It is unlawful for any person, firm, or corporation, or agent or employee thereof, to play, to open or cause to be opened, or to operate, carry on, or conduct, whether for hire or not, any game of faro, or any device, for money, checks, chips, credit, or any other thing of value; to set up, operate, or permit to be operated, any slot machine or other device whatsoever where money, checks, chips, credit, or any other thing of value are played, when the act of playing the same results in a gain or loss to the party playing; or to gamble knowingly in any other manner; or knowingly to permit his or its premises, houses, lot or other property to be used in connection with, or for, any act declared unlawful in this section.
It is unlawful for any person knowingly to deceive another (whether by impersonation, misrepresentation, or otherwise) when such deception results in or contributes to the loss, damage, harm, or injury of the person deceived or of a third party, or results in or contributes to the benefit of the deceiver.
DECEIT – Is hereby defined to mean any willful representation of the existence of any fact or circumstance which in truth does not exist by which representation one person procures from another anything of value, not exceeding in value the sum of $50 to the injury of the person on whom such deceit is practiced.
FRAUD – Within the contemplation of this section is hereby defined to mean any willful and misleading representation in writing or any false statement in writing made or signed by any person with the intent that such representation or statement shall be relied upon by any other persons, whereby the former procures anything of value, not exceeding $50 in value, from the person, directly or indirectly is caused to suffer any financial loss by relying or acting upon, or receiving, buying, accepting or uttering such representation or statement.
Anyone who commits an act of deceit or fraud in the City of Weatherford is guilty of an offense and shall be punished accordingly.
It is unlawful for any person, with intent to cheat and defraud, to obtain or attempt to obtain from any person any money, property, or valuable thing of the value of less than $50 by means of any false or bogus check or by any other written or printed or engraved instrument or spurious coin. The term "false" or "bogus check" shall include checks or orders given for money or property which are not honored on account of insufficient funds of the maker to pay same, as against the maker or drawer thereof. The making, drawing, issuing, or delivering of a check, draft, or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and the knowledge of insufficient funds in, or credit with, such bank or other depository; provided, such maker or drawer shall not have paid the drawee the amount due thereon, together with the protest fees, within five days from the date the same is presented for payment; and provided, further that said check or order is presented for payment within 30 days after same is delivered and accepted.
It is unlawful for any person to beg alms from any person, organization, or agency except an organization or agency, public or private, whose purpose or one of whose purposes is to aid persons in need.
It shall be unlawful and an offense for any person to register or attempt to register under a false or assumed name to any hotel or rooming house within this city.
It shall be unlawful and an offense for any person having the control or management thereof or the charge of registering guests in any hotel or rooming house to register or permit such guests to register under an assumed or false name when such person has knowledge that the name offered for registration is not the correct name of the party attempting the registration.
It is unlawful for any person or any agent or employee thereof, to keep or assist in keeping a house of prostitution or a house or place in the city where people meet or assemble for illicit sexual intercourse or for any other lewd or immoral purpose.
It is unlawful for any person to act as a pimp, or procurer, for any house or place of prostitution, for any prostitute or other person engaged in an immoral vocation, or to procure, assist in procuring, or attempt to procure any person for another for illicit sexual intercourse or for any other immoral purpose.
It is unlawful for any person to appear in any public place in the city in a state of nudity or in any offensive, indecent, or lewd dress; or to make an indecent public exposure of his person.
It is unlawful for any person to conduct himself in lewd or indecent manner in any public place within the city.
It is unlawful for any person to hide or loiter in the vicinity of any private dwelling house, apartment, or building with the intent to watch, or gaze or look at, occupants therein in a clandestine manner; or while so hiding or loitering, to watch, or gaze or look at, occupants therein in a clandestine manner.
For the purpose of this Code the definition of intoxicating liquor shall be the same as prescribed by the Statutes of the State of Oklahoma. (Reference 1991 O.S., Title 37, Section 163.1.)
For the purpose of this Code the definition of low-point beer shall be the same as prescribed by the Statutes of the State of Oklahoma. (Reference 1991 O.S., Title 37, Section 163.2.)
It is unlawful for any person to barter, sell, give away, or otherwise furnish to another, any intoxicating liquor, intoxicating beverage, or low-point beer of any kind except as may be permitted by the Statutes of the State of Oklahoma or this Code of Ordinances.
It is unlawful for any person to have in his possession or under his control any intoxicating liquor or intoxicating beverage of any kind, or to transport or in any manner convey from place to place within the city any such intoxicating liquor or intoxicating beverage except as permitted by the Statutes of the State of Oklahoma or this Code of Ordinances.
It is unlawful for any person to have in his possession or under his control any low-point beer beverage of any kind, or to transport or in any manner convey from place to place within the city any such low-point beer except as permitted by the Statutes of the State of Oklahoma or this Code of Ordinances.
It is unlawful for any person or any agent or employee thereof, to keep, maintain, or aid or abet in keeping or maintaining, a place where intoxicating liquor is sold, bartered, given away or otherwise furnished in violation of law or the ordinances of the city.
[Amended 1-29-1998, Ordinance 1998-3]
It is unlawful for any person drunk, or in a state of intoxication, to appear or be upon or in any street, alley, place of business, public place or be in the view of a person in such public place; or for any reason to drink intoxicating liquor or intoxicating beverage upon or in any street, alley, public place, or any business property outside any building, structure, or area used for parking or loading.
It is unlawful for any person drunk, or in a state of intoxication, to appear or be upon or in any street, alley, place of business, public place or be in the view of a person in such place; or for any person to drink low-point beer upon or in any street, alley, public place, or on any business property outside any building, structure, or area used for parking or loading.
[Amended 1-29-1998, Ordinance 1998-3]
All persons under the age of 21 are hereby defined as minors for the purpose of this Code.
[Amended 1-29-1998, Ordinance 1998-3]
It shall be unlawful for any person to loiter, idle, wander, stroll or play in or upon any business property, outside the building and used as a parking or loading area, during closing hours without having first obtained permission from the business.
[Added 1-27-2006, Ordinance 2007-05 § 1]
Definitions. For purposes of Section 15.26, the following definitions shall apply:
- Shall mean ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
- ALCOHOLIC BEVERAGE
- Shall mean and include alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains 1/2 of 1% or more alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. This term includes intoxicating beverages and low point beer as defined herein.
- Shall mean a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity.
- INTOXICATING BEVERAGE
- Shall mean and include beverages containing more than 3.2% alcohol by weight.
- LEGAL GUARDIAN
- Shall mean (1) a person who, by court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.
- LOW POINT BEER
- Shall mean and include beverages containing more than 1/2 of 1% alcohol by volume, and not more than 3.2% alcohol by weight, including but not limited to beer or cereal malt beverages obtained by the alcoholic fermentation of an infusion of barley or other grain, malt or similar products.
- Shall mean any person less than 21 years of age.
- Shall mean a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.
- Shall mean any residence or other private property place, or premises, including any commercial or business premises.
- RESPONSE COSTS
- Shall mean the costs associated with responses by law enforcement, fire, and other emergency response providers to a gathering, including but not limited to (1) salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to the enforcement of this section.
Consumption of Alcohol by Minor in Public Place, Place Open to Public, or Place Not Open to Public.
Except as permitted by state law, it is unlawful for any minor to:
Hosting, permitting, or allowing a party, gathering, or event where minors are consuming alcoholic beverages is prohibited.
It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers' licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering.
It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in subsection 3a of this section.
This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian.
Nothing in this section should be interpreted to prohibit any family activity held in the confines of the family home from providing the use of alcohol to immediate family members within the supervision of parents and guardians. However, if a minor leaves such a family gathering intoxicated and is found in public then said providers of alcohol will be held responsible in the same manner as a non-family gathering.
Nothing in this section should be interpreted to prohibit any religious practice which includes the use of alcohol. However, if a minor leaves such a religious gathering intoxicated and is found to be in public then said providers of alcohol will be held responsible in the same manner as a nonreligious gathering.
This section shall not apply to any premises licensed by the State of Oklahoma to dispense alcoholic beverages.
Reservation of Legal Options. Violations of this section may be prosecuted by the City of Weatherford criminally, civilly, and/or administratively as provided by the Municipal Code. The city may seek administrative fees and response costs associated with enforcement of this section through all remedies or procedures provided by statute, ordinance, or law. This section shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this section, nor shall they limit the city's ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of this section.
Local Authority. This section shall not apply where prohibited or preempted by State or Federal law.
[Added 3-31-2015 by Ordinance 2015-03]
Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
INDOOR AREA – Shall mean any indoor city-owned/operated property. An indoor area includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees or the public, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor areas at any given time, whether or not work is being performed.
OUTDOOR AREA – Shall mean any covered area, partially covered area or area open to the sky that is on a property owned or operated by the city.
RECREATIONAL AREA – Shall mean any area that is owned, controlled or used by the City of Weatherford and open to the general public for recreational purposes, regardless of any fee or age requirement. The term recreational area includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice- skating rinks, beaches surrounding lakes and skateboard parks.
TOBACCO PRODUCT – Shall mean any product that contains or is derived from tobacco and is intended for human consumption excluding drugs or devices approved for cessation by the United States Food and Drug Administration. This includes e-cigarettes and vapor products, with or without nicotine.
TOBACCO-FREE – Shall mean to prohibit the use of any tobacco product by anyone, anywhere, at any time.
VAPOR PRODUCT – Shall mean noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. Vapor products shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor products do not include any products regulated by the United States Food, Drug and Cosmetic Act.
Prohibition of Tobacco Products and Vapor Products on City-Owned/Operated Property.
The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor or outdoor areas owned or operated by this City.
All buildings and other properties, including indoor and outdoor areas, owned or operated by this City, shall be entirely tobacco free to include all forms of tobacco products including vapor products.
All indoor and outdoor recreational areas owned or operated by this City, shall be entirely tobacco free to include all forms of tobacco products including vapor products.
The City of Weatherford shall be responsible for posting a sign or decal, at least four inches by two inches in size, at each entrance of City-owned/operated property indicating the property is tobacco-free.
The posting of signs or decals is the responsibility of the manager and/or supervisor of the City-owned/operated facility.
Violations and Penalty. Any person who knowingly violates this section is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine as set by the City.
Enforcement. The State or local governmental agency shall, at a minimum, do the following in order to prevent tobacco and vapor product use in City owned/operated places:
Ordinance Effective Date. This Tobacco Free City Owned/operated Property Ordinance is effective immediately after publication and applies to all covered entities on or after that date.