Counselors: My police chief asked me about a blanket city ordinance to adopt Title 47 as city ordinances. Has anyone seen an example of this. I really appreciate the advice! [cid:image001.png@01D89600.BAEE5EA0] Lloyd Brent Palmer, Esq. Private Counsel & Attorney at Law PALMER LAW 1609 Arlington Ada, OK 74820 (405) 496-1154 palmer@callpalmer.com<mailto:palmer@callpalmer.com> This email may be privileged attorney-client communication and/or litigation work product. It is intended solely for the addressee(s). Please reply to sender if you receive this message in error. Such error does not waive the applicable privilege(s). Pacta sunt servanda. φφκα

I suspect the City would not have the power to adopt portions of Title 47 because the State has exclusive jurisdiction (licensing vehicles comes immediately to mind). Also, if there is an offense that is punishable as a felony then the City could not adopt that offense. I would visit and see if there are specific things the police chief considers important to adopt. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Lloyd Brent Palmer, Esq. <palmer@callpalmer.com> Sent: Tuesday, July 12, 2022 3:05 PM To: oama@lists.imla.org Subject: [Oama] Adoption of Title 47 for ordinances? Counselors: My police chief asked me about a blanket city ordinance to adopt Title 47 as city ordinances. Has anyone seen an example of this. I really appreciate the advice! Counselors: My police chief asked me about a blanket city ordinance to adopt Title 47 as city ordinances. Has anyone seen an example of this. I really appreciate the advice! [cid:image001.png@01D89605.99132040] Lloyd Brent Palmer, Esq. Private Counsel & Attorney at Law PALMER LAW 1609 Arlington Ada, OK 74820 (405) 496-1154 palmer@callpalmer.com<mailto:palmer@callpalmer.com> This email may be privileged attorney-client communication and/or litigation work product. It is intended solely for the addressee(s). Please reply to sender if you receive this message in error. Such error does not waive the applicable privilege(s). Pacta sunt servanda. φφκα

I've never actually seen this myself, but I have heard Chiefs make reference to having City ordinances that blanket adopt provisions from Title 47 and Title 21. When I've asked them about it, they basically have said that they have specific ordinances and that the blanket adoption is to pick up any that they haven't adopted or, if a law changes and their specific ordinance has not been updated, then to allow them to charge it under that blanket ordinance. I've got fundamental concerns about doing it that way. Jon is 100% right - there are crimes you can't criminalize by ordinance, either because they are felonies or because the State has exclusive jurisdiction over the misdemeanor. I supposed one could argue that merely adopting an ordinance isn't the same as trying to enforce it (hint: how many cities and towns with Courts not of record still have DUI in their ordinances?). But my more fundamental concern is that you are charging someone for a crime when the crime cannot be found in your code. After that, can you blanket adopt a law today that will be adopted in 2023 or beyond? The rebuttal to that, I suppose, would be *well, they have notice of the law because everyone is charged with notice of what's in Titles 21 and 47, and we gave notice that such a violation can be charged locally*. This is a fun time to remind everyone that, as of November 1 I believe, we won't be able to enforce our ordinances on minors and tobacco. The legislature is moving that to a no-fine offense and removed the authorization for Municipal ordinance violations. On Tue, Jul 12, 2022 at 3:40 PM Jon Miller <JMiller@cityofmustang.org> wrote: > I suspect the City would not have the power to adopt portions of Title 47 > because the State has exclusive jurisdiction (licensing vehicles comes > immediately to mind). Also, if there is an offense that is punishable as a > felony then the City could not adopt that offense. I would visit and see > if there are specific things the police chief considers important to adopt. > > > > Jonathan E. Miller > > City Attorney > > City of Mustang > > 1501 N. Mustang Road > > Mustang, Oklahoma 73064 > > Telephone: (405) 376-7746 > > Facsimile: (405) 376-7721 > > > > > > This email is sent by the City Attorney and may contain information that > is privileged or confidential. If you received this email in error, please > notify the sender by reply email and delete the email and any attachments. > If you are a and officer, employee or agent of the City of Mustang, you > should not share this email with others. Sharing this email may result in > a loss of the attorney-client privilege. > > > > > > > > *From:* Lloyd Brent Palmer, Esq. <palmer@callpalmer.com> > *Sent:* Tuesday, July 12, 2022 3:05 PM > *To:* oama@lists.imla.org > *Subject:* [Oama] Adoption of Title 47 for ordinances? > > > > Counselors: > > > > > > My police chief asked me about a blanket city ordinance to adopt Title 47 > as city ordinances. Has anyone seen an example of this. > > > > I really appreciate the advice! > > > > > Lloyd Brent Palmer, Esq. > > Private Counsel & Attorney at Law > > *PALMER LAW* > > 1609 Arlington Ada, OK 74820 > > (405) 496-1154 palmer@callpalmer.com > > > *This email may be privileged attorney-client communication and/or > litigation work product. It is intended solely for the addressee(s). Please > reply to sender if you receive this message in error. Such error does not > waive the applicable privilege(s). Pacta sunt servanda. *φφκα > > > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >