hundred twenty (320) cubic feet. Such catch basin will be equipped with a liquid level activated pump designed to keep fluids pumped out of such catch basin pit. All such earthen pits must be lined and approved in writing by the oil and gas inspector. Emergency pits shall be emptied as soon as the emergency is over and all such pits shall be emptied and then leveled within fifteen (15) days after completion of the well.

SECTION 5-820            RETAINING WALLS.

A. An earthen retaining wall of adequate size for the terrain involved shall constructed on the low side of the well site constructed on the low side of the well site in the event the well site is located on sloping or unlevel ground. The top of the retaining wall shall be at least level with the top of the base of the Christmas tree or other wellhead connections on any completed well, or at least level with the ground at the point where surface casing is set in the well when drilling.

B. An earthen diversion wall of adequate size for the terrain involved shall be constructed on the high side of the well site in the event the well site is located on sloping or unlevel ground. The diversion wall will be of sufficient height and strength so as to divert runoff waters around the well site.

SECTION 5-821           MOTIVE POWER.

Motive power for all well pumping equipment shall be electricity unless otherwise approved by the oil and gas inspector.

SECTION 5-822        DERRICK AND RIG.

It is unlawful and an offense for any person to use or operate in connection with the drilling, re-entry or reworking of any well within the town, any wooden derrick or any steam powered rig, and all engines shall be equipped with adequate mufflers approved by the oil and gas inspector. Permitting any drilling rig or derrick to remain on the premises or drilling site for a period of longer than sixty ( 60) days after completion or abandonment of a well is hereby prohibited.

SECTION 5-823              DRILLING OPERATION, EQUIPMENT.

All drilling, re-entry and operations at any well performed under this chapter shall be conducted in accordance with the best practices of the reasonably prudent operator. All casing, valves, and blowout preventers, drilling fluid, tubing, bradenhead, Christmas tree and well head connections shall be of a type and quality consistent with the best practices of such reasonably prudent operator. Setting and cementing casing and running drill stem tests shall be performed in a manner and at a time consistent with the best practices of such reasonably prudent operator. Any permittee under this chapter shall observe and follow the recommendations or regulations of the American Petroleum Institute and the Corporation Commission, except in those instances that are specifically addressed by this chapter. A copy of all logs associated with the surface casing shall be filed with the oil and gas inspector.

SECTION 5-824             MOVING OF DRILLING RIG.

It is unlawful and an offense for any person to move or cause to be moved the drilling rig from a well until the hole has been cased or properly plugged unless written permission to do so is obtained from the oil and gas inspector.

SECTION 5-825             STREETS AND ALLEYS.

No well shall be drilled, and no permit shall be issued for any well to be drilled at any location which is within any of the streets or alleys of the town; and no street or alley shall be blocked or encumbered or closed in any drilling or production operation except with the written approval of the oil and gas inspector, and then only temporarily.

SECTION 5-826             FLARING OF GAS.

All produced gas shall either be sold or flared with the flaring procedure being approved by the oil and gas inspector and the fire marshal.

SECTION 5-827           FRACTURE AND ACIDIZING.

In the completion of oil and gas, injection, disposal or service well, where acidizing or fracturing processes are used, no oil, gas or other deleterious substances or pollutants shall be permitted to pollute any surface or subsurface fresh waters.

SECTION 5-828            SWABBING AND BAILING.

In swabbing, bailing or purging a well, all deleterious substances removed from the bore hole shall be placed in appropriate tanks and no substances shall be permitted to pollute any surface or subsurface fresh waters.

SECTION 5-829             REPTURE IN SURFACE CASING.

In the event a rupture, break or opening occurs in the surface or production casing, the permittee or the operator or drilling contractor shall take immediate action to repair it, and shall report the incident to the oil and gas inspector promptly.

SECTION 5-830             DEPOSITING OIL PRODUCTS.

No person shall deposit, drain or divert into or upon any public highway, street or alley, drainage ditch, storm drain, sewer, gutter, paving, creek, river, lake or lagoon, any oil or oily liquid with petroleum content or any mud, rotary mud, sand, water or salt water, or in any manner permit be seepage, overflow, deliberate release or otherwise, any of such substances to escape from any property owned, leased or controlled by such person and flow or be carried into or upon any public highway, street or alley, drainage ditch, storm drain, sewer, gutter, paving, creek, river, lake or lagoon, within the town.

SECTION 5-831         SAFETY PRECAUSTIONS.

Persons drilling, operating or maintaining any well shall use all necessary care and take all precautions which shall be reasonably necessary under the circumstances to protect the public. The provisions of this chapter shall be deemed to be the minimum requirements for the preservation of the public health, safety and welfare, and compliance with the terms hereof shall not be deemed to relieve any persons of any additional duty imposed by law.

SECTION 5-832             WATER FOR MUDS.

In the event a fresh water supply well is drilled to provide water for drilling muds, upon the completion of operations for which such well is required, such well shall be plugged by cementing top to bottom, after notice of intention to so plug is provided the oil and gas inspector, who may supervise the operation.

SECTION 5-833              OIL AND GAS INSPECTOR.

A. The town board of trustees may employ or retain a qualified person, person, firm or corporation as an oil and gas inspector, whose duty it shall be to enforce the provisions of this chapter.

B. The oil and gas inspector shall have the authority to issue such orders or directives as are required to carry out the intent and purpose of this chapter and its particular provisions. Failure to abide by any such order or directive shall be a violation of this chapter.

C. The oil and gas inspector shall have the authority to go upon and inspect any premises covered by the terms of this chapter to ascertain whether this chapter and the applicable laws, rules, regulations, standards or directives of the state are being complied with. Failure to permit access to the oil and gas inspector shall be deemed a violation of this chapter.

D. The oil and gas inspector shall have the authority to request and receive any records specified in this chapter relating to the status or condition of any well or project or the appurtenances there within the town. _Failure to provide any such requested material shall be deemed a violation of this chapter.

SECTION 5-834            SERVICE COMPANIES.

Upon request of the oil and gas inspector, service companies or other persons shall furnish and file reports and records showing perforating, hydraulic fracturing, cementing, shooting, chemical treatment and all other service operations on any site covered by this chapter. Such furnished material shall remain confidential where such confidentiality is usually granted by the state. Failure to provide any such requested material shall be deemed a violation of this

SECTION 5-835            ACCUMULATION OF VAPOR.

The oil and gas inspector shall have the authority to require the immediate shutting in or closing of any well if he finds that there exists, within a one hundred (100) foot radius of any well, any gas or gasoline vapor in a quantity sufficient to constitute, in his judgment, or in the judgment of the town fire marshal, a fire hazard. The well shall remain shut or closed in until the hazard and its cause are removed.

SECTION 5-836                INSPECTION OF PRESSURE LINES.

The oil and gas inspector shall inspect all pressure lines in use at any well or at any project to assure that tubing, fittings, equipment or connections are reasonably tight, safe and free from leaks.

SECTION 5-83 7            INGRESS AND EGRESS.

Lease roads shall be maintained in such a manner as to safely and comfortably allow for ingress and egress of town or state personnel traveling in a common passenger motor vehicle.

SECTION 5-838            ORDER TO CEASE OPERATIONS.

A. If the oil and gas inspector finds that, in his judgment, a hazard to life or natural resources exists, he shall order immediate rectification of the cause. If the permittee takes no immediate measure to reduce the hazard the hazard, or if the situation be so perilous as to constitute an imminent threat to safety, then in either of these events he may order the prompt cessation of activity, and if necessary, the clearance of the premises. •

B. The oil and gas inspector shall apply to the apply to the town board of trustees for a hearing upon such order, which hearing shall be held not longer than twenty-four (24) hours after the issuance of the order by the oil and gas inspector. The town board of trustees shall determine if proper cause did not exist for the order to cease activity to issue, then he shall make whatever ruling is proper to assure rectification of the cause of the peril. Such ruling and compliance with it by the permittee shall not be construed to absolve the permittee of any liability for any violation of this chapter or for any damage or injury caused thereby.

SECTION 5-839             APPEALS.

Any permittee aggrieved by any order, directive or ruling issued by the oil and gas inspector, or by any ruling by the town board of trustees, may appeal the same to the town board of trustees, may appeal the same to the town board of trustees which shall hear the matter at a meeting. The lodging of such appeal shall not stay the enforcement of any of the provisions of this chapter. The town board of trustees, upon hearing the matter, may issue whatever ruling or order is appropriate, provide that such ruling or order be in keeping with the spirit and purpose of this chapter.

SECTION 5-840             REVIEW OF PERMIT RECOMMENDATIONS.

Upon the consideration of any application for a permit required by the terms of this chapter, the oil and gas inspector shall recommend approval or disapproval thereof to the mayor and town board of trustees, who shall review the matter at a town meeting, and thereupon uphold or reverse the recommendation with or without the addition of any conditions thereto.

SECTION 5-841           CONDUITS ON STREETS AND ALLEYS.

A. No permittee shall make any excavations or construct any lines for the conveyance of fuel, water or minerals, on, under or through the streets and alleys of the town without first having obtained a permit it therefor upon application to the oil and gas inspector.

B. The oil and gas inspector shall prescribe the forms to be used for such application and the information to accompany it.

C. Each application for a permit under this section shall be accompanied by a nonrefundable filing fee as set by the board of trustees.

D. The oil and gas inspector shall, within twenty (20) days of receipt of the properly executed application, either grant or deny the request.

E. The granting of any such permit shall not be construed to be the granting of franchise.

SECTION 5-842                ANNUAL FEE FOR CONDUITS.

A. The permittee under this chapter shall pay to the town an annual renewal and inspection fee per rod of conduit multiplied by the number of rods in the conduit for which the permit was issued.

B. The oil and gas inspector shall appoint a representative who may inspect such conduits to assure the public safety. No permit issued under this chapter shall be renewed if the conduit or any part thereof covered by such permit is in an unsafe condition.

SECTION 5-843               APPLICABILITY TO EXISTING CONDITIONS.

A. This chapter shall apply to any person drilling an original well, re-entering an abandoned well, conducting natural or artificial production projects or operations, or maintaining a disposal well within the town on November 1, 1986, and every such person shall have no (l longer than ninety (90) days to come into compliance with this chapter. Provided that: 

1. No initial permit fees shall be charged such person as would otherwise apply; and

2. No penalties shall be sought against any activity violative of this chapter where such activity pre-existed the adoption of this chapter and was otherwise in compliance with the applicable state law, rules, regulations, standards or directives.

SECTION 5-844            INFORMAL COMPLAINTS.

If, upon information or inspection, it is found that a permittee is violating any portion of this chapter or causing damage or pollution to any surface or underground treatable water the oil and gas inspector shall file a written administrative complaint with the town board of trustees, a copy of which shall be delivered or mailed to the permittee or his agent. If upon subsequent inspection, it is determined that the permittee has taken the corrective actions specified, the complaint may be dismissed; otherwise, formal application will be made to the town board of trustees for an order revoking the permit, and for any other appropriate remedy; pending the outcome of the final determination of the town board of trustees on the formal application, the oil and gas inspector shall, after an onsite inspection, have the authority to shut down those operations where conditions appear obvious that surface or underground pollution is occurring.

SECTION 5-845          PENALTIES.

It is unlawful and an offense for any person to violate or neglect to comply with any provisions hereof irrespective of whether or not the verbiage of each section hereof contains the specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate any of the provisions of this chapter, or any of the provisions of a drilling and operating permit issued pursuant hereto, or any condition of the bond filed by the pennittee pursuant to this chapter, or who shall neglect to comply with the terms hereof, shall be punished as provided in Section 1-108 of this code, and the violation of each separate provision thereof shall be considered a separate offense. In addition to the foregoing penalties, it is further provided that the town board of trustees at any regular or special sessions or meeting thereof, may, provided ten (10) days' notice has been given to the permittee that revocation is to be considered at such meeting, revoke or suspend any permit issued under this chapter and under which drilling or producing operations are being conducted in the event the permittee thereof has violated any provision of the permit, the bond, of this chapter. In the event the permit be revoked, the permittee may make application to the oil and gas inspector for re-issuance of such permit, and the action of the town thereon shall be final. Any continuing offense shall be considered a public nuisance, the remedies for which under law shall be in addition to those hereinbefore enumerated.

CHAPTER 9

PENALTY

SECTIONS 5-901     PENALTY.

Any person, firm or corporation who shall engage in any business, trade or vocation for which a license, permit, certificate or registration is required by this part, without having a valid license, permit, certificate, or certificate of registration as required, or who shall fail to do anything required by this part or by any code adopted by this part, or who shall otherwise violate any provision of the chapters in this part or of any code adopted by this part, or who shall violate any lawful regulation or order made by any of the officers provide for in this part, shall be guilty of an offense, and upon conviction thereof, shall be punished as provided in Section 1-108 of this code.

SECTION 5-902        RELIEF IN COURTS.

No penalty imposed by and pursuant to this part shall interfere with the right of the town also to apply to the proper courts of the state for a mandamus, an injunction or other appropriate action against such person, firm or corporation.

CHAPTER 10

HOUSING CODE

SECTION 5-1001           HOUSING CODE ADOPTED.

Ordinance Number 1993-5, adopted 8/10/93, containing the housing code of the town, and all amendments thereto, is hereby adopted and incorporate herein by reference, applicable fully as if set out at length herein. A violation of the housing code is punishable as provided in Section 1-108 of this code. (Added 1993)

CHAPTER 11

FAIR HOUSING

SECTION 5-1101            POLICY.

It is the policy of the Town of Valley Brook to provide, within constitutional limitations, for fair housing throughout the town. (Added 1992)

SECTION 5-1102           DEFINITIONS.

For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section:

1. "Chief executive officer" shall mean mayor;

2. "Discriminatory housing practice" means an act that is unlawful under Sections 5- 1104, 5-1105, and 5-1106;

3. "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof;

4. "Family" includes a single individual;

5. "Person" means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers, and fiduciaries; and

6. "To rent" means to lease, to sublease, to let and otherwise to grant for a r"' consideration the right to occupy premises owned by the occupant. (Added 1992) 

SECTION 5-1103            UNLAWFUL PRACTICE.

Subject to the provisions of paragraph 2 of this section and Section 5-1107, the prohibitions against discrimination in the sale or rental of housing set forth in Section 5-1103 shall apply to:

1. All dwellings except as exempted by paragraph 2 of this section;

2. Nothing in Section 5-1104 shall apply to:

a. Any single-family house sold or rented by an owner; provided that such private individual owner does not own more than three (3) such single-family houses at any one time; provided that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four (24) month period; provided that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) such single-family houses at any one time; that the sale or rental of any such single-family house shall be excepted from the application of this title only if such house is sold or rental:

(1) Without the use iri any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and

(2) Without the publication, posting or mailing, after notice of any advertisement or written notice in violation or paragraph 3 of Section 5- 1104 of this chapter, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or

b. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence;

3. For the purposes of paragraph 2 of this section, a person shall be deemed to be in the business of selling or renting dwellings if:

a. He has within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein, or

b. He has within the preceding twelve (12) months, participated as an agent, other than in the sale of his town personal residence in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein, or

c. He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five ( 5) or more families.

(Added 1992)

SECTION 5-1104              DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.

As made applicable by Section 5-1103 and except as exempted by paragraph 2 of Section 5-1103 and Section 5-1107, it shall be unlawful:

1. To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, or national origin; 

2. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, or national origin;

3. To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, or national origin, or an intention to make any such preference, limitation, or discrimination;

4. To represent to any person because of race, color, religion, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available; or

5. For profit, to induce or attempt to induce any person to sell or rent any dwelling 0 by representations regarding the entry or prospective entry into the neighborhood of a person or U persons of a particular race, color, religion, or national origin.

(Added 1992)

SECTION 5-1105                DISCRIMINATION IN THE FINANCING OF HOUSING.

It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such person or of any person associated with him in connection with such loan or other financial assistance, because of the race, color, religion, national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purpose of such loan or other financial assistance, of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. Nothing contained in this section shall impair the scope or effectiveness of the exception contained in paragraph 2 of Section 5-1103. (Added 1992)

SECTION 5-1106            DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES.

It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, rental or facility to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, or national origin. (Added 1992)

SECTION 5-1107              EXEMPTION.

 Nothing in this chapter shall prohibit organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, form limiting the sale, rental or occupancy of dwellings which it owns or operates for other than commercial purpose to purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (Added 1992) 

SECTION 5-1108              ADMINISTRATION.

A. The authority and responsibility for administering the chapter shall be in the chief executive officer of the town.

B. The chief executive officer may delegate any of these functions, duties, and powers to employees of the town or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing,_ determine, ordering, certifying, reporting or otherwise acting as to any work, business, or matter under this chapter. The chief executive officer shall by rule prescribe such rights of appeal from the decisions of his hearing examiners to other hearing examiners or to other officers in the town, to boards of officers or to himself, as shall be appropriate and in accordance with law.

C. All executive departments and agencies shall administer their programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this chapter and shall cooperate with the chief executive officer to further such purposes. (Added 1992)

SECTION 5-1109            EDUCATION AND CONCILIATION.

Immediately after the enactment of this chapter, the chief executive officer shall commence such educational and conciliatory activities as will further the purposes of this chapter. He shall call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions of this chapter and his suggested means of implementing it, and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement. (Added 1992)

SECTION 5-1110          ENFORCEMENT.

A. Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter "person aggrieved") may file a complaint with the chief executive officer. Complaints shall be in writing and shall contain such information and be in such form as the chief executive officer requires. Upon receipt of such a complaint, the chief executive officer shall furnish a copy of the same to the person or persons who allegedly committed or about to commit the alleged discriminatory housing practice. Within thirty (30) days after receiving a complaint, or within thirty (30) days after the expiration of any period of reference under Subsection C, the chief executive officer shall investigate the complaint and give notice in writing to the person aggrieved whether he intends to resolve it. If the chief executive officer decides to resolve the complaints, he shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of to persons concerned. Any employee of the chief executive officer who shall make public any information in violation of this provision shall be deemed guilty of a misdemeanor and upon V conviction thereof shall be fined not more than One Hundred Dollars ($100.00) or imprisoned not more than thirty (30) days.

B. A complaint under Subsection A shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him and with the leave of the chief executive officer, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. Both complaints and answers shall be verified.

C. If within thirty (30) days after a complaint is filed with the chief executive officer, the chief executive officer has been unable to obtain voluntary compliance with this chapter, the person aggrieved may, within thirty (30) days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development. The chief executive officer will assist in this filing.

D. If the chief executive officer has been unable to obtain voluntary compliance within thirty (30) days of the complaint, the person aggrieved may, within thirty (30) days hereafter commence a civil action in any appropriate court, against the respondent names in the complaint, to enforce the rights granted or protected by this chapter, insofar as such rights relate to the subject of the complaint. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may enjoin the respondent from engaging in such practice or order such affirmative action as may be appropriate.

E. In any proceeding brought pursuant to this section, the burden of proof shall be on the complainant.

F. Whenever an action filed by an individual shall come to trial, the chief executive officer shall immediately terminate all efforts to obtain voluntary compliance. (Added 1992)

SECTION 5-1111               INVESTIGATIONS, SUBPOENAS, GIVING OF EVIDENCE.

A. In conducting an investigation the chief executive officer shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonable necessary for the furtherance of the instigation: Provided however, that the chief executive officer first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The chief executive officer may administer oaths. r__:__1

B. Upon written application to the chief executive officer, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the chief executive officer to the same extent and subject to the same limitations as subpoenas issued at the request of a ~respondent shall show on their face the name and address of such respondent and shall state that they were issued at his request.

C. Within five (5) days after services of a subpoena upon any person, such person may petition the chief executive officer to revoke or modify the subpoena. The chief executive officer shall grant the petition if he finds that the subpoena requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.

D. In case of contumacy or refusal to obey a subpoena, the chief executive officer or other person at whose request it was issued may petition for its enforcement in the municipal or state court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business.

E. Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if in his power to do so, in obedience to the subpoena or lawful order of the chief executive officer shall be guilty of a Class A offense. Any person who, with intent thereby to mislead the chief executive officer, shall make or cause to be made any false entry or statement of fact in any report, account, record, or other document submitted to the chief executive officer pursuant to his subpoena or other order, or shall willfully neglect or fail to make or cause to be made full, true, and correct entries in such reports, accounts, records, or other documents, or shall willfully mutilate, alter, or by any other means falsify any documentary evidence, shall be guilty of a Class A offense.

F. The town attorney shall conduct all litigation in which the chief executive officer participates as a party or as amicus pursuant to this chapter. (Added 1992)

SECTION 5-1112            INTERFERENCE, COERCION, OR INTIMIDATION. 

It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or an account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Sections 5-1103, 5-1104, 5-11005, or 5-1106. This section may be enforced by appropriate civil action. (Added 1992)

SECTION 5-1113             PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES. 

Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with:

I. Any person because of his race, color, religion, or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or

2. Any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from:

a. Participating, without discrimination on account of race, color, religion or national origin, in any of the activities, service, organizations or facilities described in paragraph 1 of this section;

b. Affording another person or class of persons opportunity or protection so to participate; or

3. Any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, or national origin, in any of the activities, services, organizations or facilities described in paragraph 1 of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate, shall be guilty of a Class A offense. (Added 1992)

SECTION 6-101        ORGANIZATION OF MUNICIPAL COURT.

This chapter shall govern the organization and operation of the municipal criminal court

of the Town of Valley Brook as put into operation by resolution duly passed on the and filed in

accordance with law as authorized by Sections 27-101 and 27-102 of Title 11 of the Oklahoma

Statues. To the extent of conflict between any provisions of this chapter and the provisions of

any ordinance of this town, the provisions of this chapter shall control.

State Law Reference: Municipal courts not of record, organizations, rules and procedures,

11 OK§ Sections 27-101 to 27-131.

SECTION 6-102        DEFINITIONS.

As used in this chapter, unless the context requires a different meaning, the following words shall have the meanings ascribed to them in this section:

1. "Chief of Police" means the peace officer in charge of the police force of the municipality; and

2. "Clerk treasurer" means the clerk-treasurer of this municipality, including any deputy or member of the office staff of the clerk-treasurer while performing duties of the court clerk office;

3. "Court" means the municipal criminal court of the Town of Valley Brook;

4. "Governing body" means the board of trustees of the Town of Valley Brook;

5. "Judge" means the judge of the municipal criminal court, including any acting judge or alternate judge thereof as provided for by the statutes of this state and this chapter;

6. "Municipality" or "This municipality" means the Town of Valley Brook, Oklahoma County, Oklahoma; 

7. "This judicial district" means the district court judicial district of the State of Oklahoma wherein the government of this municipality is situated.

SECTION 6-103        JURISDICTION OF COURT.

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

SECTION 6-104        JUDGE, QUALIFICATIONS.

 There shall be one judge of the court. A judge must be licensed to practice law in this state. The judge may engage in the practice of law in other courts, but he shall not accept employment inconsistent with his 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 may serve as judge of other municipal courts, if such service may be accomplished consistently with his duties as judge of this court, with the consent of the governing body. He must be a resident of this county or an adjacent county or maintain a permanent office in this municipality.

SECTION 6-105           TERM OF JUDGE.

The official term of the judge shall be two (2) years expiring on the first day in February in each odd-numbered year. Each judge, unless sooner removed for proper cause, shall serve until his successor is appointed and qualified.

SECTION 6-106           ALTERNATE JUDGE.

There shall be appointed an alternate judge possessed of the same qualifications as the judge. His appointment shall be for the same term and made in the same manner as the judge. He shall sit as 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.

SECTION 6-107          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 in the disposition of pending matters until such time as a judge or alternate judge shall be available.

SECTION 6-108           APPOINTMENT OF JUDGE AND ALTERNATE JUDGE.

Judges and alternate judges shall be appointed by the mayor with the consent of the U governing body. A proposed appointment shall be submitted in writing to the governing body 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 governing body 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 governing body unless the mayor, in writing, withdraws the proposed appointment.

SECTION 6-109             SALARY AND PAYMENTS TO JUDGES.

A. The judge shall receive as set by the town board, payable in the same manner as other officers. The governing body shall provide for compensation of acting or alternate judge of the court.

B. An alternate judge or an acting judge shall be paid for each day devoted to the performance of his duties, except that, for any month, the total payments so calculated shall not exceed the salary of the judge in whose stead he sits. An alternate or acting judge who sits for an entire month shall receive the amount specified in this chapter as the salary of the judge in whose stead he sits.

SECTION 6-110             REMOVAL OF JUDGES.

Judges shall be subject to removal from office, by the governing body, for the causes prescribed by the constitution and laws of this state for the removal of public officials.

SECTION 6-111             VACANCY IN OFFICE OF JUDGE.

A vacancy in the office of judge shall occur if the incumbent:

1. Dies;

2. Resigns;

3. Cease 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. Upon the occurrence of a vacancy in the office of judge, the mayor shall appoint a successor to complete the unexpired term in the same manner as an original appointment is made.

SECTION 6-112            DISQUALIFICATION OF JUDGE.

No change of venue shall be allowed from the municipal court but the judge may be disqualified from sitting under the terms, conditions and procedure 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.

SECTION 6-113            COURT MARSHAL, DUTIES.

The municipal governing body, upon the recommendation of the judge of the municipal court, may designate any appropriate person who is a resident of the municipality to serve as marshal and in the absence of such designation, the chief of police or corresponding officer of the municipality shall be ex officio marshal of the court. The marshal shall execute any writs or other process directed to him, except herein otherwise provided, and such duty may be performed by any deputy directed to him, except herein otherwise provided, and such duty may be performed by any deputy marshal or by any members of the police force of the municipality, as the case may be.

SECTION 6-114            CLERK OF THE COURT, DUTIES, DEPOSIT OF FUNDS.

A. The town clerk-treasurer, or a deputy designated by him, shall be the clerk/treasurer of the court. He shall:

1. Assist the judge in recording the proceedings of the court and in preparing writs, processes and other papers;

2. Administer oaths required in proceedings before the court;

3. Be responsible for the entry of all pleadings, processes, and proceedings in the dockets of the court;

4. Perform such other clerical duties relating to the proceedings of the court as the judge shall direct; and

5. Receive and give receipt for forfeitures, fines, deposits, and sums of money payable to the court.

B. All of the fees, fines, forfeitures and deposits which come to the municipal court shall be paid by the clerk of the court to the municipal clerk-treasurer. The clerk-treasurer shall credit such deposits to the fund designated by the municipal governing body. The court clerk shall make duplicate receipts of the fees, fines and forfeitures collected by him one of which shall be retained by the municipal clerk-treasurer together with a detailed statement of the items of all costs, the style of the case in which they were paid, and the name of the parties paying the same.

SECTION 6-115           PROSECUTING ATTORNEY. DUTIES. CONFLICT OF INTEREST. 

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

SECTION 6-116          BOND OF COURT CLERK.

The judge, the alternate judge, or an acting judge, or any of them, shall give a bond to the governing body in an amount set by the governing body in the form as required by law. When executed, such bond shall be submitted to the governing body for approval. When approved, it shall be filed with the clerk-treasurer of this municipality and retained in the municipal archives.

SECTION 6-117           BOND OF JUDGE.

The judge, the alternate judge, or an acting judge, or any of them, shall give a bond to the governing body in an amount set by the governing body in the form as required by law. When executed, such bond shall be submitted to the governing body for approval. When approved, it shall be filed with the clerk-treasurer of this municipality and retained in the municipal records.

Cross Reference: See Section 2-326 regarding bond of officers generally.

SECTION 6-118                   PROCEDURE, JUDICIAL NOTICE OF STATUTES AND ORDINANCES, WRITS AND PROCESS.

The code of procedure in the municipal court, expert as may be otherwise provided in this chapter, shall be the same as is now provided by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality in which it is located. Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer. All writs and processes of the municipal court wherein a violation of a municipal ordinance is charges, shall be directed to the marshal or chief of police· of the municipality or some other appropriate peace officer.

SECTION 6-119                RULES OF COURT, CONDUCT OF JUDGE.

A. The judge may prescribe rules, consistent with the laws of the state and with the ordinances of this municipality for the proper conduct of the business of the court.

B. The judge shall conduct his court in accordance with the canons of judicial ethics adopted by the American Bar Association.

SECTION 6-120           ENFORCEMENT OF RULES.

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 while holding court, or committed against process issued by him, in the same manner and to the same extent as the district courts of this state.

SECTION 6-121               WRITTEN COMPLAINTS TO PROSECUTE ORDINANCE VIOLATIONS.

All prosecutions commenced in the municipal court shall be by complaint which shall be by complaint which shall be subscribed by the person making complaint and shall be verified before a judge, the court clerk, a deputy court clerk, or a police officer. However, no warrant for an arrest shall be issued until the complaint has been approved by the judge of the municipal court and judicial determination is made that the complaint has prospective merit. All prosecutions for the violation of municipal ordinances shall be styled "The Town of Valley Brook vs. __________ (naming the person or persons charged)."

SECTION 6-122               ARRAIGNMENT AND PLEADING BY DEFENDANT.

The arraignment shall be made by the court. The judge or the prosecuting attorney shall read the complaint to the defendant, inform him of his legal rights, including the right of trial by jury, if available, and of the consequences of conviction, and ask him whether he 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 trail, the court may proceed to try the case, or may set it for hearing at a later date.

SECTION 6-123               FINES IN LIEU OF APPEARANCE.

The governing body may prescribe a schedule of fines which a defendant may pay in lieu of his appearance before the court. Payment of a fine under this section shall constitute a final determination of cause against the defendant. If a defendant who has elected to pay a fine under this section fails to do so, prosecution shall proceed under the provisions of this chapter.

Cross Reference: See also Sec. 6-126 for bond schedule.

SECTION 6-124             PROCEDURES FOR ISSUING CITATION, CUSTODY, ARREST, RIGHT TO BAIL.

A. Whenever a resident or nonresident of the municipality is arrested for the violation of any ordinance, traffic or nontraffic, by a law enforcement officer, the officer shall immediately release such person if he acknowledges receipt of a citation by signing it, unless it reasonably appears to the officer that the person may cause injury to himself or others or damage to property if released or that the person will not appear in response to the citation. If such person fails to appear in response to the citation, a warrant shall be issued for his arrest and his appearance shall be compelled. 

B. Whenever a resident or nonresident of the town is arrested by a law enforcement officer for the violation of any ordinance and is not released by being permitted to sign a citation as provided in Subsection A of this section, he shall be admitted to bail, either before or after arraignment, or released on his own recognizance.

C. Whenever a resident or nonresident of the town is arrested for a violation, other than a traffic violation, by a law enforcement officer, the defendant shall be eligible to be admitted to bail either before or after arraignment.

D. The town may require a person who is arrested for a municipal traffic violation by a law enforcement officer to comply with the procedures provided by law in Section 1114.1 of Title 2 of the Oklahoma Statutes for state traffic violations with respect to release of the arrested person and the methods of posting bail shall apply.

E. When any bond is required for appearance as provided herein, the person charged of an offense shall be released from custody by posting with the municipal court clerk a cash bond for each offense equal to the maximum fine for each such offense and court costs.

F. The amount and conditions of bail granted under Subsection B and C of this section shall be determined by the judge who shall prescribe rules for the receipt of bail and for the release by recognizance. In the event of arrests at night, or other emergency, or when the judge is not available, the chief of police or his designated representative shall be authorized by the judge under such conditions as shall be prescribed by the judge to accept a temporary cash bond in a sufficient amount to secure the appearance of the accused, but in no event shall the cash bond be more than the maximum fine provided by ordinance for each offense charged. The chief of police or his designated representative is authorized subject to such conditions as shall be prescribed by the judge, to release a resident or nonresident of the town on his own recognizance.

Cross Reference: See bail Bond Act, Section 6-127.

SECTION 6-125              PROCEDURES FOR BAIL OR BOND.

Upon arrest, or upon appearance without arrest in response to citation or summons, or at any time before trail, before or after arraignment, the defendant shall be eligible to be released upon giving bail for his 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. 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 designated representative, to accept a temporary cash bond of not less than that sum set by the judge nor more than the maximum monetary penalty provided by ordinance for the offense charged.

Cross Reference: See also Part 9 of this code on bail bondsmen.

SECTION 6-126             BOND SCHEDULE.

The following is a schedule of bonds required for the specified offense. This schedule may be amended from time to time, with a current copy on file in the court clerk's office:                                                                                       Traffic Offenses Amount

1. Transporting open container $100.00

2. Driving under the influence $100.00

3. Failure to obey direct and lawful order $50.00

4. Failure to obey notice to appear $100.00

5. Minor in possession of 3.2 beer $100.00

6. Possession of marijuana $100.00

7. Excessive speed $70.00

8. Inspection sticker $50.00

9. Speeding $50.00

10. Failure to stop for school bus or church bus $100.00

11. Disregarding stop sign $50.00

12. Improper passing $50.00

13. Following too close $50.00

14. Driving too close $50.00

15. Improper backing $50.00

16. Improper equipment $50.00

17. Improper tag display $50.00

18. Passing in a marked no passing zone $70.00

19. Improper starting $50.00

20. Illegal parking $35.00

21. All other moving violations $50.00

22. Improper turning $50.00

23. No state driver's license $100.00

24. Actual physical control $100.00

25. Reckless driving $100.00

26. No insurance verification $100.00

General Offenses Amount

I. Attempts to commit an offense $50.00

2. Aiding in an offense $70.00

Offense against public decency, morality and policy 

3. Gambling prohibited $100.00 V

4. Loitering $35.00

5. Vagrancy $50.00

6. Offenses relating to narcotics $100.00

7. False or bogus checks $100.00

8. Harmful deception $70.00

9. Shows, exhibitions and entertainments $100.00

10. Lewd or indecent conduct $100.00

11. Prostitution, illicit sexual relations, etc. $100.00

12. Conduct and acts prohibited on or near School grounds $100.00 

13. Alcoholic or intoxicating beverages (public drunk) $100.00

14. Low-Point Beer $70.00

Offenses against the peace

15. Carrying concealed weapons $100.00

16. Discharging firearms $50.00

17. Unlawful assembly $70.00

18. Disturbing lawful assemblies $70.00

19. Disturbing the peace $50.00

Offenses against persons

20. Assault and battery $100.00

Offenses against property

21. Petit larceny $70.00

22. Receiving stolen property $100.00

23. Damaging, destroying, etc., property $70.00

24. Unlawful entry $100.00

25. Unlawful intrusion upon land $50.00

26. Posting advertising matter on property of another $50.00

27. Unlawful throwing or shooting of stones or other objects $50.00

28. Littering $50.00

Offenses against public authority

29. Refusing to assist town officer $100.00

30. Resisting arrest $100.00

31. Impersonating town officer or employee $100.00

32. False representation to town officers $70.00

SECTION 6-127          TRAFFIC BAIL BOND ACT

A. In addition to other provision of law for posting bail, any person, whether a resident of this state or a nonresident, who is arrested by a law enforcement officer solely for a misdemeanor violation of a state traffic law or municipal traffic ordinance shall be released by the arresting officer upon personal recognizance if:

1. The arrested person has been issued a valid license to operate a motor vehicle by this state, another state jurisdiction within the United States which is a party to the Nonresident Violator Compact, or any party jurisdiction of the Nonresident Violator Compact;

2. The arresting officer is satisfied as to the identity of the arrested person;

3. The arrested person signs a written promise to appear as provided for on the citation; and

4. The violation does not constitute:

a. A felony;

b. Negligent homicide;

c. Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substance:

d. Eluding or attempting to elude a law enforcement officer;

e. Operating a motor vehicle without having been issued a valid driver's license, or while the license is under suspension, revocation, denial or cancellation;

f. An arrest based upon an outstanding warrant;

g. A traffic violation coupled with any offense stated m subparagraphs a through f of this paragraph;

h. An overweight violation, or the violation of a special permit exceeding the authorized permit weight; or A violation relating to the transportation of hazardous materials.

B. If the arrested person is eligible for release on personal recognizance as provided for in subsection A of this section, then the arresting officer shall:

1. Designate the traffic charge;

2. Record information from the arrested person's driver's license on the citation form, including the name, address, date of birth, personal description, type of driver's license, driver's license number, issuing state, and expiration date;

3. Record the motor vehicle make, model and tag information;

4. Record the arraignment date and time on the citation; and

5. Permit the arrested person to sign a written promise to appear as provided for in the citation. The arresting officer shall then release the person upon personal recognizance based upon the signed promise to appear. The citation shall contain a written notice to the arrested person that release upon personal recognizance based upon a signed written promise to appear for arraignment is conditional and that failure to timely appear for arraignment shall result in the suspension of the arrested person's driver's license in this state, or in the nonresident's home state pursuant to the Nonresident Violator Compact.

C. Procedures for arraignment, continuances and scheduling, timely appearances, pleas of guilty or nolo contendere, posting bail, payment of fines and costs, issuance of arrest warrants, and requests or suspension of driver's license, shall be as required in state law, Sections 1115 .1 through 1115 .1 of Title 22 of the Oklahoma Statutes.

D. A defendant released upon personal recognizance may elect to enter a plea of guilty or nolo contendere to the violation charged at any time before he is required to appear for arraignment by indicating such plea on the copy of the citation furnished to him or on a legible copy thereof, together with the date of the plea and his signature. The defendant shall be responsible for assuring full payment of the fine and costs to the court clerk. The defendant shall not use currency for payment by mail. If the defendant has entered a plea of guilty or nolo contendere as provided for in this subsection, such plea shall be accepted by the court and the amount of the fine and costs shall be as prescribed by ordinance for the violation charged or as prescribed by the court.

E. If, pursuant to the provisions of subsection D of this section, the defendant does not timely elect to enter a plea of guilty or nolo contendere and fails to timely appear for arraignment, the court may issue a warrant for the arrest of the defendant and the municipal or district court clerk, within one hundred twenty (120) calendar days from the date the citation was issued by the arresting officer, shall notify the State Department of Public Safety that:

1. Defendant was issued a traffic citation and released upon personal recognizance after signing a written promise to appear for arraignment as provided for in the citation;

2. The defendant has failed to appear for arraignment without good cause shown;

3. The defendant has not posted bail, paid a fine, or made any other arrangement with the court to satisfy the citation; and

4. The citation has not been satisfied as provided by law. The court clerk shall request the State Department of Public Safety to either suspend the defendant's driver's license to operate a motor vehicle in this state, or notify the defendant's home state and request suspension of the defendant's driver's license in accordance with the provisions of the Nonresident Violator Compact. Such notice and request shall be on a form approved or furnished by the State Department of Public Safety. The court clerk shall not process the notification and request provided for in this subsection if, with respect to such charges:

1. The defendant was arraigned, posted bail, paid a fine, was jailed, or otherwise settled the case;

2. The defendant was not released upon personal recognizance upon a signed written promise to appear as provided for in this section or if released, was not permitted to remain on such personal recognizance for arraignment;

3. • The violation relates to parking or standing, an overweight violation, an overweight permit, or the transportation of hazardous materials; or

4. A period of one hundred twenty (120) calendar days or more has elapsed from the date the citation was issued by the arresting officer.

F. The court clerk shall maintain a record of each request for driver's license suspension submitted to the State Department of Public Safety pursuant to the provisions of this section. When the court or court clerk receives appropriate bail or payment of the fine and costs, settles the citation, makes other arrangements with the defendant, or otherwise closes the case, the court clerk shall furnish proof thereof to such defendant, if the defendant personally appears, or shall mail such proof by first class mail, postage prepaid, to the defendant at the address noted on the citation or at such other address as is furnished by the defendant. Additionally, the court or court clerk shall notify the home jurisdiction of the defendant as listed on the citation, if such jurisdiction is a member of the Nonresident Violator Compact, and shall in all other cases, notify the State Department of Public Safety of the resolution of the case. The form of proof and the procedures for notification shall be approved by the State Department of Public Safety. Provided ~J however, the court or court clerk's failure to furnish such proof or notice in the manner provided V for in this subsection shall in no event create any civil liability upon the court, the court clerk, the state or any political subdivision thereof, or any state department or agency or any employee thereof but duplicate proof shall be furnished to the person entitled thereto upon request.

(Amended 1996)

SECTION 6-128             FAIL URE TO APPEAR IN COURT; PENAL TY FOR VIOLATION.

A. If, without sufficient cause, a defendant fails to appear according to the terms and conditions of his bond, either for hearing, arraignment, trail or judgment, or to surrender himself in execution of the judgment, or upon any occasion when his presence in court may be lawfully required including traffic citations, the failure to appear shall constitute a separate offense against the town.

B. The failure to appear in court shall result in the forfeiture of defendant's bond, if any, posted for the underlying charge, and any money that has been deposited as bail forfeited and the proceeds thereof paid to the clerk of the court; and further, any person, firm or corporation or other legal entity which shall violate any of the provisions of this section or fail to comply therewith, or with any of the requirements thereof, shall be deemed guilty of an offense punishable as provided by Section 1-108 of this code. (Amended 1992)

SECTION 6-128.1            ENFORCEMENT OF ORDERS. RULES AND JUDGEMENTS; 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 while holding court, or committed against process issued by him, in the same manner and to the same extent as the district courts of this state. It shall be unlawful for any person to knowingly or willfully fail to obey an order of the municipal judge to pay a fine, administrative fee, probation fee or court cost or fail to perform community service as ordered. (Added 1992)

SECTION 6-129 CREATION OF TRAFFIC VIOLATIONS BUREAU.

A. There may be established a traffic violations bureau for the town. The judge may establish rules, consistent with the laws of the state and with the ordinances of this municipality, for the traffic violations bureau.

B. The traffic violations bureau shall be staffed by court personnel and be physically separate and apart from the police department.

C. 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 governing body from time to time by motion or resolution. A copy shall be kept in the clerk-treasurer's office.

1. A second or subsequent offense of the same violation;

2. 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; ~

3. Leaving the scene of an accident;

4. Driving while license is suspended or revoked;

5. Reckless driving;

6. Careless driving; or

7. Any charge made because of motor vehicle accident in which personal injury or death occurred.

D. 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.

SECTION 6-130           SUMMONS.

A. Upon the filing of complaint charging violation of an ordinance, the judge, unless he determines to issue a warrant of arrest, or unless the defendant previously has been issued a citation of has been arrested and has given bond for appearance, shall issue a summons, naming the person charged, specifying his address or place of residence, if known, stating the offense with which he is charged and giving him notice to answer the charge in the court on a day certain, containing a provision for the official return of the summons, and including such other pertinent information as may be necessary.

B. The summons shall be served by delivering a copy to the defendant personally. If he fails to appear and to answer the summons within the prescribed period, a warrant shall be issued for his arrest, as provided in this chapter.

SECTION 6-131              FORM OF ARREST WARRANT.

A. Except as otherwise provided in the ordinances of this municipality, upon the filing of a complaint approved by the judge, and there shall be issued a warrant of arrest, in substantially the following form: The Town of Valley Brook, Oklahoma, to the Marshal of the Municipal Court of Valley Brook, 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 (naming of defendant) thereof, you are commanded therefor forthwith to arrest the above named defendant and bring ____ before me, at the municipal courtroom, Witness my hand this __ day of _____ 19_. Judge of the Municipal Court Valley Brook, Oklahoma.

B. It is the duty of the marshal, personally, or through a duly constituted member of the police force of this municipality, or through any other person lawfully authorized so to act, to execute a warrant as promptly as possible.

SECTION 6-132              TRIALS AND JUDGMENTS.

A. Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof.

B. The defendant must be present in person at the trial except as otherwise provided.

C. Two (2) or more persons jointly charged with the same offense may be tried together or separately.

D. 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.

E. At the close of trial, judgment may be rendered immediately by the judge who shall cause it to be entered in his docket, or the judge may take his decision or judgment under advisement and render his decision prior or at the next regular court docket.

F. If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once.

SECTION 6-133                    TRIAL BY JURY AND WAIVER.

A. In all prosecutions in the municipal court for any offense for which the town, with the concurrence of the court, seeks imposition of a fine of more than Five Hundred Dollars ($500.00), excluding court costs, or imprisonment, or both such fine and imprisonment, a jury trial shall be had unless waived by the defendant and the municipality. In prosecutions for all other offenses, or in cases wherein a jury trial is waived by the defendant and the town, trial shall be to the court. A jury in the municipal court shall consist of six (6) jurors, five of whom may return a verdict. Jurors shall be good and lawful men or women, citizens of the county in which the court sits, having the qualifications of jurors in the district court.

B. At arraignment, the defendant shall be asked whether he demands or waives trial by jury. His election shall be recorded in the minutes of the arraignment and entered on the docket of the court respecting proceedings in the case.

C. 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.

State Law Reference: Jury trial, required for fines for over $100.00, 11 O.S. Sections 27- 119.

SECTIONS 6-134             JURORS AND JURY TRIAL PROCEDURES.

A. 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 of the calendar begins. If it is anticipated that the completion of the calendar will required more than two (2) weeks, the request for the jurors shall specify the number required for each two (2) 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 the state law.

B. 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 OKLAHOMA )

TO ______ , GREETINGS: you hereby are summoned to appear in the Municipal Court

for the Town of Valley Broolc, Oklahoma, to be held at _______ on the __ day of

_____ 19_, at the hour of __ o'clock _.M., to serve as a juror in said court, and to

continue in such service until discharge by the court.

Hereof fail not, under penalty of law.

Issued under the authority of said court, this __ day of ___ , 19_.

Clerk of the Municipal Court of the Town of Valley Brook,

Oklahoma

C. Service shall be made, as the judge may prescribe by rule or direct by order, either in person upon the juror by the marshal of the court or by any member of the police force of this municipality, or by the clerk of the court, through certified mail, directed to the juror at his 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 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 was properly served therewith.

D. A jury in the court shall consist of six (6) jurors, good and lawful men or women, citizens of the County of Oklahoma, possessing the qualifications of jurors in district court.

E. 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.

F. A verdict of the jury may be rendered by the vote of five (5) jurors.

G. 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. He also shall instruct the jury as to the law.

H. 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.

I. 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.

J. Jurors shall receive for their services the sum as set by the governing body per day, plus mileage for miles necessarily traveled by the most direct route in going to and from the court from their respective places of residence. The claims for such compensation shall show the location of the juror's residence and the route and miles traveled, and must be verified as other claims against the town are verified. Jurors shall be paid out of the general funds of the town.

SECTION 6-135             WITNESS FEES.

Witnesses in any proceeding in the court other than the police officers or peace officers may be entitled to a fee as set by the town 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 municipality. 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 name of no more than three (3) witnesses;

2. That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law; I)

3. That the testimony of the witnesses is material; and

4. That their attendance at the trial is necessary for his proper defense. The fees of such witnesses shall be paid by the municipality.

SECTION 6-136             EXECUTION OF SENTENCE.

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.

SECTION 6-137                 ENFORCEMENT OF PAYMENT OF FINES OR COSTS BY IMPRISONMENT, PERSONS UNABLE TO PAY.

A. If a defendant who is financially able to refuses or neglects to pay a fine or costs or both, payment may be enforced by imprisonment until the same shall be satisfied at the rate of Five Dollars ($5.00) per day. 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 of Oklahoma County where it shall be entered upon the district court 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.

B. 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 Five Dollars ($5.00) toward any fine or costs or witness or juror fees or mileage until same are satisfied.

C. The chief of police, subject to the direction of the town administrator, shall direct where the work shall be performed. The head of the department in charge of the place where the work is to be perf onned, himself or by some person designated by him, shall oversee the work. If a guard is necessary, the chief of police shall make provision therefor.

SECTION 6-138             DEFERRED SENTENCE, SUSPENSION OF JUDGMENT OR COSTS, RECONFINEMET, ADMINISTRATIVVE FEE.

A. The judge of the municipal court imposing a judgment or sentence, at his discretion, is empowered to modify, reduce or suspend or defer the imposition of such sentence or any part thereof and to modify, reduce or suspend or def er the imposition of such sentence or any part thereof and to authorized probation for a period not to exceed six (6) months from the date of sentence, upon such terms or conditions as the court may specify. Procedures relating to suspension of the judgment or cost, or both, shall be as provided in Section 27-123 of Title 11 of the Oklahoma Statutes. Upon completion of the probation term, the defendant shall be discharged without a court judgment of guilt, and the verdict, judgment of guilty or plea of guilty, shall be expunged from the record, and the charge dismissed with prejudice to any further action. Upon a finding of the court that the conditions of probation have been violated the municipal judge may enter a judgment of guilty.

B. The judge of the municipal court may continue or delay imposing a judgment or sentence for a period not to exceed six (6) months from the date of sentence. At the expiration of such period of time the judge may allow the charge to be amended to a lesser offense.

C. If a deferred sentence is imposed as provided in subsections A and B above, an administrative fee, in an amount not to exceed $750.00 may be imposed as additional court costs in the case. ( Amended 2007)

SECTION 6-139                 SUPERVISION OF JUVENILES ON PAROLE OR PROBATION.

In addition to the duties otherwise provided by law, the judge of the municipal court, or some other person designated by the governing body, may be required to supervise suspended sentences pronounced and adjudged by the municipal court.

SECTION 6-140              DOCKET REQUIRED.

The municipal judge shall keep a docket in which he shall state the name of the complainant, the nature or character of the offense, the date of the payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in such case.

SECTION 6-141                 SECURITY FOR COSTS REQUIRED.

When application is made by any person to commence any prosecution in the municipal court, the municipal judge may, in his discretion, before any such proceeding is commenced, require the person making such to give good and sufficient security for costs in the event the prosecution should fail which security shall be given before any proceeding shall be commenced.

SECTION 6-142                    AMENDMENTS TO PROCESS, PLEADINGS.

The court may amend or permit to be amended any process or pleading for any omission or defect therein, or for any variance between the complaint and the evidence adduced at the trial. If the defendant is substantially prejudiced in the presentation of his case as a result of the amendment, the court may adjourn the hearing to some future time, upon such terms as it may think proper.

SECTION 6-143                  COSTS, FINES, FEES AND COSTS OF INCARCERATION.

In addition to any fine or fee that may be imposed under the ordinances of the Town of Valley Brook, the court may tax costs and expenses to the defendant as follows:

A. A sum not greater than $30.00, or the maximum allowed by state law, whichever is greater. Fees and mileage of jurors and witnesses as provided in this code are payable by the defendant in addition to any fines, costs or fees assessed.

B. The court can require a person confined in a town, city or county jail for any offense to pay the jail facility cost of incarceration, both before and after conviction, including the cost of a holding cell, and upon completion or receiving a deferred sentence. The cost of incarceration shall be collected by the clerk of the court. The cost of incarceration shall include booking, receiving and processing out, housing, food, clothing, medical care, dental care and psychiatric services. The cost of incarceration shall be an amount equal to the actual cost of the services and shall be determined by the chief of police for town jails or by the county sheriff for county jails or by contract amount, if applicable. The cost of incarceration shall be paid to the town. Except for medical costs, incarceration costs shall not be assessed if, in the judgment of the court, such costs would impose a manifest hardship on the person or if in the opinion of the court, the property of the person is needed for the maintenance and support of immediate family.

C. Any defendant or off ender receiving routine or emergency medical services or medications or are injured during the commission of a misdemeanor offense and administered any medical care shall be required to reimburse the Town the full amount paid by the Town for any medical care or treatment administered to such offender during such period of incarceration or preceding incarceration in the jail facility. Nothing herein shall require the Town to pay or provide any such medical cost.

D. A municipal court technology fee shall be and is hereby established in the amount of $25.00. The fee shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for the offense and assessed on every citation disposed in municipal court except those that are voided, declined for prosecution, dismissed without cost, or 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 related to the administration of the criminal justice system and the cost of prosecution.

SECTION 6-144             APPEALS.

A. An appeal may be taken from a final judgment of the municipal court by the defendant by filing in the district court in the county where the situs of the municipal government is located, within ten (10) days from the date of the final judgment, a notice of appeal and by filing a copy of the notice with the municipal court. In case of an appeal, a trial de novo shall be had, and there shall be a right to a jury trial if the offense is punishable by a fine of more than Five Hundred Dollars ($500.00).

B. Upon conviction, at the request of the defendant, or upon notice of appeal being filed, the judge of the municipal, court shall enter an order on his docket fixing an amount in which bond may be given by the defendant, in cash or securities for cash in an amount of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00); except that if the conviction involved a fine only, the amount of the bond shall be no greater than twice the amount of such fine. Bond shall be taken by the clerk of the court. Any pledge of sureties must be approved by the judge.

C. Upon appeal being filed, the judge shall within ten (10) days thereafter certify to the clerk of the appellate court the original papers in the case. If the papers have not been certified to the appellate court, the town attorney shall take the necessary steps to have the papers certified to the appellate court within twenty (20) days of the judgment, and failure to do so, except for good cause shown, shall be grounds for dismissal of the charge by the appellate court, the cost to be taxed to the town. The certificate shall state whether or not the municipal judge hearing the case was a licensed attorney in Oklahoma.

D. All proceedings necessary to carry the judgment into effect shall be had in the appellate court.

SECTION 6-145                 PENALTY ASSESMENT.

In addition to the court costs provided herein, a penalty assessment and other fees required by state law shall be assessed against each person:

Convicted in municipal court and assessed a fine of Ten Dollars ($10.00) or more;

2. Receiving a jail sentence; or

3. Forfeiting any bond, bail or surety.

This penalty assessment and fees must be assessed in addition to any fine or court costs levied by

the court.

SECTION 6-146                     FEE FOR AN EXTENSION OF TIME TO PAY FINES AND COSTS.

In addition to any fine that may be imposed under the ordinances of this code and in addition to any court costs to the defendant taxed by the court, every time a defendant is granted an extension on time to pay fines, fees, or court costs by the judge there shall be a charge to the defendant of Ten Dollars ($10.00). (Added 1993)

SECTION 6-147             EXPUNGEMENT FEE.

The fee for processing an Expungement Order from the District Court presented to the Town of Valley Brook shall be $150.00 PARENT, LEGAL GUARDIAN, LEGAL CUSTODIAN OR OTHER RESPONSIBLE ADULT SHALL SIGN A WRITTEN PROMISE TO RETURN CHILD TO THE MUNICIPAL COURT TO ANSWER MUNICIPAL CHARGES.

A. When a minor child taken into police custody for violation of a municipal ordinance is released to the personal custody of the child's parent, legal guardian, legal custodian or other responsible adult such person shall sign a written promise to return the child to the municipal court to answer the municipal charges on the date and at the time set by the municipal court and to assume responsibility for cost for damages by the child if the child causes damages while committing any acts in violation of municipal ordinance after being released. The failure of the parent, legal guardian, legal custodian or other responsible adult to comply with the written promise shall constitute an offense and the penalty for violation of this ordinance shall be as provided in the general penalty section of the municipal ordinances.

B. The refusal of the parent, legal guardian or legal custodian to assume custody of a minor child taken into police custody for violation of a municipal ordinance shall constitute an offense and the penalty for violation of this ordinance shall be as provided in the general penalty section of the municipal ordinances.

SECTION 6-149                COURTROOM SECURITY FEE.

In addition to the Court costs provided herein a $10.00 courtroom security assessment C

shall be assessed against each person:

1. Convicted in municipal court.

2. Having received a dismissal of the charge with the payment of court costs.

3. Receiving a jail sentence; or

4. Forfeiting any bond, bail or security.

This courtroom security fee shall be assessed in addition to any fine or court cost ordered by the

court.

SECTION 7-10 1           DEPOSITORIES DESIGNATED; FUNDS TO BE DEPOSITED.

All banks and all savings and loan associations in this town which are incorporated under federal or state law are hereby designated as depositories for the funds of the town. The town treasurer shall deposit daily all public funds received by him in such banks or savings and loan associations.

 State Law Reference: Deposits by treasurers, designation of depositories; 11 O.S. Section 12-110.

SECTION 7-102           FUNDS SECURED BY UNIT COLLATERAL SYSTEM.

The deposits of the town shall be secured by the Unit Collateral System provided by the Oklahoma Statutes.

State Law Reference: Unit Collateral System, 62 O.S. Sections 516.1 et seq.

SECTION 7-103             CONTRACTUAL SERVICES DEFINED FOR PURCHASING.

"Contractual services" for the purpose of this chapter means services performed for the town by persons not in the employment 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 employment of the town.

SECTION 7-104            PURCHASES, HOW MADE.

All purchases of supplies, materials, equipment and contractual services for the offices, departments and agencies of the town government, shall be made by the town board of trustees or by other town personnel in accordance with purchase authorizations issued by the town board of trustees. 

SECTION 7-105               BOARD OF TRUSTEES, INTERESTS PROHIBITED.

No member of the board of trustees of the town may sell, or furnish for a consideration, any materials or supplies for use of the town; and any member of the board voting for, or consenting to, or being a part to, such contract or purchase is personally liable as provided by Oklahoma Statutes. The board of trustees of the town shall not make any contract with any of its members, or in which any of its members shall be directly or indirectly interested. No officer of the town may become directly or indirectly interested individually in any sale, lease, or contract which he is authorized to make.

State Law Reference: Purchase Order Act, 62 O.S. Sections 310.1 et seq.

SECTION 7-106             COMPETITIVE BIDDING.

Before any purchase of, or contract for, supplies, materials, equipment or contractual services are made, as otherwise provided below, the town purchasing authority shall submit to at least three (3) persons, firms or corporations dealing in and able to supply the same, or to a smaller number if there are not three (3) 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. He shall favor a person, firm or corporation in the town when this can be done without additional cost to the town; but he 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 he thinks that by so doing he can make a saving for the town; and shall purchase from them when he can make a saving for the town. All bids shall be sealed and shall be opened in public at a designated time and place. He 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, or again publish notice of the proposed purchase. He 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.

State Law Reference: Public competitive bidding law, bidding required on construction and public works projects over $7,500, 61 O.S. Sections 101 et seq.

SECTION 7-107              WHEN COMPETITIVE BIDDING IS NOT REQUIRED.

The following may be purchased without giving an opportunity for competitive bidding:

I. Supplies, materials, equipment or contractual services whose cost does not exceed Three Thousand Five Hundred Dollars ($3,500.00) 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, 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.

SECTION 7-108           SALES, TOWN BOARD OF TRUSTEES TO DECLARE SURPLUS OR OBSOLETE COMPETITIVE BIDDING.

No surplus or obsolete supplies, materials or equipment may be sold until the town board of trustees has declared them obsolete or surplus. Before the town board of trustees sells any surplus or obsolete supplies, materials or equipment, except as otherwise provided below, they shall be advertised for sale in a newspaper of general circulation in the town or give notice in such other manner as the board of trustees deems necessary adequately to reach prospective buyers to give them opportunity to make bids. All bids shall be sealed and shall be opened in public at a designated time and place, except when the sale is by auction. The town board of trustees may repeatedly reject all bids and advertise or give notice again. The town board of trustees shall sell such supplies, materials or equipment to the highest responsible bidder for cash. In case of a tie, the board of trustees may sell to either of the bidders tying, or may divide the sale among two (2) or more tying, always selling to the highest responsible bidder or bidders for cash.

SECTION 7-109            WHEN COMPETITIVE BIDDING IS NOT REQUIRED ON SALES.

The town board of trustees may sell the following without giving an opportunity for competitive bidding:

1. Surplus or obsolete supplies, materials or equipment whose total value does not exceed Five Hundred Dollars ($500.00) in a single transaction; and

2. Supplies, materials or equipment when sold at a price at least as great as that paid by the town for the same. 

CHAPTER 2

SALES TAX

SECTION 7-201         CITATION AND CODIFICATION.

This chapter shall be known and may be cited as "Town of Valley Brook Sales Tax Ordinance."

State Law Reference: Authority to levy (sales) taxes for municipal purposes, 68 O.S. Section 2701; State Sales Tax Code 68 O.S. Sections 1350 et seq.

Ed. Note: Ordinance No. ____ levied a one-cent tax. Ord. No. 1978-11, effective March 1, 1979, levied an additional one-cent tax. Ord. No. 1983-8, effective October 21, 1983, levied a third one-cent tax.

SECTION 7-202           DEFINITIONS.

The definitions of words, terms and phrases contained in the Oklahoma Sales Tax Code, Section 1352 of Title 68 of the Oklahoma Statutes, and Sections 576 and 593 of Title 3 7 of the Oklahoma Statutes, are hereby adopted by reference and made a part of this chapter.

SECTION 7-203            TAX COLLECTOR DEFINED.

The term "tax collector" as used in this chapter means the department of the town or the official agency of the state duly designated according to law or contract, and authorized by law to administer the collection of the tax levied in this chapter.

SECTION 7-204             CLASSIFICATION OF TAXPAYERS.

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

SECTION 7-205              SUBSISTING STATE PERMITS.

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

SECTION 7-206            EFFECTIVE DATE.

This chapter became effective as to each cent tax after approval of a majority of the registered voters of the town voting on the ordinance in the manner prescribed by Section 16-112 of Title 11 of the Oklahoma Statutes.

SECTION 7-207                PURPOSE OF REVENUES.

It is the purpose of the sales tax levied herein to provide revenues for the support of the functions of the municipal government of the town.

SECTION 7-208               TAX RATE - SALES SUBJECT TO TAX.

There is hereby levied an excise tax of three percent (3%) upon the gross proceeds or gross receipts derived from all sales taxable under the Oklahoma Sales Tax Code including but not exclusive of the following:

1. Tangible personal property;

2. Natural or artificial gas, electricity, ice, steam, or any other utility or public service except water and those specifically exempt by this chapter;

3. Transportation for hire of persons by common carriers, including railroads, both steam and electric, motor transportation companies, taxicab companies, pullman car companies, airlines and all other means of transportation for hire;

4. Service by telephone and telegraph companies to subscribers or users, including transmission of messages, whether local or long distance. This shall include all services and rental charges having any connection with transmission of any message;

5. Printing or printed matter of all types, kinds, and characters and the service of printing or over-printing, including tlw copying of information by mimeograph or multi-graph or by otherwise duplicating written or printed matter in any manner, or the production of microfiche containing information on magnetic tapes furnished by customers;

6. Service of furnishing rooms by hotel, apartment hotel, public rooming house, motel, public lodging house or tourist camps;

7. Service of furnishing storage or parking privileges by auto hotels and parking lots;

8. Selling, renting or otherwise furnishing computer hardware or software or coding sheets, cards or magnetic tapes on which prewritten programs have been coded, punched or otherwise recorded;

9. Food, confections and all drinks sold or dispensed by hotels, restaurants, or other dispensers, and sold for immediate consumption upon the I premises or delivered or carried away from the premises for consumption elsewhere;

10. Advertising of all kinds, types and character, including any and all devices used for advertising purposes and the servicing of any advertising devices, except those specifically exempt by this chapter;

11. Dues or fees to clubs including free or complimentary dues or fees which shall have the value equivalent to the charge that would have otherwise been made, including any fees paid for the use of facilities or services rendered at a health spa or club or any similar facility or business;

12. Sales of tickets, fees or other charges made for admission to or voluntary contributions made to places of amusement, sports entertainment, exhibition, display or other recreational events or activities, including free or complimentary admissions which shall have the value equivalent to the charge that would have otherwise been made;

13. Charges made for the privilege of entering or engaging in any kind of activity, when no admission is charged spectators, such as tennis, racket ball or hand ball courts;

14. Charges made for the privilege of using items for amusement, sports, entertainment or recreational activity such as trampolines or golf carts;

15. The rental of equipment for amusement, sports, entertainment or other 11 recreational activities, such as bowling shoes, skates, golf carts, or other sports and athletic equipment;

16. The gross receipts from sales through any vending machine, without any deduction for rental to locate the vending machine on the premises of a person who is not the owner or any other deductions therefrom;

17. Gross receipts or gross proceeds from the rental or lease of tangible personal property, including rental or lease of personal property when the rental or lease agreement requires the vendor to launder, clean, repair or otherwise service the rented or leased property on a regular basis, without any deduction for the cost of the service rendered. Provided if the rental or lease charge is based on the retail value of the property at the time of making the rental or lease agreement and the expected life of the property, and the rental or lease charge is separately stated from the service cost in the statement, bill or invoice delivered to the consumer, the cost of services rendered shall be deducted from the gross receipts or gross proceeds;

18. Any licensing agreement, rental, lease or other device or instrument whereby rights to possess or exhibit motion pictures or filmed performances or rights to receive images, pictures or performances for telecast by any method are transferred. Provided, persons regularly engaged in the business of exhibiting motion pictures for which the sale of tickets or admissions is taxed under this chapter shall not be deemed r\ to be consumers or users in respect to the licensing or exhibiting of copyrighted motion picture features, shorts, cartoons and scenes from copyrighted features and the sale or licensing of such films shall not be considered a sale within the purview of this chapter;

19. Flowers, plants, shrubs, trees and other floral items, whether or not same was produced by the vendor, sold by persons engaged in florist or nursery business in this state, including all orders taken by an Oklahoma business for delivery in another state. Provided, all orders taken outside this state for delivery within this state shall not be subject to the tax levied by this chapter;

20. Tangible personal property sold to persons, peddlers, solicitors or other salesmen, for resale where there is likelihood that this state will lose tax revenue due to the difficulty of enforcing this chapter because of:

a. The operation of the business;

b. The nature of the business;

c. The turnover of independent contractors;

d. The lack of place of business in which to display a permit or keep records;

e. Lack of adequate records;

f. The persons are minors or transients;

g. The persons are engaged in service businesses; or

h. Any other reasonable reason;

21. Any taxable services and tangible personal property including materials, supplies and equipment sold to contractors for the purpose of developing and improving real estate even though such real estate is intended for resale as real property are hereby declared to be sales to consumers or users and taxable; and

22. Any taxable services and tangible personal property sold to persons who are primarily engaged in selling their services, such as repairmen, are hereby declared to be sales to consumers or users and taxable.

SECTION 7-209         EXEMPTIONS; SALES SUBJECT TO OTHER TAX.

There is hereby specifically exempted from the tax levied by this chapter the gross receipts or gross proceeds exempted from the Oklahoma Sales Tax Code inclusive, but not exclusive of, and derived from the:

1. Sale of gasoline or motor fuel on which the motor fuel tax, gasoline excise tax or special fuels tax levied by state law has been paid;

2. Sale of motor vehicles or any optional equipment or accessories attached to motor vehicles on which the Oklahoma Motor Vehicle Excise Tax levied by state law has been paid;

3. Sale of crude petroleum or natural or casinghead gas and other products subject to gross production tax under state law. This exemption shall not apply when such products are sold to consumer or user for consumption or use, except when used for injection into the earth for the purpose of promoting or facilitating the production of oil or gas. This paragraph shall not operate to increase or repeal the gross production tax levied by the laws of this state; and

4. Sale of aircraft on which the tax levied pursuant to Sections 6001 through 6004 of Title 68 of the Oklahoma Statutes has been paid. The provisions of this paragraph shall not become operative until July 1, 1984.

SECTION 7-210            EXEMPTIONS; GOVERNMENTAL AND NONPROFIT ENTITIES.

There are hereby specifically exempted from the tax levied by this chapter:

1. Sale of tangible personal property or services to the United States government or to the State of Oklahoma, any political subdivision of this state or any agency of a political subdivision of the state; provided, all sales to contractors in connection with the performance of any contract with the United States Government, State of Oklahoma or any of its political subdivisions shall not be exempted from the tax levied by this chapter, except as hereinafter provided;

2. Sales of property to agents appointed or contracted with by agencies or instrumentalities of the United States Government if ownership and possession of such property transfers immediately to the United States Government;

3. Sales made directly by county, district or state fair authorities of this state, upon the premises of the fair authority, for the sole benefit of the fair authority;

4. Sale of food in cafeterias or lunch rooms of elementary schools, high schools, colleges or universities which are operated primarily for teachers and pupils and are not operated primarily for the public or for profit;

5. Dues paid to fraternal, religious, civic, charitable or educational societies or organizations by regular members thereof, provided, such societies or organizations operate under what is commonly termed the lodge plan or system, and provided such societies or organizations do not operate for a profit which inures to the benefit of any individual member or members thereof to the exclusion of other members;

6. Sale of tangible personal property or services to or by churches, except sales made in the course of business for profit or savings, competing with other ~ persons engaged in the same or similar business;

7. The amount of proceeds received from the sale of admission tickets which is separately stated on the ticket of admission for the repayment of money borrowed by any accredited state-supported college or university for the purpose of constructing or enlarging any facility to be used for the staging of an athletic event, a theatrical production, or any other form of entertainment, edification or cultural cultivation to which entry is gained with a paid admission ticket. Such facilities include, but are not limited to, athletic fields, athletic stadiums, field houses, amphitheaters and theaters. To be eligible for this sales tax exemption, the amount separately stated on the admission ticket shall be a surcharge which is imposed, collected and used for the sole purpose of servicing or aiding in the servicing of debt incurred by the college or university to effect the capital improvements hereinbefore described;

8. Sales of tangible personal property or services to the council organizations or similar state supervisory organizations of the Boy Scouts of America, Girl Scouts of U.S.A. and the Campfire Girls shall be exempt from sales tax;

9. Sale of tangible personal property or services to any county, municipality, public school district, the institutions of the Oklahoma system of higher r~ education and the Grand River Dam Authority, or to any person with whom any of the V above named subdivisions or agencies of this state has duly entered into a public contract pursuant to law, necessary for carrying out such public contract or to any subcontractor to such a public contract. Any person making purchases on behalf of such subdivision or agency of this state shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the purchases are made for and on behalf of such subdivision or agency of this state and set out the name of such public subdivision or agency. Any person who wrongfully or erroneously certifies that purchases are for any of the above named subdivision or agencies of this state or who otherwise violates this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount equal to double the amount of the sales tax involved or incarcerated for not more than sixty (60) days or both;

10. Sales of tangible personal property or services to private institutions of higher education and private elementary and secondary institutions of education accredited by the State Department of Education or registered by the State Board of Education for purposes of participating in federal programs or accredited as defined by the Oklahoma State Regents for Higher Education which are exempt from taxation pursuant to the provisions of Section 501 ( c )(3) of the Internal Revenue Code, including materials, supplies, and equipment used in the construction and improvement of buildings and other structures owned by the institutions and operated for educational purposes. Any person, firm, agency or entity making purchases on behalf of any institution, agency or subdivision in this state, shall certify in writing, on the copy of the invoice of sales ticket the nature of the purchases, and violation of this act shall be a misdemeanor as set forth in Paragraph 9 of this section; and

11. Tuition and educational fees paid to private institutions of higher education and private elementary and secondary institutions of education accredited by the State Department of Education or registered by the State Board of Education for purposes of participating in federal programs or accredited as defined by the Oklahoma State Regents for Higher Education which are exempt from taxation pursuant to the provisions of Section 501 ( c )(3) of the Internal Revenue Code.

SECTION 7-211              EXEMPTIONS; GENERAL.

There are hereby specifically exempted from the tax levied by this chapter:

1. Transportation of school pupils to and from elementary schools or high schools in motor or other vehicles;

2. Transportation of persons where the fare of each person does not exceed One Dollar ($1.00), or local transportation of persons within the corporate limits of a municipality except by taxicab;

3. Carrier sales of newspapers and periodicals made directly to consumers. Other sales of newspapers and periodicals where any individual transaction does not exceed seventy-five cents ($0. 75). A carrier is a person who regularly delivers newspapers or periodicals to subscribers on an assigned route;

4. Sales for resale to persons engaged in the business of reselling the articles purchased, whether within or without the state, provided that such sales to residents of this state are made to persons to whom sales tax permits have been issued as provided in this chapter. This exemption shall not apply to the sales of articles made to persons holding permits when such persons purchase items for their use and which they are not regularly engaged in the business of reselling; neither shall this exemption apply to sales of tangible personal property to peddlers, solicitors and other salesmen who do not have an established place of business and a sales tax permit;

5. Sales of advertising space in newspapers and periodicals and billboard advertising service, and any advertising through the electronic media, including radio, television and cable television;

6. Eggs, feed, supplies, machinery and equipment purchased by persons regularly engaged in the business of raising worms, fish, any insect or any other form of terrestrial or aquatic animal life and used for the purpose of raising same for marketing. This exemption shall only be granted and extended to the purchaser when the items are to be used and in fact are used in the raising of animal life as set out above. Each purchaser shall certify, in writing, on the invoice or sales ticket retained by the vendor that he is regularly engaged in the business of raising such animal life and that the items purchased will be used only in such business. The vendor shall certify to the Oklahoma Tax Commission that the price of the items has been reduced to grant the full benefit of the exemption. Violation hereof by the purchaser or vendor shall be a misdemeanor; 7. Sales of medicine or drugs prescribed for the treatment of human \."....I' beings by a person licensed to prescribe the medicine or drugs. This exemption shall not apply to proprietary or patent medicines as defined by Section 353.1 of Title 59 of the Oklahoma Statutes;

8. Transfers of title or possession of empty, partially filled, or filled returnable oil drums to any person who is not regularly engaged in the business of selling, reselling or otherwise transferring empty, partially filled, or filled returnable oil drums; and

9. Nothing herein shall be construed as limiting or prohibiting the town from levying and collecting taxes on the sale of natural or artificial gas and electricity, whether sold for residential or commercial purposes. Any sales tax levied by the town on natural or artificial gas and electricity shall be in effect regardless of ordinance or contractual provisions referring to previously imposed state sales tax on such items.

SECTION 7-212              EXEMPTIONS; AGRICULTURE.

There are hereby specifically exempted from the tax levied by this chapter:

1. Sales of agricultural products produced in this state by the producer thereof r) directly to the consumer or user when such articles are sold at or from a farm and not from some other place of business, as follows:

a. Farm, orchard or garden products;

b. Dairy products sold by a dairyman or farmer who owns all the cows from which the dairy products offered for sale are produced;

c. Livestock sold by the producer at a special livestock sale; or

d. The provisions of this paragraph shall not be construed as exempting sales by florists, nurserymen or chicken hatcheries, or sales of dairy products by any other business except as set out herein;

2. Livestock, including cattle, horses, mules, or other domestic or draft animals, sold by the producer by private treaty or at a special livestock sale;

3. Sale of baby chicks, turkey poults and starter pullets used in the commercial production of chickens, turkeys and eggs, provided that the purchaser certifies, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the pullets will be used primarily for egg production;

4. Sale of salt, grains, tankage, oyster shells, mineral supplements, limestone and other generally recognized animal feeds for the following purposes and subject to the following limitations:

a. Feed which is fed to poultry and livestock, including breeding stock and wool-bearing stock, for the purpose of producing eggs, poultry, milk or meat for human consumption;

b. Feed purchased in Oklahoma for the purpose of being fed to and which is fed by the purchaser to horses, mules or other domestic or draft animals used directly in the producing and marketing of agricultural products;

c. Any stock tonics, water purifying products, stock sprays, disinfectants or other such agricultural supplies;

d. Poultry shall not be construed to include any fowl other than domestic fowl kept and raised for the market or production of eggs;

e. Livestock shall not be construed to include any pet animals such as dogs, cats, birds or such other fur-bearing animals; and

f. This exemption shall only be granted and extended where the purchaser of feed that is to be used and in fact is used for a purpose that would bring about an exemption hereunder executes an invoice or sales ticket in duplicate on a form to be prescribed by the Tax Commission. The purchaser may demand and receive a copy of the invoice or sales ticket and the vendor shall retain a copy;

5. Sales of items to be and in fact used in the production of agricultural products. Sale of the following items shall be subject to the following limitations:

a. Sales of agricultural fertilizer to any person regularly engaged, for profit, in the business of farming or ranching. Each such purchaser shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor, that he is so engaged in farming or ranching and that the material purchased will be used only in such business;

b. Sales of agricultural fertilizer to any person engaged in the business of applying such materials on a contract or custom basis to land owned or leased and operated by persons regularly engaged, for profit, in the business of farming or ranching. Each such purchaser shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that he is engaged in the business of applying such materials to lands owned or leased and operated by persons regularly engaged, for profit, in the business of farming or ranching, and shall show in the certificate the name or names of such owner or lessee and operator, the location of the lands on which the materials are to be applied to each such land, and he shall further certify that his contract price has been reduced so as to give the farmer or rancher the full benefit of this exemption;

c. Sales of agricultural fertilizer, pharmaceuticals and biologicals to persons engaged in the business of applying such ~ materials on a contract or custom basis shall not be considered to be sales to contractors under this chapter, and the sales shall not be considered to be taxable sales within the meaning of the Oklahoma Safes Tax Code. As used in this section, "agricultural fertilizer", "pharmaceuticals" and "biologicals" mean any substance sold and used for soil enrichment or soil corrective purposes or for promoting the growth and productivity of plants or animals;

d. Sales of agricultural seed or plants to any person regularly engaged, for profit, in the business of farming or ranching. This section shall not be construed as exempting from sales tax, seed which is packaged and sold for use in noncommercial flower and vegetable gardens;

e. Sales of agricultural chemical pesticides to any person regularly engaged, for profit, in the business of farming or ranching. For the purposes of this act, agricultural chemical pesticides shall include any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insect, snail, slug, rodent, bird, nematode, fungus, weed or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism, except viruses, bacterial or other microorganisms on or in living man, or any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant; and

f. This exemption shall only be granted and extended to the purchaser where the i terns are to be used and in fact are used in the production of agricultural products. Each purchaser shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor, that the material purchased will only be used in his farming occupation. The vendor shall certify to the Oklahoma Tax Commission that the contract price of the items has been reduced to grant the full benefit of the exemption. Violation hereof by the purchaser or vendor shall be a misdemeanor, and, upon violation and conviction for a second offense the Oklahoma Tax Commission shall revoke the vendor's sales tax permit; and

6. Sale of farm machinery, repair parts thereto or fuel, oil, lubricants and other substances used for operation and maintenance of the farm machinery to be used directly on a farm or ranch in the production, cultivation, planting, sowing, harvesting, processing, spraying, preservation or irrigation of any livestock, poultry, agricultural or dairy products produced from such lands. Each purchaser of farm machinery, repair parts thereto or fuel must certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor, that he is engaged in farming or ranching and that the farm machinery, repair parts thereto or fuel will be used only in farming or ranching. The exemption provided for herein shall not apply to motor vehicles. Each purchaser shall certify, in writing, on the copy of the I invoice or sales ticket to be retained by the vendor, that the material purchased will only be used in his farming occupation. The vendor shall certify to the Oklahoma Tax Commission that the price of the items has been reduced to grant the full benefit of the exemption. Violation hereof by the purchaser or vendor shall be a misdemeanor, and, upon violation and conviction for a second offense the Oklahoma Tax Commission shall revoke the vendor's sales tax permit.

SECTION 7-213               EXEMPTIONS; MANUFACTURERS.

There are hereby specifically exempted from the tax levied by this chapter:

1. Goods, wares, merchandise and property purchased for the purpose of being used or consumed in the process of manufacturing, compounding, processing, assembling or preparing for sale a finished article and such goods, wares, merchandise or property become integral parts of the manufactured, compounded, processed, assembled or prepared products or are consumed in the process of manufacturing, compounding, processing, assembling or preparing products for resale. The term "manufacturing plants" mean those establishments primarily engaged in manufacturing or processing operations, and generally recognized as such;

2. Ethyl alcohol when sold and used for the purpose of blending same with motor fuel on which motor fuel tax is levied by state law;

3. Sale of machinery and equipment purchased and used by persons establishing new manufacturing plants in Oklahoma, and machinery and equipment purchased and used by persons in the operation of manufacturing plants already established in Oklahoma. This exemption shall not apply unless such machinery and equipment is incorporated into, and is directly used in, the process of manufacturing property subject to taxation under this chapter. The term "manufacturing plants" means those establishments primarily engaged in manufacturing or processing operations, and generally recognized as such;

4. Sales of containers when sold to a person regularly engaged in the business of reselling empty or filled containers or when purchased for the purpose of packaging raw products of farm, garden or orchard for resale to the consumer or processor. This exemption shall not apply to the sale of any containers used more than once and which are ordinarily known as returnable containers, except returnable soft drink bottles. Each and every transfer of title or possession of such returnable containers in this state to any person who is not regularly engaged in the business of selling, reselling or otherwise transferring empty or filled containers shall be taxable under this code. This exemption shall not apply to the sale of labels or other materials delivered along with items sold but which are not necessary or absolutely essential to the sale of the sold merchandise; or

5. Sale of tangible personal property manufactured in Oklahoma when sold by the manufacturer to a person who transports it to another state for immediate and exclusive use in some other state.

SECTION 7-214               EXEMPTIONS; CORPORATIONS AND PARTNERSHIPS.

There are hereby specifically exempted from the tax levied in this chapter:

1. The transfer of tangible personal property, as follows:

a. From one corporation to another corporation pursuant to a reorganization. As used in this subparagraph the term "reorganization" means a statutory merger or consolidation or the acquisition by a corporation of substantially all of the properties of another corporation when the consideration is solely all or a part of the voting stock of the acquiring corporation, or of its parent or subsidiary corporation;

b. In connection with the winding up, dissolution or liquidation of a corporation only when there is a distribution in kind to the shareholders of the property of such corporation;

c. To a corporation for the purpose of organization of such corporation where the former owners of the property transferred are immediately after the transfer in control of the corporation, and the stock or securities received by each is substantially in proportion to his interest in the property prior to the transfer;

d. To a partnership in the organization of such partnership if the former owners of the property transferred are immediately after the transfer, members of such partnership and the interest in the partnership, received by each, is substantially in proportion to his interest in the property prior to the transfer; or

e. From a partnership to the members thereof when made in kind in the dissolution of such partnership; or

2. Sale of an interest in tangible personal property to a partner or other person who after such sale owns a joint interest in such tangible personal property where the state sales or use tax has previously been paid on such tangible personal property.

SECTION 7-215            TAX DUE WHEN; RETURNS; RECORDS.

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 Oklahoma Sales Tax Code.

SECTION 7-216            PAYMENT OF TAX; BRACKETS.

A. The tax herein levied shall be paid to the tax collector at the time and in the form and manner provided for payment of state sales tax.

 B. The bracket system for the collection of the town sales tax by the tax collector shall be the same as 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.

SECTION 7-217            TAX CONSTITUTES DEBT.

The taxes, penalty and interest due under this chapter 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.

SECTION 7-218             VENDOR'S DUTY TO COLLECT TAX; PENALTIES.

A. The tax levied hereunder shall be paid by the consumer or user to the vendor. It is the duty of each and every vendor in this town to collect from the consumer or user the full amount of the tax levied by this chapter, or an amount equal as nearly as possible or practicable to the average equivalent thereof.

B. 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.

C. A vendor, as defined hereunder, who wilfully or intentionally fails, neglects or refuses to collect the full amount of the tax levied by this chapter, or wilfully 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 I) whatsoever means, all or any part of the tax herein levied, or makes in any form of V advertising, verbally or otherwise, any statement which infers that he is absorbing the tax, or paying the tax for the consumer or user by an adjustment of prices 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 Section 1- 108 of this code.

D. Any sum or sums collected or required to be collected in accordance with this chapter shall be deemed to be held in trust for the town. Any person, firm, corporation, joint venture or association that wilfully 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 Section 1108 of this code.

SECTION 7-219          RETURNS AND REMITTANCES; DISCOUNTS.

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 of tax collected hereunder and shall be subject to the same discount as may be allowed by the Oklahoma Sales Tax Code for collection of state sales taxes.

SECTION 7-220            INTEREST AND PENALTIES; DELINQUENCY.

Section 217 of Title 68 of the Oklahoma Statutes is hereby adopted and made a part of this chapter, and interest and penalties at the rates and in amounts as therein specified are hereby levied and shall be applicable in cases of delinquency in reporting and paying the tax levied by this chapter. 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 chapter shall cause such tax to be delinquent. In addition, if the delinquency continues for a period of five (5) days, the taxpayer shall forfeit his claim to any discount allowed under this chapter.

SECTION 7-221             WAIVER OF INTEREST AND PENALTIES.

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 as applied in administration of the state sales tax provided in Section 220 of Title 68 of the Oklahoma Statutes. To accomplish the purposes of this section, the applicable provisions of Section 220 of Title 68 are hereby adopted by reference and made a part of this chapter.

SECTION 7-222            ERRONEOUS PAYMENTS; CLAIM FOR REFUND.

Refund of erroneous payment of the town sales tax herein levied may be made to any taxpayer making the 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 Section 227 of Title 68 of the Oklahoma Statutes. To accomplish the purpose of this section, the applicable provisions of Section 227 of Title 68 are hereby adopted by reference and made a part of this chapter.

SECTION 7-223            FRAUDULENT RETURNS.

In addition to all civil penalties provided by this chapter, 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 chapter shall be an offense, and upon conviction thereof the offending taxpayer shall be subject to a fine as provided in Section 1-108 of this code.

SECTION 7-224             RECORDS CONFIDENTIAL.

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 the State Sales Tax Code, Section 205 of Title 68 of the Oklahoma Statutes, and each subsection thereof, are hereby adopted by reference and made fully effective and applicable to administration of the town sales tax as if here set forth in full.

SECTION 7-225               AMENDMENTS.

The people of the town, by their approval of the sales tax ordinance hereby authorize the town board of trustees, by ordinance duly enacted, to make such administrative and technical changes or additions in the method and manner of administering and enforcing this chapter 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.

SECTION 7-226            PROVISIONS CUMULATIVE.

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

CHAPTER3

TELEPHONE EXCHANGE FEE

Section 7-301                FEE LEVIED ON TELEPHONE EXCHANGEES.

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 two percent (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 March 1 of each year, covering the preceding calendar year, and shall be paid into and appropriated and expended from the general revenue fund of the town.

State Law Reference: Town powers to levy utility tax on gross receipts, 68 O.S. Sections 2601 et seq.

SECTION 7-302           FEE TO BE IN LIEU OF OTHER FEES, TAXES.

During continued substantial compliance with the terms of this chapter 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. However, 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 contacts of the company for the fire alarm or police calls systems of the town.

CHAPTER4

UTILITY TAX

SECTION 7-401            UTILITY TAX LEVIED.

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

State Law Reference: Utility tax authorized for municipalities, 68 O.S. Sections 2601 et seq.

SECTION 7-402            NOT TO APPLY TO FRANCHISES.

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

SECTION 7-403             PAYMENT OF TAX.

The tax levied under this chapter on gas receipts shall be levied for a term of not more than one year and shall be payable as required by the town board of trustees and placed in the general revenue fund of the town.

SECTION 7-404             FAILURE TO PAY TAX.

Any person, firm or corporation failing or refusing to pay such tax when levied shall be regarded as a trespasser and may be ousted from such town and in addition thereto, an action may be maintained against such person, firm or corporation for the amount of the tax, and all expenses of collecting same, including reasonable attorney's fees.

SECTION 7-405                TAX CONSTITUTES LIEN.

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 within the town limits.

CHAPTER 5

EMERGENCY TELEPHONE SERVICE FEE

SECTION 7-501              EMERGENCY TELEPHONE SERVICE FEE.

A. There is hereby levied by the town board of trustees an emergency telephone fee authorized by state law ("Nine-One-One Act") for a period as set by the town board, and for an extension not to exceed three (3) years, and as further may be extended by the town board of trustee.

B. The rate for the 9-1-1 emergency telephone service fee shall be three percent (3%) of the recurring charges as designated by the tariff for exchange telephone service or its equivalent within the town in accordance with the state law. (Amended 1994)

CHAPTER 6

USE TAX

SECTION 7-601           EXCISE TAX ON STORAGE, USE OR OTHER CONSUMPTION OF TANGIBLE PERSONAL PROPERTY LEVIED.

There is hereby levied, and there shall be paid by every person storing, using or otherwise consuming within the Municipality, tangible, personal property purchased or brought into this Municipality, an excise tax on the storage, use or other consuming within the Municipality of such property at the rate of three percent (3%) of the purchase price of such property. Such tax shall be paid by every person storing, using or otherwise consuming within the Municipality, tangible personal property purchased or brought into the Municipality. The additional tax levied hereunder shall be paid at the time of importation or storage of the property within the Municipality and shall be assessed to only property purchased outside Oklahoma; provided, that the tax levied herein shall not be levied against tangible, personal property intended solely for use outside the Municipality, but which is stored in the Municipality pending shipment outside the Municipality or which is temporarily retained in the Municipality for the purpose of fabrication, repair, testing, alteration, maintenance or other service. 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 Municipality had been levied on the sale of such goods or services.

SECTION 7-602         EXEMPTIONS.

A. In respect to the use of an article of tangible, personal property brought into the Municipality by a nonresident individual visiting in this Municipality for his or her personal use or enjoyment while within the Municipality;

B. In respect to the use of tangible, personal property purchase for resale before being used;

C. In respect to the use of any article of tangible, personal property on which a tax, equal to or in excess of that levied by both the Oklahoma Use Tax Code and the Town of Valley Brook Use Tax Ordinance, has been paid by the person using such tangible, personal property in the Municipality, whether such tax was levied under the laws of Oklahoma or some other state or municipality of the United States. If any article of tangible, personal property has already been subjected to a tax imposed by both the Oklahoma Use Tax Code and the Town of Valley Brook Use Tax Ordinance, the provisions of this Ordinance shall also apply to it by a rate measured by the deference only between the rate provided by both the Oklahoma Use Tax Code and the Town of Valley Brook Use Tax Ordinance, and the rate by which the previous tax upon the sale or use was computed. Provided, that 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 Oklahoma and the Municipality;

D. In respect to the use of machinery and equipment purchased and used by persons establishing new manufacturing or processing plants in the Municipality and machinery  equipment purchased and used by persons to the operation of manufacturing plants already established in the Municipality. Provided, this exemption shall not apply unless such machinery and equipment is incorporated into, and is directly used in, the process of manufacturing property subject to taxation under the Sales Tax Code of the Municipality. The term "manufacturing plants" shall mean those establishments primarily engaged in manufacturing or processing operations, and generally recognized as such;

E. In respect to the use of tangible, personal property now specifically exempted from taxation under the Sales Tax Code of the Municipality;

F. In respect to the use of any article of tangible, personal property brought into the Municipality by an individual with intent to become a resident of this Municipality where such personal property is for such individual's personal use of enjoyment;

SECTION 7-603            TIME WHEN DUE-RETURNS-PAYMENT.

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

SECTION 7-604             TAX CONSTITUTES DEBT.

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.

SECTION 7-605                 COLLECTION OF TAX BY RETAILER OR VENDOR.

Every retailer or vendor maintaining places of business both within and without the State of Oklahoma, and making sales of tangible, personal property from a place of business outside this State for use in this Municipality shall at the time of making such sales collect the use tax levied by this ordinance 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 agents operating in this Municipality and location of any and all distribution or sales houses or offices or other places of business in this City.

SECTION 7-606              COLLECTION OF TAX BY RETAILER OR VENDOR NOT MAINTAINING A PLACE OF BUSINESS WITHIN STATE OR BOTH WITHIN AND WITHOUT STATE-PERMITS.

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 this State but who makes sales of tangible personal property for use in this Municipality and by the out-of-state place of business of any retailer or vender maintaining places of business both within  and without Oklahoma and making sales of tangible, personal property at such out-of-state place of business for use in this Municipality. Such trailer 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 knowledge for use within this Municipality. Such authority and permit may be canceled when at any time the Tax commission considers that such tax can more effectively by collected from the person using such property in this Municipality. Provided, however, that in all instances where such sales are made or completed by delivery to the purchaser within this Municipality 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 Municipality Sales Tax at the point of delivery and the tax shall be collected and reported under taxpayer's sales tax permit number accordingly.

SECTION 7-607             REVOKING PERMITS.

Whenever any retailer or vendor not maintaining a place of business in this State, or both within and without this State, and authorized to collect the tax herein levied, fails to comply with any of the provisions of this Ordinance or the Oklahoma Use Tax Code or any order, rules or regulations of the Tax Commission, the Tax Commission may, upon notice and hearing as provided for in 68 O.S. 1981 § 1408, by order, revoke the use tax permit, if any, issued to such retailer or vendor, and if any such retailer or vender is a corporation authorized to do business in this State, may, after notice and hearing above provided, cancel said corporation's license to do business in this State and shall issue a new license only when such corporation has complied with the obligations under this Ordinance, the Oklahoma Use Tax Code, or any order, rules or regulations of the Tax Commission. 

SECTION 7-608             REMUNERATIVE DEDUTIONS ALLOWED VENDERS OR RETAILERS OF OTHER STATES.

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 Oklahoma Use Tax Code; and 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.

SECTION 7-609                 INTEREST AND PENALTIES-DELINQUENCY.

Section 217 of Title 68 O.S. 1981 is hereby adopted and made a part of this ordinance, 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 Ordinance. Provided, that the failure or refusal of any retailer or vendor to make and transmit the reports and remittance of tax in the time and manner required by this ordinance shall cause such tax to be delinquent. In addition, if such delinquency continues for a period of five (5) days, the retailer or vendor shall forfeit his claim to any discount allowed under this Ordinance.

SECTION 7-610              WAIVER OF INTEREST AND PENAL TIES.

The interest or penalty of any portion thereof accruing by reason of a retailer's or vendor's failure to pay the Municipality 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. 1981, § 227, and to accomplish the purposes of this section the applicable provisions of said Section 220 are hereby adopted by reference and made a part of this Ordinance.

SECTION 7-611                 ERRONEOUS PAYMENTS-CLAIM FOR REFUND.

Refund of erroneous payment of the Municipality Use Tax herein levied may be made to any tax payer 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. 1981, § 227, and to accomplish the purpose of said Section 227 are hereby adopted by reference and made a part of this Ordinance.

SECTION 7-612                FRAUDULENT RETURNS.

In addition to all civil penalties provided by this Ordinance, 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 Ordinance shall be an offense, and upon conviction thereof the offending taxpayer shall be punished by a fine of not more than one hundred dollars ($100.00) and costs. Each day of noncompliance with this ordinance shall constitute a separate offense.

SECTION 7-613                 RECORDS CONFIDENTIAL.

The confidential and privileged nature of the records and files concerning the administration of the Municipality Use Tax is legislatively recognized and declared, and to protect the same the provisions of 68 O.S. 1981, § 205 of the State Use Tax Code, and each subsection thereof, is hereby adopted by reference and made fully effective and applicable to administration of the Municipality Use Tax as is hereby set forth in full.

SECTION 7-614                  PROVISIONS CUMULATIVE.

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

SECTION 7-615                   PROVISIONS SEVERABLE.

The provisions hereof hereby declared to be severable, and if any section, paragraph, sentence or clause of this Ordinance is for any reason held invalid or inoperative by any court of competent jurisdiction, such decision shall not affect any other section, paragraph, sentence or clause hereof.

SECTION 7-616            DEFINITIONS.

The definitions of words, terms and phrases contained in the Oklahoma Use Tax Code, Section 1401, 68 O.S. 1981, are hereby adopted by reference and made a part of this Ordinance. In addition thereto, the following words and terms shall be defined as follows:

1. Town shall mean the Town of Valley Brook, Oklahoma

2. Transaction shall mean sale.

SECTION 7-617               TAX COLLECTOR DEFINED.

The term ''tax collector" as used herein means the department of the Municipality 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.

SECTION 7-618              CLASSIFICATION OF TAXPAYERS.

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

SECTION 7-619                 SUBSISTING STATE PERMITS.

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

SECTION 7-620                  PURPOSES OF REVENUES.

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

SECTION 7-621              CITATION AND CODIFATION.

This Ordinance shall be known and may be cited as "Town of Valley Brook Use Tax Ordinance" and shall be codified as Chapter 5 of Part 7 of the Ordinance of the Town.

CHAPTER 1

WEEDS AND TRASH

SECTION 8-101                 ACCUMULATION OF TRASH OR WEEDS UNLAWFUL.

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.

State Law Reference: Cleaning, mowing property, municipal powers, 11 O.S. Section 2 2-1 10.

SECTION 8-102              DEFINITIONS.

As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section:

1. "Owner" means the owner of record as shown by the most current tax rolls of the county treasurer.

2. "Trash" means 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; and

3. "Weeds" includes but is not limited to poison ivy, poison oak or poison sumac and all vegetation at any stage of maturity which:

a. Exceeds twelve (12) inches in height, except healthy trees, shrubs or produce for human consumption or own in a tended and cultivated garden unless such trees and shrubbery by their density of 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;

b. Regardless of height, harbors, conceals or invites deposits or accumulation of refuse or trash;

c. Harbors rodents or vermin;

d. Gives off unpleasant or noxious odors;

e. Constitutes a fire or traffic hazard; or

f. Is dead or diseased.

The term "weed" does not include tended crops on land zoned for agricultural use which are planted more than one hundred fifty (150) feet from a parcel zoned for other than agricultural use.

SECTION 8-103          REPORTS OF ACCUMULATION OF GRASS, WEEDS OR TRASH ON PROPERTY.

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 town clerk-treasurer 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;

3. A fire hazard to property; or

4. Any two (2) or more of these conditions.

State Law Reference: Cleaning and mowing of property, procedures and powers 11 O.S. Section 22-111.

SECTION 8-104                RECEIPT OF REPORT, HEARING AND NOTICE.

A. Upon receiving the report provided for in Section 8-103 of this code, or upon receipt of equivalent information from any reliable source, the town clerk/treasurer shall place the matter upon the agenda of the town board for hearing and consideration at an appropriate date which will permit the giving of the notices prescribed by state law. At the hearing the board shall consider whether the premises, ( . by reason of the conditions specified, are detrimental to the health, benefit and  welfare of the public and the community, or a hazard to traffic, or a fire hazard to property, or any two (2) or more of such conditions.

B. At least ten ( 10) days prior to the hearing, the town clerk-treasurer shall give written notice of the hearing by forwarding a copy thereof by certified mail with return receipt requested to the owner of the property at the address shown by the current year's tax rolls in the office of the treasurer of the county in which the property is located. If the return receipt shows that the property owner cannot be located, notice shall be given by publication in a newspaper of general circulation one time not less than ten ( 10) days prior to the date of the hearing.

C. At least ten ( 10) days from the date of receipt of the notice by the owner or the date of publication and upon the date specified in the notice, the town board shall hear the matter and shall receive information thereon, including anything which may be presented by the owner of the premises, personally or by agent or attorney. If the board determines that any of the conditions specified in Section 8-103 of this code exist upon the premises, it may order the property to be cleaned of trash, or other trash or weeds to be cut, removed or destroyed unless within ten (10) days from the date of receipt of the notice or date of publication the owner either:

1. Cuts, removes or destroys the trash or weeds in accordance with the notice; or

2. Gives written consent authorizing the town to abate the trash or weeds, thereby waiving his right to a hearing.

SECTION 8-105                 WORK DONE BY EMPLOYEES OR CONTRACT.

The work ordered to be performed under Section 8-104 of this code may be done by the employees of this town under supervision of the town utility or sanitation department, or it may be let by contract to the lowest and best bidder, after appropriate notice, in the mariner for letting other contracts.

SECTION 8-106               DETERMINATION AND ASSESSMENT OF COSTS.

Upon the completion of the work ordered to be performed under Section 8-105 of this code, the town clerk-treasurer shall report the cost thereof to the town board. Such report shall be itemized as to each tract of property involved as follows: labor, machinery rental or depreciation, fuel and supplies, cost of notice, other costs and indirect costs of five percent (5%) of direct actual costs. The board shall examine the report and, after receiving appropriate information, shall determine the total costs of the work. The board shall direct the town clerk-treasurer to forward a statement and demand payment of the total cost by certified mail with return receipt requested to the owner of the property at the address shown by the current tax rolls in the office of the treasurer of the county in which the property lies.

SECTION 8-107             LIEN ON THE PROPERTY, CIVIL REMEDY.

If the costs of the work performed under this chapter are not paid within thirty (30) days from the date of mailing the notice prescribed by Section 8-106 hereof, the town clerk-treasurer shall forward a certified statement of the amount of the costs to the county treasurer of the county in which the property upon which the work was done is located, in order that the amount be levied upon the property and be collected by the county treasurer in the manner prescribed by the law of this state. 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 lien shall continue until the cost is fully paid. At any time prior to collection as provided in this section the town may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, if arty, the town clerk/treasurer shall forward to the county treasurer a notice of such payment and directing discharge of the lien.

SECTION 8-108             SERVICE OF NOTICE.

The service of all notices prescribed by this chapter shall be evidenced by the return of the officer making such service, certified in his official capacity, and filed in the office of the town clerk-treasurer.

SECTION 8-109             UNLAWFUL TO DEPOSIT RUBBISH.

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, alley or in any ditch or watercourse, or upon the premises of another, or upon any public ground in this town.

SECTION 8-110              REMOVAL OF DEAD ANIMALS.

The owner or any person having charge of any animal dying in this town, shall within twenty-four (24) hours after the death of such animal, remove its carcass, and failure to do so shall constitute a misdemeanor.

SECTION 8-111               UNLAWFUL TO LITTER.

A. Littering is defined as throwing any trash, refuse, waste paper, 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.

B. It is unlawful for any person to litter.

SECTION 8-112                  UNLAWFUL TO LITTER FROM AUTOMOBILES.

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, waste paper, tin cans, bottles, or any other substance or refuse whatever.

SECTION 8-113                   LITTER NOT TO ACCUMULATE ON PROPERTY.

A. It is unlawful for any person, firm or corporation, occupying any real property, either as tenant or owner, to allow trash, waste paper, 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.

B. It is unlawful for any person, firm or corporation occupying any real property, either as tenant or owner, to allow accumulated trash, waste paper, 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.

SECTION 8-114                 ABANDONED ICE BOXES, REFRIGERATORS.

It is unlawful for any person, firm, or corporation to leave in any accessible place any abandoned or discarded ice box, refrigerator, or other container which has an airtight door with a lock or other fastening device which cannot be easily released from the inside of the ice box, refrigerator, or container, without first removing the door, lock, or fastener.

SECTION 8-115              PENALTY.

Any person, firm or corporation found violating any provision of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished as provided in Section 1-108 of this code.

CHAPTER2

FOOD REGULATIONS

SECTION 8-201               U.S. FOOD SERVICE SANITATION ORDINANCE ADOPTED.

A. The unabridged form of the latest edition of the "United States Public Health Service Food Service Sanitation Ordinance and Code" is hereby adopted and incorporated in this code by reference. One copy of the sanitation ordinance and code shall be on file in the office of the town clerk. The sanitation ordinance and code shall govern the definitions, inspection of food service establishments, the issuance, suspension and revocation of permits to operate food service establishments, the prohibiting of the sale of adulterated or misbranded food or drink and the enforcement of this section. In the sanitation ordinance and code, however, all parenthetical phrases referring to grading and the following subsections shall be understood to be deleted: Subsection H.2.e., H. 7 and H.8.

B. "Health authority" means the director of the county health department of this county or his designated representative.

C. Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1108 of this code. In addition thereto, any person convicted of violation may be enjoined from continuing the violation.

State Law Reference: State food regulations, 63 O.S. Sections 1-1101 et seq.

SECTION 8-202             MILK ORDINANCE ADOPTED.

Part II of the Grade A Pasteurized Milk Ordinance, recommended by the U.S. Public Health Service, is hereby adopted and incorporated by reference to govern and regulate the production, transportation, processing, handling, sampling, examination, grading, labeling and sale of milk and milk products sold for ultimate consumption within the town limits or its police jurisdiction; the inspection of dairy farms, dairy herds and milk plants; the issuing and revocation of permits to milk producers, haulers and distributors. At least one copy of the Pasteurized Milk Ordinance shall be filed in the office of the appropriate official. Sections 9, 16 and 1 7 of the abridged ordinance shall be replaced, respectively by Sections 8-203 and 8-204 of this code.

State Law Reference: State laws regulating milk standards, 63 O.S. Sections 11301 et seq.; manufacture of milk, 2 0. S. Sections 7-1 et seq.

SECTION 8-203              GRADE REQUIREMENTS.

Only grade A pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores or similar establishments; provided that in an emergency, ungraded milk or the grade which is unknown, may be authorized by the health authority, in which case, such milk and milk products shall be labeled "ungraded."

SECTION 8-204              VIOLATION; PENALTY.

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1-108 of this code.

CHAPTER3

NUISANCES

SECTION 8-301              NUISANCE DEFINED; PUBLIC NUISANCES; PRIVATE NUISANCES.

A. A nuisance is unlawfully doing an act or omitting to perform a duty or is anything or condition which either:

1. Annoys, injures or endangers the comfort, repose, health or safety of others;

2. Off ends 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.

B. A public nuisance is one 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.

C. Every nuisance not included in Subsection B above is a private nuisance.

State Law Reference: Nuisances defined, municipal powers to abate, 50 O.S.

SECTION 8-302               PERSONS RESPONSIBLE.

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.

SECTION 8-303                   TIME DOES NOT LEGALIZE.

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

SECTION 8-304                REMEDIES AGAINST 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:

a. By person injured as provided in Section 12 of Title 50 of the Oklahoma Statutes; or

b. By the town in accordance with law or ordinance.

SECTION 8-305                 REMEDIES AGAINST PRIVATE NUISANCES.

The remedies against a private nuisance are:

1. Civil action; or

2. Abatement:

a. By person injured as provided in Sections 14 and 15 of Title 50 of the Oklahoma Statutes; or

b. By the town in accordance with law or ordinance.

SECTION 8-306                     TOWN HAS POWER TO DEFINE AND SUMMARILY ABATE NUISANCES.

As provided in Section 16 of Title 50 of the Oklahoma Statutes, 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 to be heard, if this can be done.

SECTION 8-307                   CERTAIN PUBLIC NUISANCES IN THE TOWN DEFINED.

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. 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. The sale, offering for sale or furnishing of intoxicating liquor in violation of the state law or ordinances of the town; or keeping of a place where intoxicating liquor is sold, offered for sale or furnished in violation of the state law or ordinance of the town;

3. 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. The keeping of a place where persons gamble, whether by cards, slot machines, punchboards or otherwise;

5. The keeping of a place where prostitution, illicit sexual intercourse or other immoral acts are practiced;

6. The keeping of a place where activities in violation of state law or ordinance are practiced or carried on;

7. The conduct or holding of public dances in violation of the ordinances of the town; or the keeping of a place where such dances are held;

8. The public exposure of a person having a contagious disease;

9. The continued making of loud or unusual noises which annoy persons of ordinary sensibilities; or the keeping of an animal which makes such noises;

10. The operation or use of any electrical apparatus or machine which materially or unduly interferes with radio or television reception by others;

11. 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;

12. 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;

13. All wells, pools, cisterns, bodies or containers of water in which mosquitoes breed or are likely to breed, or which are so constructed, formed, U conditioned or situated as to endanger the public safety;

14. 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 germs; and the premises on which such exist;

15. Any building or structure which is dangerous to the public health or safety because of damage, decay or other condition;

16. Any pit, hole or other thing which is so constructed, formed, conditioned or situated as to endanger the public safety;

17. Any fire or explosion hazard which endangers the public safety;

18. Any occupation or activity which endangers the public peace, health, morals, safety or welfare;

19. 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

20. 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 or noises made by the animal therein, or by reason of lack of sanitation, is hereby declared to be a nuisance. 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.

SECTION 8-308                 SUMMARY ABATEMENT OF NUISANCES.

A. 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.

B. The chief of the-fire-department, the chief of police, the town attorney, the building official, the electrical inspector, the plumbing inspector or any other officer subordinate to the mayor may submit through or with the consent of the mayor to the town 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, the health officer and 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.

C. 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 of trustees 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 person or persons or public adversely affected would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be published in a paper of general circulation within the town.

D. 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 person or persons or public adversely affected would not be unduly jeopardized by the consequent delay, or if the owner or other persons responsible for or causing the nuisance do not abate it within the specified time, the board of trustees shall direct the mayor to abate the nuisance or to have it abated, if summary abatement is practical, as authorized by Section 16 of Title 50 of the Oklahoma Statutes. The town clerk-treasurer 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.

SECTION 8-309             ABATEMENT BY SUIT IN DISTRICT COURT.

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 Section 17 of Title 50 of the Oklahoma Statutes.

SECTION 8-310                NUISANCE UNLAWFUL.

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 the premises under his control within the town.

SECTION 8-311                HEALTH NUISANCES; ABATEMENT.

A. Pursuant to authority granted by Section 1-1011 of Title 63 of the Oklahoma Statutes, 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 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 twenty-four (24) hours, or within such other time as may be directed 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 policeman 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.

B. 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 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-treasurer, may be collected in any manner in which any other debt due the town may be collected.

SECTION 8-312              TOILET FACILITIES REQUIRED; NUISANCE; URINATING IN PUBLIC PROHIBITED.

A. For the purpose of this section, the following terms shall have the respective meanings ascribed to them herein:

1. "Human excrement" means the bowel and kidney discharge of human beings;

2. "Sanitary water closet" means the flush type toilet which is connected with a sanitary sewer line of such capacity and construction as to carry away the contents at all times; and

3. "Sanitary pit privy" means a privy which is built, rebuilt or constructed so as to conform with the specifications approved by the state health department.

B. Every owner of a residence or other building in which humans reside, are employed or congregate within this town shall install, equip and maintain adequate sanitary facilities for the disposal of human excrement by use of a sanitary water closet or a sanitary pit privy. The closets and toilets hereby required shall be of the sanitary water closet type when located within two hundred (200) feet of a sanitary sewer and accessible thereto and of the sanitary water closet type (notwithstanding a greater distance from a sanitary sewer) or the water closet type emptying into a septic tank system or the pit privy type. A septic tank system or a pit privy may be used in such cases only if it meets the standards of and is approved by the state health department.

C. All human excrement disposed of within this town shall be disposed of by depositing it in closets and privies of the type provided for in this section. It is unlawful for any owner of property within the town to permit the disposal of human excrement thereon in any other manner, or for any person to dispose of human excrement within the town in any other manner.

D. All privies shall be kept clean and sanitary at all times, and the covers of the seats of privies shall be kept closed at all times when the privies are not being used. No wash water, kitchen slop or anything other than human excrement and toilet paper shall be emptied into a privy. No excrement from any person suffering from typhoid fever, dysentery or other serious bowel disease shall be deposited in any sanitary pit privy or sanitary water closet until it is disinfected in such a manner as may be prescribed by the health officer.

E. All facilities for the disposal of human excrement in a manner different from that required by this section and all privies and closets so constructed, situated or maintained as to endanger the public health, are hereby declared to be public nuisances, and may be dealt with and abated as such. Any person maintaining any such nuisance is guilty of an offense and each day upon which any such nuisance continues is a separate offense.

F. It is unlawful for any person to urinate in public or to urinate in any place other than a properly installed adequate sanitary facility as is required in Subsection B of this section. (Amended 1990)

SECTION 8-313              PROCEDURE CUMULATIVE.

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

CHAPTER 4

ABANDONED, WRECKED MOTOR VEHICLES

SECTION 8-401            DEFINITIONS.

A. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein:

1. "Chief of police" is the chief of police of the town;

2. "Junked motor vehicle" is any motor vehicle, as defined by Paragraph 2 of this section, which does not have lawfully affixed thereto both an unexpired license plate or plates and a current motor vehicle safety inspection certificate, and the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded;

3. "Motor vehicle" is 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, motorscooters, trucks, tractors, go-carts, golf carts, campers;

4. "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind;

5. "Private property" means any real property within the town which is privately owned and which is not public property as defined in this section; and

6. "Public property" means any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall mean any other publicly owned property or facility.

B. When not inconsistent with the context, words used in the present tense /~ include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

SECTION 8-402               STORING, PARKING OR LEAVING JUNKED MOTOR VEHICLE PROHIBITED; AND DECLARED NUISANCE; EXCEPTIONS.

No person shall park, store, leave, or permit the parking, storing, or leaving of any junked motor vehicle of any kind whether attended or not, upon any public or private property within the town for a period of time in excess of seventy-two (72) hours. The presence of a junked motor vehicle or parts thereof, on private or public property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this chapter. This section shall not apply to any motor vehicle enclosed within a building on private property or to any motor vehicle held in connection with a business enterprise, lawfully licensed by the town and properly operated in the appropriate business zone, pursuant to the zoning laws of the town.

SECTION 8-403             NOTICE TO REMOVE.

Whenever it comes to the attention of the mayor or his designee that any nuisance as defined in Section 8-402 of this code exists in the town, a notice in ~ writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this chapter.

State Law Reference: Removal of abandoned vehicles on private property, 47 O.S. Section 954A; grounds for removal on state highways by state, 47 O.S. Sections 951 et seq.

SECTION 8-404                 RESPONSIBILITY FOR REMOVAL.

Upon proper notice and opportunity to be heard, the owner of the junked motor vehicle and the owner or occupant of the private property upon which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the town, the owner, or occupant of the private property where the junked motor vehicle is located, shall be liable for the expenses incurred.

SECTION 8-405                     NOTICE PROCEDURE.

The chief of police of the town shall give notice of removal to the owner or occupant of the private property where it is located, at least ten (10) days before the time of compliance. It shall constitute sufficient notice when a copy of same is posted in a conspicuous place upon the private property on which the vehicle is located and a duplicate copy is sent by certified mail to the owner or occupant of the private property to his last known address.

SECTION 8-406         CONTENT OF NOTICE.

The notice shall contain the request for removal within the time specified in this chapter, and the notice shall advise that upon failure to comply with the notice to remove, the town shall prosecute a criminal complaint for failure to abate the nuisance, and the town or its designee shall undertake such removal with the cost of removal to be levied against the owner or occupant of the property.

SECTION 8-407            REQUEST FOR HEARING.

A. The persons to whom the notices are directed, or their duly authorized agents may file a written request for hearing before the town board within the tenday period of compliance prescribed in Section 8-405 of this code.

B. Request for hearing shall be directed to the clerk-treasurer of the town.

SECTION 8-408              PROCEDURE FOR HEARING.

The hearing shall be held as soon as practicable after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of the hearing at least five (5) days in advance thereof. At any such hearing the town and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.

SECTION 8-409                 REMOVAL OF MOTOR VEHICLE FROM PROPERTY.

A. If the violation described in the notice has not been remedied within the ten-day period of compliance, or in the event that a notice requesting a hearing is timely filed, a hearing is had, and the existence of the violation is affirmed by the town, the chief of police or his designee has the right to take possession of the junked motor vehicle and remove it from the premises. It is unlawful for any person to interfere with, hinder, or refuse to allow such person or persons to enter upon private property for the purpose of removing a vehicle under the provisions of this chapter.

B. The town shall continue to prosecute criminal charges on a daily basis for failure to abate the nuisance or shall have the right to take possession of the junked motor vehicle and remove it from the premises.

SECTION 8-410                NOTICE OF REMOVAL.

Within forty-eight ( 48) hours of the removal of such vehicle, the chief of police or his agent shall give notice to the registered owner of the vehicle, if known, and also to the owner or occupant of the private property from which the vehicle was removed, that the vehicle, or vehicles, has been impounded and stored for violation of this chapter. The notice shall give the location of where the vehicle or vehicles is stored, and the costs incurred by the town for removal.

SECTION 8-411              DISPOSITION OF VEHICLES.

Upon removing a vehicle under the provisions hereof, the chief of police or his agent, or other person authorized by law, shall, after a period of ten (10) days, give notice of public sale not less than ten ( 10) days prior to the date of the proposed sale or other disposition of the vehicle.

SECTION 8-412                REDEMPTION OF IMPOUNDED VEHICLES FEES AND COSTS.

The owner, or other person entitled to possession of any vehicle seized under the provisions of the Valley Brook Code of Ordinances, may redeem such vehicle at any time after its removal, but prior to the sale or destruction thereof, upon proof of ownership or other proof of right to possession, and payment to the Town Clerk of an administrative fee of $50.00, together with the actual and reasonable expenses of removal, and any preliminary sale expenses, plus storage for each vehicle redeemed.

SECTION 8-413                  ABANDONMENT OF VEHICLES.

No person, firm or corporation shall abandon any motor vehicle within the town on any public or private property, and no person shall leave any vehicle at any place within the town for such time and under such circumstances as to cause the vehicle reasonably to appear to have been abandoned.

SECTION 8-414             IMPOUNDING.

The chief of police or other appropriate official, or any member of his department designated by him is hereby authorized to remove or have removed any vehicle left at any place within the town, which reasonably appears to be in violation of this ordinance, or lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with the applicable ordinances.

SECTION 8-415                PENALTY.

Any person violating the provisions of this chapter shall be guilty of an offense and, upon conviction shall be fined as provided in Section 1-108 of this code.

CHAPTER 5

AIR QUALITY CONTROL

SECTION 8-501             DEFINITIONS.

As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section unless the context requires otherwise:

1. "Air contaminant" means any smoke, soot, fly ash, dust, cinder, dirt, noxious, obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radio active substances, waste particulates, solid, liquid or gaseous matter in the atmosphere which when in sufficient quantities is capable of injuring human, plant or animal life or depriving the enjoyment thereof;

2. "Air pollution" means the emission of any air contaminants in such place or manner which when by itself or combined with other air contaminants present in the atmosphere is detrimental to or endangers the health, comfort or safety of any person or which may cause injury or damage to property or premises;

3. "Atmosphere" means the air that envelops or surrounds the earth;

4. "Board" means the Air Quality Control Variance Board;

5. "Certified Visible Emissions Reader" means anyone certified by the State Health Department, Air Quality Service as having satisfactorily completed their visible emissions training course;

6. "Chimney or stack" means chimney, stack, conduit, duct, vent, flue or opening of any kind whatsoever arranged to conduct any products to the atmosphere;

7. "Combustible materials and fuels" mean any substance which will readily burn and shall include those substances which, although generally considered noncombustible, are or may be included in the mass of the combustible material burned or to be burned;

8. "Director" means the director of the Oklahoma City-County Health Department, or his designated representatives;

9. "Dense visible emissions" mean the visible emissions equivalent to or greater than twenty percent (20%) opacity;

10. "Evaporating loss control system" means a system or device designed and installed in such a manner as to reduce or prevent the emission to the atmosphere of the vapors of the hydrocarbon fuel contained in the fuel tank, carburetor or fuel pump of the motor vehicle;

11. "Exhaust emission control system" means a system, device or engine modification designed and installed in such a manner as to reduce or prevent the emission to the atmosphere of air pollutant gases, vapors and particulate matter released from the motor vehicle engine through the exhaust manifold and tailpipe;

12. "Fuel burning equipment" means any equipment, machinery, device, structure or contrivance, and all appurtenances thereto, including ducts, breeching, fuel-feed equipment, ash removal equipment, internal combustion engines, combustion controls, stacks and chimneys, which burn fuel or combustible material for the purpose of producing heat or energy, but shall not mean process equipment or operations or incinerators;

13. "Fugitive emissions" means an emission or dust which emanates from some point other than a point source;

14. "Incinerator" means any device, structure or contrivance used to dispose of refuse or other waste by burning or the processing of salvageable material by burning but excluding flares;

15. "Motor vehicle" means a self-propelled, wheeled vehicle designed for normal use on public streets and highways;

16. "Motor vehicle pollution control device" means any or all of the devices or systems referred to in this section and designed to control or prevent air pollution emissions from motor vehicles;

17. "Multiple chamber incinerator" means any incinerator consisting of two (2) or more combustion chambers of in line or retort type physically separated by curtained walls with gas passage ports or ducts and designed for maximum combustion of the material to be burned;

18. "Open burning" means the burning of combustible materials or refuse in such a manner that the products of combustion are emitted directly into the atmosphere;

19. "Open-pit incinerator" means a device consisting of a pit (into which the material to be burned is placed), nozzles, pipes and other appurtenances designed and arranged in a manner to deliver additional air or auxiliary fuel to, or near, the zone of combustion so that-theoretically complete combustions accomplished or approached;

20. "Particulate matter" means discrete particles of liquid (except uncombined water) or solid matter or both which may or may not be suspended in air;

21. "Positive crankcase ventilator" means a system or device designed and installed in such a manner as to prevent or reduce the release or emission into the atmosphere of gases or vapors produced or otherwise present in the crankcase of the engine of a motor vehicle;

22. "Process equipment or operation" means any equipment, machinery, device or premises used for the treating, processing or manufacturing of materials, products or substances which operation may emit smoke, particulate matter or other air contaminants;

23. "Process weight" means the total weight of all materials introduced into any specific process, equipment or operation. Solid fuels shall be considered as part of the process weight but liquids and gases used solely as fuel shall not;

24. "Process weight per hour" means the weight derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof excluding any time during which the equipment is idle;

25. "Products of combustion" means all particulate matter and other air contaminants emitted as a result of the burning of refuse and combustible materials;

26. "Proprietary information" means any information obtained pursuant to this chapter which relates to sales figures or to production processes unique to the owner or operator or which affects the competitive position of such owner or operator;

27. "Refuse" means garbage, rubbish, trade waste, leaves, salvageable material, agricultural waste and other wastes;

28. "Opacity" means the percent of reduction of light visible through the emission;

29. "Source" means any physical arrangement or structure which may emit air contaminants. It includes, but is not limited to, stacks, chimneys, building openings, open fires, vehicles, processes, equipment, structures and premises;

30. "Source gas volume" means the total amount of gas including air contaminants, emitted from any process, equipment or operation into the atmosphere; and

31. "Visible emissions" means air contaminants in sufficient quantity to be seen with the eye.

SECTION 8-502              ENFORCEMENT.

The director shall enforce the provisions of this chapter.

SECTION 8-503                AIR POLLUTION PROHIBITED.

No person shall permit or cause air pollution.

SECTION 8-504                EMISSION OF DENSE SMOKE PROHIBITED.

No person shall cause or permit the emission of dense visible emissions from any source whatever except as specifically permitted.

SECTION 8-505                INCINERATORS, PERMIT AND SPECIFICATIONS, EMISSIONS.

A. No person shall install or make any alteration or modification to an incinerator which affects the emission of air contaminants without first having obtained a permit from the director and paying the required fee.

B. A person making application for a permit shall furnish such information concerning the incinerator as the director may request including the plans, specifications, manufacturer's descriptive literature and test reports.

C. All incinerators installed after the effective date of this chapter shall be multiple chambered, gas fired in the primary and secondary chamber and water scrubbed. All incinerators shall have a capacity of seventy-five (75) pounds per hour or greater provided that this capacity shall not be applicable to incinerators designed and used exclusively as pathological incinerators. An incinerator of different ( construction may be used when the director determines that the incinerator will be equally effective in controlling the emission of air contaminants and approves its installation.

D. All incinerators shall be maintained and operated according to good practices.

E. Incinerators with a maximum burning capacity of two hundred (200) pounds per hour or more shall not emit particulate matter in excess of 0.2 grains per dry cubic foot corrected to twelve percent (12%) CO2 of exhaust gas under standard conditions. Incinerators with a maximum burning capacity of less than two hundred (200) pounds per hour or more shall not emit particulate matter in excess of 0.3 grains per dry cubic foot corrected to twelve percent (12%) of exhaust gas under standard conditions.

F. Incinerators may emit dense visible emissions or smoke up to but not exceeding an opacity designated as forty percent (40%) as recorded by a certified visible emissions reader, for periods not exceeding five (5) minutes in any sixty (60) minute period and not exceeding twenty (20) minutes in any twenty-four (24) hour period.

G. No permit shall be granted for the proposed installation, alteration or modification of an incinerator unless the conditions contained in Section 8-517 are satisfied.

SECTION 8-506                  FUEL BURNING EQUIPMENT.

A. Fuel burning equipment shall not emit particulate matter in excess of that indicated on Table I or Chart I.

B. Fuel burning equipment in operation prior to the effective date of this chapter shall not emit particulate matter in excess of six-tenths (0.6) pounds per million BTU heat input provided that all such existing fuel burning equipment shall comply with all the provisions of this chapter within twelve (12) months after it becomes effective.

SECTION 8-507            PROCESS EQUIPMENT OR OPERATIONS.

A. Process equipment or operations shall not emit from the premises upon which such equipment or operation is located, particulate matter in excess of that indicated on either Table 2, Table 3 or Chart 2. Existing process equipment or operations shall have twelve (12) months from the effective date of this chapter to comply with this subsection.

B. The owner or operator of any process equipment or operation shall maintain dust control of the plant premises and plant owned, leased or controlled access roads by paving, oil treatment or other suitable measures. Good operating practices, including water spraying or other suitable measures, shall be employed to minimize dust generation and em1ss1on when bins are pulled. Good operating practices shall be observed in relation to stockpiling, screen changing, and general maintenance to prevent dust generation and atmospheric entrainment. Good operating practices, including water spraying or other suitable measures shall be employed to minimize dust generation and emission when bins are pulled.

SECTION 8-508              HOT MIX ASPHALT PLANTS.

A. Hot mix asphalt plants shall not emit particulate matter into the atmosphere in excess of the quantity set out in Table 4.

B. No hot mix asphalt plant shall be operated unless it is equipped with a fugitive dust control system for the hot aggregate which prevents the emission of particulate matter from any other chimney.

SECTION 8-509               OPEN BURNING PROHIBITED.

No person shall cause or permit an open burning in any public or private place outside any building except as permitted by this code.

SECTION 8-510               MOTOR VEHICLE POLLUTION CONTROL DEVICES.

A. This section shall apply to all motor vehicles registered or subject to registration with the Oklahoma State Tax Commission in which, as new vehicles, motor vehicle pollution control devices have been installed by virtue of federal laws and regulations, in effect now and hereafter, requiring such devices to be installed. However, nothing in this chapter shall supersede or otherwise modify such federal laws and regulations, nor shall anything in this chapter be construed to require the installation of motor vehicle pollution control devices on motor vehicles not referred to by such federal laws and regulations.

B. No person shall cause, suffer, allow or permit the removal, disconnection or disabling of a motor vehicle pollution control device which is on a motor vehicle.

C. Operation of a motor vehicle or its engine which uses liquefied petroleum gas as fuel is hereby exempt from provisions of this chapter.

SECTION 8-511                 FUGITIVE DUST CONTROL.

No person shall permit, allow or cause fugitive dust or emissions from any facility under his control or jurisdiction without having exhausted all known methods of controlling the same.

SECTION 8-512              NOTICE.

All notices required under this chapter, unless otherwise specified, shall be in writing and shall be served upon the person being given notice personally or mailed to his last known address, postage prepaid. The date of mailing shall be considered as the date such notice is given.

SECTION 8-513                     TESTS, DATA SAMPLING.

Upon written notice, the director may require from any person subject to this chapter, data to establish the nature, extent, quantity or degree of air contaminants which are or may be discharged by a source under such person's control and may require that such data be certified by a professional engineer registered in the state. The director may, at his expense, designate an agent to independently gather data as to the nature, extent, quantity and degree of any air contaminants which are or may be discharged from the source. An agent as so designated is authorized to inspect any facilities and equipment necessary to gather the data. The owners of the premises being inspected will make the same available to inspection and shall permit the director to install and maintain sampling and testing apparatus as is reasonable and necessary for measurement of emissions of air contaminants, provided that they shall not unduly interfere with the operations of the owner. The director may, in writing, require the owner to provide, and maintain means of access to locations for sampling and testing purposes, in order to secure data that will disclose the nature, extent and quantity or degree of air contaminants discharged into the atmosphere.

SECTION 8-514                     AIR QUALITY CONTROL VARIANCE BOARD.

There is hereby created a Variance Board which shall consist of the members of the board of trustees of the town. The members shall serve for a term coextensive with their term on the town board. The board shall select from its number a chairman who shall serve for a period of one year. The members of the board shall have the power to subpoena witnesses, require the production of records, documents and other matters and administer oaths. Three (3) members shall constitute a quorum. No variance shall be granted or revoked without the concurrence of at least three (3) members. Meetings and hearings of the board shall be called by the chairman. Members shall be given at least five (5) days' notice prior to any meeting or hearing. Emergency meetings or hearings may be held provided all members consent to such meeting in writing. The board shall make rules and regulations concerning the procedures in granting or revoking variance as they shall deem necessary.

SECTION 8-515                APPLICATIONS FOR VARIANCE.

Any person may make an application for a variance from the terms of this chapter by paying the required fee and by filing a written application with the director. The application form shall be verified by the applicant and set forth all information required by the board including the full name and address of the

applicant, the nature of the violation and the extent to which a variance is sought.

SECTION 8-516                   FEES.

Any applicant for a variance shall pay to the town clerk a fee in such amount as set by the town board by motion or resolution. Such fee shall be paid each time a variance is sought provided that the board may in its discretion review any variance denied within ninety (90) days from the date of each denial without additional cost to the applicant.

SECTION 8-517                     VARIANCES.

A. Variances from the strict provisions of this chapter may be granted by the board pursuant to applications therefor when:

1. Due to conditions beyond the control of the person in violation, and which are not self imposed, compliance with this chapter shall result in an arbitrary and unreasonable taking of the property or the practical closing and elimination of any lawful business, occupation or activity; and

2. There are not sufficient corresponding benefits or advantage to the public in the reduction of air pollution.

B. Variances shall be for a specified time but not to exceed one year. Upon expiration of a variance, additional variances may be granted.

C. A variance shall be personal to the applicant and not transferable.

D. All variances granted are subject to review and revocation by the board.

SECTION 8-518                 PUBLIC HEARINGS.

No variance shall be granted or revoked without first holding a public hearing. No less than ten (10) days' notice shall be given to all interested persons as appear in the file and records of the board. In addition, notice of the hearing shall be published in a newspaper of general circulation and published within the town not less than ten (10) days prior to the date of hearing.

SECTION 8-519                        PROPRIETARY INFORMATION.

No person shall disclose to anyone other than the director, the board or a court of competent jurisdiction, any information f-μrnished or obtained pursuant to this chapter. Upon request of the interested party, all hearings or trials in which proprietary information is to be divulged shall be held "in camera" and such information shall be sealed and access otherwise limited, to the extent permitted by law.

SECTION 8-520               NUISANCE DECLARED.

The emission of air contaminants in violation of this chapter is declared to be a public nuisance and may be abated by the director as provided by law.

SECTION 8-521                  ABATEMENT PROCEDURE.

A. In addition to any penalties, upon determination by the director that a violation of this chapter has occurred and that the person in violation has not furnished satisfactory proof that corrective measures have been or are being taken to abate the nuisance, the director shall give written notice to the person in violation to abate the nuisance. The notice shall specify the section which is being violated and a reasonable time not exceeding twenty (20) days within which to abate the nuisance.

B. If at the end of the time allowed in Subsection A of this section, the violation has not been corrected, the director shall abate the nuisance as provided by law.

SECTION 8-522               EMERGENCY.

When a violation of this chapter creates a hazardous or dangerous condition capable of immediately harming life or property, the director shall summarily abate the nuisance immediately and without notice.

SECTION 8-523                    LIABILITY.

Any person owning, operating or controlling a source of air contaminants which violates this chapter shall be subject to all penalties and liabilities for such violation. Each day of any such violation shall constitute a separate offense.

SECTION 8-524                    NOTICE OF CHANGES.

The board of trustees shall not enact or amend any ordinance, rule or regulation concerning air quality control without first holding a public hearing and giving not less than ten (10) days notice of the time and place of such hearing by publication in a newspaper of general. circulation in the town.

SECTION 8-525                 PENALTY.

Any person owning, operating or controlling a source of air contaminants which violates this chapter shall be subject to all penalties and liabilities for such violation, and shall be guilty of an offense. Upon conviction thereof a person shall be punished as provided in Section 1-108  of this code.

SECTION 8-526                      TABLE AND CHARTS.

The following tables and charts were adopted as part of this chapter and are hereby

incorporated by reference as fully as if set out in full herein:

1. Table 1;  

2. Chart 1;

3. Chart 2;

4. Table 2;

5. Table 3; and

6. Table 4.

CHAPTER 6

ENFORCEMENT AND PENALTY

SECTION 8- 601                  COUNTY HEALTH DEPARTMENT DESIGNATED TO ENFORCE HEALTH ORDINANCES.

