LEGISLATIVE RESEARCH CENTER
File #: 16-719    Name:
Type: Preview Ordinance Status: Adoption
File created: 6/27/2016 In control: Broken Arrow City Council
On agenda: 7/5/2016 Final action:
Title: Consideration, discussion, and possible preview of an Ordinance amending the Broken Arrow Code, Chapter 23, Traffic, Article III, Traffic Control Devices, Section 23-110. - Repealed; specifically bringing this section into compliance with state law regarding penalties involving driving through barricades and traffic control devices during flooding; repealing all ordinances to the contrary; and declaring an emergency
Attachments: 1. Traffic Conrol Devices.pdf

Broken Arrow City Council

                                                                                               Meeting of: 07-05-2016

                                                                                    

To:                     Mayor and City Council

From:                     Office of the City Attorney

Title: 

title

                     Consideration, discussion, and possible preview of an Ordinance amending the Broken Arrow Code, Chapter 23, Traffic, Article III, Traffic Control Devices, Section 23-110. - Repealed; specifically bringing this section into compliance with state law regarding penalties involving driving through barricades and traffic control devices during flooding; repealing all ordinances to the contrary; and declaring an emergency

End

Background:

 

House Bill 2249 of the 2016 Oklahoma Legislative Session amending Title 47 O.S. 2011, Section 11-1302 in part, by adding language which criminalizes certain acts.  Specifically, the act of driving around or removing traffic-control devices or barricades on a section of highway, turnpike, county road or city street that has been closed to traffic due to flooding.  Also, persons convicted of violating this provision shall be ordered to pay restitution in an amount equal to the actual costs of the emergency response and repair or replacement of any damaged or lost emergency equipment.  In addition, the person shall be liable for any damage to property or injury or death to persons caused by the violation.

 

The current revision of City Code Section 23-110 will codify the changes brought about by the House Bill 2249 and will allow the City to prosecute those types of crimes.

 

Cost:                                                                $0

Prepared By:                                           Beth Anne Wilkening, City Attorney

 

Reviewed By:                                          Assistant City Manager - Administration
                                    Police Department
                                   

Approved By:                      Michael L. Spurgeon, City Manager                                               

 

Attachments:                                          Preview Ordinance

 

Recommendation:

Preview Ordinance and set it for adoption.