GENERAL PROVISIONS

Oklahoma City Municipal Code ch. 1

in effect

Oklahoma City Municipal Code § 1-1 How Code designated and cited.

§ 1-1. - How Code designated and cited. The ordinances embraced in this and the following chapters shall constitute and be designated as the "Oklahoma City Municipal Code, 2020," and may be cited as such. (Code 1970, § 1-1; Code 1980, § 1-1)

Oklahoma City Municipal Code § 1-2 Definitions and rules of construction.

§ 1-2. - Definitions and rules of construction. In the construction of this Code and of all ordinances, the following rules of construction and definitions shall be observed, unless such construction or definition would be inconsistent with the manifest intent of the Council, be repugnant to the context of the provisions, or the context clearly requires otherwise: (1) Charter or City Charter. When the term "Charter" or "City Charter" is used in this Code, such term shall be deemed to refer to the Charter of The City of Oklahoma City, as amended. (2) City. The words "the City" or "this City" shall be construed to mean The City of Oklahoma City, Oklahoma. (3) City boundaries. The term "City boundaries" or "within the City" shall include not only the corporate limits of the City, but also any property which it owns or which is under its jurisdiction. (4) Code. The term "Code" or "this Code" shall be deemed to refer to the Oklahoma City Municipal Code, 2020, as established in Section 1-1 above. (5) Computation of time. The time within which an act is to be done, when expressed in days, shall be computed by excluding the first day and excluding the last day if the last day be a Sunday or a legal holiday designated by the Council, and if the time is expressed in hours the whole of Sunday or of such legal holiday, from midnight to midnight, shall be excluded. (6) Council. Whenever the words "Council" or "City Council" are used, they shall mean the Council of The City of Oklahoma City. (7) County. The word "County" shall mean Oklahoma County, Cleveland County, Canadian County, Logan County, Pottawatomie County or such other counties in which the City may be located, or any combination thereof, as appropriate. (8) Delegation of authority. Whenever any authority, duty or other activity is charged to a City officer or employee, it may be done as well by such person's duly appointed agent, so long as not prohibited by ordinance, Charter or the laws or Constitution of the State, and so long as such officer or employee retains supervision over the discharge of the duly delegated authority, duty or activity. (9) Gender. Every word importing the masculine gender shall extend to and be applied to the feminine gender and to the neuter gender unless the context clearly requires otherwise. (10) Health Department. The words "Health Department" shall mean the City-County Health Department created by agreement between the City and Oklahoma County pursuant to the provisions of 63 O.S. § 1-214, as amended. (11) Joint authority. Words giving a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of them, unless clearly expressed otherwise. (12) May. The word "may" is permissive. (13) Municipal Court. The term "Municipal Court" shall have the meaning assigned to it in Section 33-1. (14) Nontechnical and technical words. Words and phrases shall be construed according to the common and approved 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. (15) Oath. The word "oath" shall include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in those cases the words "swear" and "sworn" shall be the equivalent to the words "affirm" and "affirmed." (16) Officers, departments, commissions, etc. Whenever any officer, department or board or commission is referred to by title only, such reference shall be construed as if followed by the words "of The City of Oklahoma City," unless the context clearly requires otherwise. (17) Oklahoma Statutes. All references to the Oklahoma Statutes in this Code shall be deemed to refer to the latest edition of such statutes, as amended from time to time. (18) Or, and. The word "or" may be read "and." The word "and" may be read "or" if the sense requires it. (19) Ordinance. The term "ordinance" shall mean an ordinance of The City of Oklahoma City, unless the context clearly requires otherwise. (20) Owner. The word "owner," applied to a building or land, shall include a person with any legal or beneficial interest in the property, including any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or a part of the building or land. (21) Person. The word "person" shall extend and be applied to firms, corporations and any other legal entity, voluntary associations, clubs, societies, trusts, or any other organization as well as to individuals, unless plainly inapplicable. (22) Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively. (23) Property. The word "property" shall include real and personal property. (24) Shall. The word "shall" is mandatory. (25) Sidewalk. The word "sidewalk" shall mean that portion of a street between the curbline and the adjacent property intended for the use of pedestrians. (26) Singular and plural. Words in the plural include the singular, and vice versa. (27) State. The words "the State" or "this State" shall be construed to mean the State of Oklahoma. (28) Street. The word "street" shall include any public ways, roads, highways, avenues, alleys and lanes within the City. (29) Supervisor of Licenses. The term "Supervisor of Licenses" shall refer to that City officer or employee whose function it is to issue licenses for the City. (30) Tenant, occupant. The words "tenant" and "occupant," when applied to a building or land, shall include any person who occupies or is in possession of the whole or part of such building or land, whether alone or with others. (31) Week. The word "week" shall be construed to mean seven days. Publication in a newspaper of any notice or other matter indicated to be for a stated number of weeks shall be construed to mean one insertion each week, unless specifically stated to be for each day of the week or for more than one day in each week; all publications heretofore made in accordance with the terms of this sentence are hereby validated. (32) Writing. The word "writing" shall include any representation of words, letters or figures, whether by printing or otherwise. (33) Year. The word "year" shall mean a calendar year. (Code 1970, §§ 1-2, 1-4; Code 1980, § 1-2; Ord. No. 18621, § 1, 11-4-86; Ord. No. 22540, § 1, 9-14-04)

Oklahoma City Municipal Code § 1-3 References to Code; conflicts.

§ 1-3. - References to Code; conflicts. (a) All references to chapters, articles, divisions, or sections are to the chapters, articles, divisions and sections of this Code unless otherwise provided. (b) If the provisions of different chapters or articles of this Code conflict with or contravene each other, the provisions of each chapter or article shall prevail as to all matters and questions growing out of the subject matter of that chapter or article. (Code 1980, § 1-3)

Oklahoma City Municipal Code § 1-4 Catchlines of sections; history notes and references.

§ 1-4. - Catchlines of sections; history notes and references. (a) The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, or as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (b) The history or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. Cross references and State law references which appear after sections or subsections of this Code or which otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect. (c) All references to chapters, articles or sections are to chapters, articles or sections of this Code unless otherwise specified. (d) Subsections (a) and (b) do not apply to Chapter 59 or 60. (Code 1970, §§ 1-4, 1-5; Code 1980, § 1-4)

Oklahoma City Municipal Code § 1-5 Effect of repeals.

§ 1-5. - Effect of repeals. When any ordinance repealing any other ordinance, or part thereof, shall itself be repealed, that repeal shall not be construed to revive the former ordinance, or part thereof, unless it shall expressly so provide. (Code 1970, §§ 1-4, 1-7; Code 1980, § 1-5)

Oklahoma City Municipal Code § 1-6 Penalty for violations.

§ 1-6. - Penalty for violations. (a) In this section "violation of this Code" means any of the following: (1) doing an act that is prohibited or made or declared unlawful or an offense by ordinance or by rule or regulation authorized by ordinance; or (2) failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance. (b) In this section "violation of this Code" does not include the failure of a City officer or City employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section. (c) Except as otherwise expressly provided in this Code, all violations of this Code are declared to be misdemeanors and are classified as either a Class "a" offense or a Class "b" offense. In the absence of provisions to the contrary, including but not limited to a specific penalty, violations of this Code are a Class "a" offense. A person convicted of a Class "b" offense shall be punished by a fine not exceeding $1,200.00 plus costs and fees or imprisonment in the City Jail not exceeding six months or by both such fine and imprisonment. A person convicted of a Class "a" offense shall be punished by a fine not exceeding $500.00, excluding costs and fees. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense. (d) [Reserved.] (e) The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise. (Code 1970, § 1-8; Ord. No. 17020, § 1, 1-18-83; Ord. No. 17327, § 1(1-8), 9-13-83; Code 1980, § 1-6; Ord. No. 20442, § 1, 10-24-95; Ord. No. 21323, § 1, 10-5-99; Ord. No. 21763, § 1, 7-17-01; Ord. No. 21930, § 1, 3-19-02; Ord. No. 23182, § 1, 11-7-06)

Oklahoma City Municipal Code § 1-7 Severability.

§ 1-7. - Severability. If any part of any section of this Code or any rule, regulation, or requirement therein contained shall be held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of any other part, or section thereof, or other rule, regulation or requirement. (Code 1970, § 1-6; Code 1980, § 1-7)

Oklahoma City Municipal Code § 1-8 Certain ordinances not affected by Code.

§ 1-8. - Certain ordinances not affected by Code. Nothing in this Code or the ordinance adopting this Code shall affect any ordinance: (1) promising or guaranteeing the paying of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligations assumed by the City; (2) granting any right or franchise; (3) dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City; (4) making any appropriation or affecting the City budget; (5) levying or imposing taxes not inconsistent herewith; (6) establishing or prescribing grades in the City; (7) providing for local improvements and assessing costs therefor, or creating sewer or paving districts and assessing costs and benefits of same; (8) dedicating or accepting any plat or subdivision in the City; (9) defining or changing corporate limits or boundaries; (10) prescribing the number, classification, benefits or compensation of any City officers or employees, not inconsistent herewith; (11) prescribing specific parking restrictions, no parking zones; specific speed zones; parking meter zones; and specific stop or yield intersections; (12) rezoning specific property or granting a special permit; (13) any contract or obligation assumed by the City; (14) which is temporary, although general in effect; (15) which is special, although permanent in effect; (16) the purpose of which has been accomplished; and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the City Clerk's office. (Code 1980, § 1-8)

Oklahoma City Municipal Code § 1-9 Code does not affect prior offenses, rights, etc.

§ 1-9. - Code does not affect prior offenses, rights, etc. (a) Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code. (b) The adoption of this Code shall not be interpreted as authorizing or permitting any use or the continuance of any use of a structure or premises in violation of any ordinance of the City in effect on the date of adoption of this Code. (Code 1980, § 1-9)

Oklahoma City Municipal Code § 1-10 Amendments to Code.

§ 1-10. - Amendments to Code. (a) Amendments to any of the provisions of this Code may be made in accordance with the following provisions: (1) If a section is to be amended which appears in the Code as promulgated by the adoption of this Code, the following language may be used: "Section _______ of the Oklahoma City Municipal Code, 2020, is hereby amended to read as follows:". The new amended section should then be set out in full. (2) If a section is to be amended which has been amended by an ordinance so that the section as it appeared in this Code when it was adopted is no longer in full force and effect the following language may be used: "Section _______ of the Oklahoma City Municipal Code, 2020, as amended by Ordinance Number _____, adopted ________, is hereby amended to read as follows:". The amended section should then be set out in full. (3) If a new section of this Code is to be created, the following language may be used: "Section _______ of the Oklahoma City Municipal Code, 2020, is hereby adopted to read as follows:". The section should then be set out in full. (4) If a section of this Code is to be amended, which was not in this Code when it was adopted, the following language should be used: "Section _______ of the Oklahoma City Municipal Code, 2020, as added by Ordinance Number _____, adopted ________, is hereby amended to read as follows:". The section should then be set out in full. Once such an amendment to a section which has been added has been adopted, any subsequent amendment should refer to the last amendatory ordinance in accordance with the provisions of Paragraph (2) above. (b) Amendments which do not comply with the provisions of Subsection (a) shall not be invalid. (Code 1980, § 1-10)

Oklahoma City Municipal Code § 1-11 Supplementation of Code generally.

§ 1-11. - Supplementation of Code generally. (a) Any supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be consecutively numbered. (b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be indicated in the supplement. (c) When preparing a supplement to this Code, the person, agency or organization authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: (1) organize the ordinance material into appropriate organizational units; (2) provide appropriate catchlines, headings and titles for sections and other organizational units of the Code printed in the supplement, and make changes in such catchlines, headings and titles; (3) assign or reassign appropriate numbers to sections and other organizational units in the supplement and, where necessary to accommodate new material, change existing section or other numbers; (4) change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "§§ _______ to _______" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and (5) make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. (Code 1980, § 1-11)

Oklahoma City Municipal Code § 1-12 Exclusion of special or temporary ordinances in supplementation of Code.

§ 1-12. - Exclusion of special or temporary ordinances in supplementation of Code. Ordinances hereafter adopted which are not of a general or permanent nature shall be numbered consecutively, authenticated, published and recorded in the book of ordinances, but shall not be prepared for supplementation to this Code, nor be deemed a part hereof. (Code 1980, § 1-12)

Oklahoma City Municipal Code § 1-13 Responsibility of officers with respect to assigned copies of Code.

§ 1-13. - Responsibility of officers with respect to assigned copies of Code. Each City officer or employee assigned a copy of this Code shall be responsible for maintaining the same. Each such copy shall remain the property of the City and shall be turned over by the officer or employee having custody thereof, upon expiration of his term of office, to his successor or to the City Clerk, in case he shall have no successor. (Code 1980, § 1-13)

Oklahoma City Municipal Code § 1-14 Payment of allegedly invalid fees under protest; notice; protest fund.