Anywhere in this chapter where the word or words "health officer" are used it shall be construed to mean the director of the county health department or other officer designated by the town. It is the intent and purpose of the mayor and town board of trustees to delegate the enforcement of the health ordinances of this town as set out in this section and any such decisions rendered under this section shall be subject to review by the governing board upon an appeal from an offender.

SECTION 8-602                 OBSTRUCTING HEALTH OFFICER.

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

SECTION 8-603                  QUARANTINE; VIOLATIONS.

It is unlawful for any person to wilfully violate or refuse or omit to comply with any lawful order, direction, prohibition, rule or regulation of the board of health or any officer charged with enforcement of such order, direction, prohibition, rule or regulation.

SECTION 8-604                   PENALTY.

Any person who violates any prov1s10n of this part, or any law or code adopted by reference in this part, or any order of the health officer or police or other officer, is guilty of an offense, and upon conviction thereof, shall be punished as provided in Section 1-108 of this code. In addition thereto, such person may be enjoined from continuing such violations.

CHAPTER I

OCCUPATIONAL LICENSE FEES

SECTION 9-101                 LICENSE TAX LEVIED ON CERTAIN OCCUPATIONS.

A. A license tax is hereby levied on every person engaging in, exercising, or pursuing any of the following businesses, professions, trades, occupations, or privileges in this town, in the amounts set by the town board:

1. For any business operating in whole or in part within a light industrial district as defined in the town's zoning regulations, One Hundred Fifty Dollars ($150. 00) per year;

2. For each pawnshop, Fifty Dollars ($50.00) per year. The pawnshop must have a current and valid license to operate as a pawnshop and must possess a sales tax permit from the state if it is subject to paying sales taxes in order to do business in the town;

3. For each business which conducts a show, exhibition, or entertainment of any kind, which charges admission, including all activities under its auspices, Twenty-five Dollars ($25.00) per day. This paragraph shall not apply to any event from which all the proceeds go to some charitable or eleemosynary cause;

4. For each circus with one or two (2) rings, Fifty Dollars ($50.00) per day; with more than two (2) rings, Seventy-five Dollars ($75.00) per day;

5. For each street fair or carnival, including all activities under its auspices, Fifteen Dollars ($15.00) per day or Fifty Dollars ($50.00) per week;

6. For each shooting gallery, skill or strength game, or game of chance, such as knife boards, rag or wooden images or other thing or things at which rings, balls, or other things are thrown, pitched, or shot, lung testing or striking machine, or similar device, Five Dollars ($5.00) per day, or Fifty Dollars ($50.00) per month. This paragraph shall not apply to games under the auspices ( of street fairs, carnivals, and circuses, nor to coin-operated devices as defined in Section 9-109 of this ~ code;

7. For each ferris wheel, merry-go-round, small cars, or similar apparatus, when not under the auspices of a street fair, civic club, carnival, or circus, Five Dollars ($5.00) per day, or Fifty Dollars ($50.00) per month;

8. For wrestling matches, professional, Ten Dollars ($10.00) per day;

9. For each itinerant person, agent, or solicitor selling, offering for sale, taking orders for, or offering to take orders for, goods, products, wares, patent medicines, magazines, services, or other things of any kind, excepting wholesalers, and persons· or organizations licensed or regulated by the State of Oklahoma, Five Dollars ($5.00) per day. The permit shall expire at 9:00 P.M. of the date issued. No proration of the fee is permitted;

10. For each dance hall or place where public dances, public amusements, theatrical programs or music concerts are held, Ten Dollars ($10.00) per day. This section shall not apply to dances, concerts or programs held under the auspices of recognized local nonprofit organizations. It shall be within the discretion of the town clerk and chief of police or his designee to refuse the issuance of the license if:

a. The kind or character of place of amusement for which the license is prayed should appear to be contrary to public peace, health, or safety; or

b. A dance will be in violation of this code or state law. An appeal may be taken from the decision of the town clerk or police chief or designee to the board of trustees;

11. For each pool, billiard or other recreation device or hall, or for each coin- operated amusement device, as such terms are defined by state law, Twenty Dollars ($20.00) per year;

12. (a) For any business operating any motor vehicle for hire, which picks up any passenger within the town limits of the Town of Valley Brook, $50.00 per year, provided however, that if the company seeking the license has multiple operators, a license valid for the operation of all such multiple operators shall be at a license fee of $50.00.

    (b) In the event of multiple operator applications, the applicant shall provide the following:

1. The number of motor vehicles for hire for which a license is requested;

2. Description of the proposed color scheme insignia or other distinguishing characteristics of the motor vehicle for hire; C

3. Description of type and extent of service to be rendered;

4. The names of employees or independent contractors whom are authorized to operate applicant's vehicles for hire;

13. (a) For each adult entertainment establishment, having in excess of 4,000 square feet, which charges a cover charge fee shall pay to the Town of Valley Brook, $50 per day or $1.00 per customer paying a cover charge, whichever is greater.

     (b) For each adult entertainment establishment, which is 4,000 square feet or less, shall pay to the Town of Valley Brook, $40 per day.

      (c) In the event that the fees provided for in subsections (a) and (b) above are not paid by the fifth business day of the following month, the license to operate the adult entertainment establishment shall be suspended until the applicable fee is paid in full. It shall be unlawful to operate the establishment after notice of suspension by the Town of Valley Brook.

14. For every business, profession, trade, occupation or privilege not otherwise listed in paragraphs 1-11 above,$ 50.00 per year.

B. In order to receive a license under this chapter, every person, firm or corporation regulated pursuant to this section 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 and any appropriate state license which may be required to conduct the business or activity. A copy of this permit or license shall be provided by the applicant for a license to the town clerk prior to issuance of the city license. (Amended 1992, 1995)

State Law Reference: Pawnshop licenses from state, up to $50.00, 59 O.S. Section 1501; Municipal authority to tax and regulate occupations, 11 O.S. Sections 22- 106, 22-107; cities authorized to license pool and billiard tables, family amusement centers, 68 O.S. Section 50004; state license on coin-operated amusement devices, 78 O.S. Sections 1501 et seq.

Cross Reference: See also Part 3 of this code on licenses for beer and alcoholic beverages and Part 5 on licenses for plumbers and electricians.

SECTION 9-102             EX-SERVICE PERSONS.

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 is exempted therefrom by statutes of the state or other provisions of law.

SECTION 9-103             PAYMENT OF LICENSE TAX; ISSUANCE OF LICENSE; EXPIRATION DATE.

A. It is unlawful for any person to engage in, exercise, or pursue any business, profession, trade, occupation, or privilege for which a license tax is levied by Section 9-101 of this code or by any other ordinance or ordinance provision without paying the license tax, and securing and possessing a valid license therefor. Upon making proper application to the town clerk, the payment of the license tax and fulfillment of any other condition which may be prescribed by law or ordinance, the town clerk shall issue a license therefor. Such license taxes shall be credited to the general fund of the town.

B. Annual licenses shall expire on the 30th day of June of the year for which they were issued. When an annual license is issued after July 1 for the remainder of the year to a person just beginning to engage in, exercise, or pursue a business, profession, trade, occupation, or privilege, the tax collected shall be a fractional part of the annual tax equal to the fraction of the year remaining, with a minimum of Five Dollars ($5.00).

SECTION 9-104                  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.

SECTION 9-105                 LICENSE TO BE DISPLA YEO.

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 place of business or activity where a person who has entered the place may readily see it; or, if he has no particular place of business or activity, shall carry the license and shall display it to any person who requests to see it. In lieu of the manner of displaying such licenses provided above, 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. It is unlawful to fail or refuse to display the license as required in this section.

SECTION 9-106                 LICENSE MAY BE REVOKED.

Any license issued by the city to any person to engage in, exercise, or pursue any business, profession, trade, occupation, or privilege, may be revoked by the council after adequate opportunity for a hearing, for either of the following reasons:

1. The licensee is engaging in, exercising, or pursuing the business, profession, trade, occupation, or privilege-in such a manner that he has created or is creating a public nuisance as defined by state law or local ordinance; or

2. Serious or repeated violation of the law or ordinances.

SECTION 9-107                       TRANSFER OF LICENSE PROHIBITED.

The assignment or transfer of licenses shall not be permitted in this town.

State Law Reference: License may not be transferred, 11 O.S. 22-107.

SECTION 9-108                    DUPLICATE LICENSE.

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 license has not been transferred, that it has been lost or destroyed without any wrongful act or connivance by the holder, and that, if believed lost, he has made diligent search for it and has been unable to find it. The fee for every duplicate license issued, payable to the town clerk, shall be Two Dollars and fifty cents ($2.50).

SECTION 9-109                         COIN MACHINES.

A. For the purposes of this section a "coin-operated amusement device" shall mean and include any and all mechanical devices which, upon the payment of insertion of a coin, token, or similar object, causes or permits, or is the incentive for the propelling or motivating of any ball, marble, or gadget or object that produces or creates or makes possible the production or creation of a game of skill, amusement, entertainment, or test of strength or which devise dispenses or gives forth any object such as gum, cigarettes, candy or any object to be received in exchange for the deposit of the coin.

B. Every person, firm, or corporation who owns or operates in or on his place of business or other place any coin-operated device shall pay as an annual license tax to the town on or before the first day of July of each and every year seventy-five percent (75%) of the sum set forth in Section 1503 of Title 68 of the Oklahoma Statutes for the applicable coin-operated device and shall keep a receipt therefor prominently posted in the immediate vicinity of the coin- operated device.

C. The operation of any coin-operated device without the payment of the license 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.

D. Upon the conviction of any person, firm, or corporation of a third offense as defined by this ordinance, the license for the operation of such device shall be immediately and automatically cancelled and revoked, and such owner or operator thereof may not be eligible or entitled to apply for or receive a new or other or additional license upon that or any other or additional license upon that or any other such machine for a period of three (3) years from the date of such cancellation or revocation.

(Amended 1994)

SECTION 9-110                  PROPER OPERATION OF POOL, BILLIARD, AND OTHER RECREATION HALLS, AMUSEMENT CENTERS; TIME WHEN CLOSED.

A. It is unlawful for the owner, manager, or operator of a pool, billiard, or other recreation hall or amusement center to permit therein gambling, betting, operation of a lottery or the sale, furnishing, or drinking of intoxicating and nonintoxicating beverages, disorderly conduct, loud or disturbing language, noise, or music, profane language, or any other violation of the laws of the state or of the ordinances of the town or for any person to engage therein in such place.

B. It is unlawful for the owner, manager, or operator of such a hall to permit therein fighting, boxing, wrestling, or other contests of physical strength or for any person to engage therein in such place.

C. Any coin-operated amusement device, including pool and billiard tables, shall be properly licensed pursuant to state law in order to operate lawfully in the town.

D. Pool, billiard and other recreation halls or amusement centers shall be closed between the hours of 12:00 A. M. midnight and 7:00 A. M. each day.

State Law Reference: Cities authorized to license pool and billiard tables, family amusement centers 68 O.S. Section 50004; state tax on coin-operated amusement devices definitions, 68 O.S. Sections 1501 et seq.

SECTION 9-111                   GARAGE AND YARD SALES.

No sales or trading of merchandise, property, personal property, belongings or items of any nature be made in the town at any time except as set out herein and a permit granted for the same. A garage sale, yard sale, or sale inside a house may be held at any one location or house not more than once per month and the same shall extend for a period of not in excess of three (3) days. A permit shall be obtained for each sale from the trustees and no sale shall be held without such permit. The permit shall be obtained by payment of a fee as set by the town board and making a written application.

SECTION 9-112                    FEE FOR FORTUNE TELLING PROHIBITED.

It is unlawful for any person or persons pretending or professing to tell fortunes by the use of any subtle craft, means, or device whatsoever, either by palmistry, clairvoyance, or otherwise, plying his or her trade, art or vocation within this town, to make any charge therefor either directly or indirectly, or to receive any gift, donation, or compensation by any means whatsoever for the same.

SECTION 9-113                      SOUND TRUCKS, PERMITS.

No person shall play any phonograph or use sound cars or loud-speaking equipment on the streets of the town, either for advertising, politics, or any other purpose, without first securing a written permit from the town clerk.

SECTION9-114                      SHORT WEIGHTS AND MEASURES PROHIBITED.

It is unlawful for any person to sell, or offer for sale, any food, fuel, clothing, or any other commodity which does not weigh or measure fully as much, according to standard weights or measures of the state as the weight or measure for which it is sold or offered for sale.

SECTION 9-115                         PENALTY.

Any person who engages in any business, profession, trade, or occupation, or exercises any privilege, for which a license is required by this chapter, without a valid license as thereby required, or who shall violate any provision of this chapter, shall be guilty of an offense, and upon conviction, shall be fined as provided in Section 1-108 of this code. Violation of this chapter shall also be grounds for revocation or suspension of license granted.

CHAPTER 2

ITINERANT VENDORS

SECTION 9-201                   DEFINITIONS.

For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section:

1. "Itinerant vendor" means and includes all persons, firms or corporations, as well as their agents and employees who engage in the temporary or transient business in the town of selling or offering for sale any goods or merchandise, or exhibiting the same for sale or exhibiting the same for the purpose of taking orders for the sale thereof and who for the purpose of carrying on such business or conducting such exhibits thereof either hire, rent, lease or occupy any room or space in any building, structure, other enclosure, vacant lot or any other property whatever in the town in, through, or from which any goods or merchandise may be sold, offered for sale, exhibited for sale or exhibited for the purpose of taking orders for the sale thereof;

2. "Temporary" as used in Paragraph 1 hereof means any such business transacted or conducted in the town for which definite arrangements have not been made for the hire, rental or lease of premises for at least one hundred (100) days, in or upon which such business is to be operated or conducted; and

3. "Transient" as used in Paragraph 1 as used hereof means any such business of any such itinerant vendor as may be operated or conducted by persons, firms or corporations, or by their agents or employees who reside away from the town or who have fixed places of business in places other than the town or who move stocks of goods or merchandise or samples thereof into the town with the purpose or intention of removing them, or the unsold portion thereof, away from the town before the expiration of one hundred (100) days. Any person engaged in interstate commerce or upon whom the provisions of this chapter would impose a direct and unlawful burden on interstate commerce may request in writing a hearing before the municipal judge to consider an exemption from the licensing terms of this chapter.

SECTION 9-202                     LICENSE REQUIRED.

It is unlawful for any itinerant vendor to sell, offer for sale, exhibit for sale, or exhibit for the purpose of taking orders for the sale thereof, any goods or merchandise in the town without first obtaining a license as herein provided for. The town clerk shall issue to any itinerant vendor a license authorizing such itinerant vendor to sell, exhibit for sale, offer for sale, or exhibit for the purpose of taking orders for the sale thereof in the town his goods or merchandise only after such itinerant vendor shall have fully complied with all provisions of this chapter and shall have paid the license fees hereinafter provided, which sum shall be compensation to the town for the services herein required of it and to enable the town to partially defray the expenses of enforcing the provisions of this chapter.

SECTION 9-203                      APPLICATION.

The itinerant vendor shall make application to the town clerk of the town at least ten (10) days prior to the date of his contemplated sale or exhibit to be held in the town which application shall be in the form of an affidavit, stating the full name and address of the itinerant vendor, the location of his or its principal office and place of business, the names and addresses of its officers if it be a corporation, and the partnership name and the names and addresses of all partners if such itinerant vendor be a firm. The application thereof must be accompanied by:

1. A statement showing the kind and character of goods to be sold, or merchandise to be sold, offered for sale or exhibited;

2. A certified copy of the articles of incorporation if the itinerant vendor be a corporation, incorporated under the laws of this state;

3. A certified copy of its permit or authority to do business in the state as may be required by applicable state law;

4. A certified copy of a current and valid state sales tax permit; and

5. A bond in the sum of not less than Five Hundred Dollars ($500.00), executed by the itinerant vendor as principal, with some surety company authorized to do business in the state as surety, which bond shall be payable to the town for the use and benefit of any person or persons entitled thereto and conditioned that the principal and surety will pay all damages to person, or persons, caused by or arising from, or growing out of the wrongful or illegal conduct of the itinerant vendor while conducting the sale or exhibit in the town. The bond shall remain in full force and effect for the entire duration of the license permit as provided herein, and two (2) years thereafter.

SECTION 9-204                      LICENSE FEE.

The license fee for itinerant vendor shall be as set by the town board.

SECTION 9-205                       TRANSFER.

The license permit provided for herein shall not be transferable nor give authority to more than one person to conduct a business as an itinerant vendor, but any persons having obtained such license may have the assistance of one or more persons in conducting the business.

SECTION 9-206                       GOING UPON PRIVATE RESIDENCES.

A. In the exercise of the authority conferred upon the town by state law, the practice of going to, in or upon the premises of any private residence in the town by door-to-door salespersons, solicitors, peddlers and order takers, without the express consent, request or invitation of the owner or the occupant of such private residence, for the purpose of soliciting orders for the purchase or for the sale of goods, wares, or publications or merchandise of any description, or the purpose of peddling, or hawking the same, or for the purpose of soliciting subscriptions thereto, is hereby prohibited.

B. This section shall not apply to sales persons, solicitors, peddlers or order takers representing sales or local nonprofit or charitable organizations, nor to the sale or soliciting of any order for the sale of milk, dairy products, vegetables, poultry, eggs or other farm and garden produce so far as the sale of the commodities r named in this section is authorized by law.

C. Any violation of the provisions of this section shall be punishable as a misdemeanor against the town. Any person convicted of violating any provision of this section shall be fined as provided in Section 1-108 of this code.

State Law Reference: Authority to regulate by town, 11 O.S. Section 22- 106; state licensing of itinerants, 47 O.S. Section 22-106; state licensing of itinerants,b47 O.S. Section 421; exemption for veterans, 72 O.S. Section 1.

SECTION 9-207                       PROHIBITED HOURS OF SALES.

It is unlawful for any person to go from house to house or door to door within the town, for the purpose of selling, offering for sale, or taking orders for the sell of any personal property, service or subscription to publications, between the hours of 8:00 P.M. and 8:00 A.M.

CHAPTER3

PAWNSHOPS

SECTION 9-301                      LICENSE.

A. No person shall operate as a pawnbroker or as a receiver of goods under chattel mortgage without first securing a town license and making payment therefor as herein provided.

B. There is hereby levied a license fee for the operation of the business of pawnbroker the sum as set by the board of trustees. All licenses shall expire on the last day of April after they are issued. Any license issued hereunder after November 1 of the calendar year shall be charged a one-half (54) year license fee.

C. Any pawnbroker who is guilty of the violation of any provision of this chapter, or who shall permit any employee in the course of such employment to be guilty of the violation of any provision hereof, shall, in addition to the fine or imprisonment otherwise provided as a penalty therefor, upon conviction be deprived of his license; and upon such conviction the municipal judge shall order such license revoked.

State Law Reference: Municipal fee on pawnbrokers, 59 O.S. Section 1506; Oklahoma Pawnshop Act, 59 O.S. Sections 1501 et seq.