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 - Repealed; specifically bringing this section into compliance with state law regarding penalties involving driving through barricades and traffic control devices during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.