§ 1-14. - Payment of allegedly invalid fees under protest; notice; protest fund. (a) In all cases where it is alleged or claimed that fees, in whole or in part, are unconstitutional or otherwise invalid, the aggrieved person shall pay the full amount thereof to the City Treasurer and at the same time give notice in writing to said City Treasurer stating the grounds of the complaint and that suit will be brought against the City Treasurer for the recovery of all or a specified part of said fees. (b) It shall be the duty of the City Treasurer to deposit said fees in a special trust fund in a depository account in the City Treasurer's office to be known as the "Protest Fund" and to retain the same therein for a period of 60 days and if within such time summons shall be served upon the City Treasurer and the City in a suit for the recovery of said fees or a specified part thereof in a court of jurisdiction the City Treasurer shall further retain the fees sued for until the final determination of the suit; however, if no suit is so filed, the City Treasurer shall thereon transfer said fees into the general fund or appropriate specified fund. (c) Upon final determination of any lawsuit if the court shall find that the fees, or any part thereof sued for, were illegally collected, the court shall render judgment in favor of the plaintiff and shall order the City Treasurer to pay the amount due to the plaintiff and transfer the balance of said fees, if any, into the general fund or other appropriate fund of the City. (Code 1980, § 1-15; Ord. No. 19383, § 1, 3-20-90)

Oklahoma City Municipal Code § 1-15 Financial impact report required; contents; procedures required of City Manager; procedures required of Council; waiver; exception; definitions; savings clause.

§ 1-15. - Financial impact report required; contents; procedures required of City Manager; procedures required of Council; waiver; exception; definitions; savings clause. (a) Report required; contents. At the time of first presentation to Council of: (1) any ordinance, or (2) any resolution adopting a rule, regulation, or policy applicable to the citizenry, the business community, any group of City employees, or to more than one City department, or (3) any action that would impact the general revenue fund and/or any limited-purpose revenue fund of the City in a total amount exceeding $1,000,000.00, or (4) any plan that would substantially govern the actions of the Council, City staff, or the community or any amendment(s) to such a plan, or (5) any item by which the City incurs indebtedness beyond the current City fiscal year, the City Manager shall present a report to Council accurately detailing the true financial impact, if any, such ordinance, resolution, or action would have upon City government, upon the citizens of the City, and upon the business community of the City. (b) Procedures required of City Manager. In preparing the financial impact report required by Subsection (a) of this section, the City Manager shall: (1) seek any and all information necessary for the preparation of an accurate report from any and all City departments that would be affected by the ordinance, resolution, or action; (2) seek any and all information necessary for the preparation of an accurate report from any and all sectors of the business community of the City that would be affected by the ordinance, resolution, or action; (3) seek any and all additional information necessary for the preparation of an accurate report from any and all other relevant sources of information; and (4) recommend items of major financial impact to the Council for two Council hearings. (c) Procedures required of Council. Council shall hold not less than two public hearings on any ordinance prior to final passage or approval thereof. The first public hearing shall be held at the time of introduction of such ordinance. Except for emergency ordinances as authorized by Art. II, § 21, of the Oklahoma City Charter, as amended, no such ordinance shall be finally passed or approved by Council on the date of introduction. Provided, nothing in this Subsection (c) shall affect the power of Council to enact emergency ordinances on the date of introduction whenever deemed necessary by Council. (d) Waiver. Any or all of the requirements or procedures set forth in Subsections (a), (b), and (c) of this section may be waived by majority vote of Council in regard to any particular proposed ordinance, resolution, or action. (e) Exceptions. The provisions of this section shall not apply to the following: (1) zoning ordinances that are not published in this Code; (2) budgets or amendments thereto; (3) items pertaining to the Zoo Sales Tax; (4) procurement items; (5) resolutions to approve "listed projects" or "other projects" under the Police/Fire Sales Tax; (6) acceptance of privately constructed facilities; and (7) any item involving construction projects funded by MAPs funds, capital improvement funds or bond funds. (f) Definitions. For purposes of this section, "financial impact" shall refer to the total projected monetary cost, if any, of any ordinance, resolution, or action referred to in Subsection (a) of this section upon City government, upon the citizens of the City, and upon the business community of the City. (g) Savings clause. Failure to comply with any of the provisions of this section shall not affect the validity of any ordinance, resolution, or action otherwise duly adopted or approved by Council. (Ord. No. 20782, § 1, 3-4-97; Ord. No. 21531, § 1, 8-15-00)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH1GEPRFetched: 10/28/2026