STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 838	By:	Leftwich

AS INTRODUCED

An Act relating to cities and towns; amending 11 O.S. 2001, Section 22-117, as amended by Section 1, Chapter 132, O.S.L. 2006 (11 O.S. Supp. 2008, Section 22-117), which relates to traffic ordinances and regulations; authorizing certain municipalities to enact certain ordinances to enforce certain traffic violations; providing for penalties; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     11 O.S. 2001, Section 22-117, as amended by Section 1, Chapter 132, O.S.L. 2006 (11 O.S. Supp. 2008, Section 22-117), is amended to read as follows:
Section 22-117.  A.  The municipal governing body may establish ordinances and regulations governing the operation of motor vehicles and traffic upon the roads and streets within the municipality in the manner provided by, and not inconsistent with, state law.  An ordinance or regulation shall be consistent with state law if it is reasonably related to traffic safety or control or flow of traffic and does not contradict a specific provision of state law.  The governing body may also regulate and prevent racing and fast driving, and all games, practices or amusements likely to result in damage to any person or property, in the streets, highways, alleys, bridges, sidewalks or other places in the municipality, and riding or driving over or upon the sidewalks of the municipality.
B.  Any municipal governing body which establishes ordinances and regulations governing school zone speed limits, shall place school zone signs designating the beginning and end of the zone on the side or in the center of the roadway.  Such end zone signing shall be as follows:
1.  On roadways of two driving lanes, only the end zone signing may be on either side of the roadway or in the center of the roadway; and
2.  On roadways in excess of two driving lanes, the end zone signing shall be on the right side of the roadway or in the center of the roadway if said roadway is divided by a median.
C.  Any municipal governing body with a population in excess of three hundred thousand (300,000) persons according to the latest federal decennial census, may enact ordinances and regulations to create an automated electronic traffic control system.  Such system shall establish a civil system or procedure, or both, with civil penalties to enforce traffic regulations concerning violations of traffic control devices at intersections.  Such ordinances or regulations, or both, shall include the following:
1.  A written notice of violations;
2.  An opportunity for an administrative hearing; and
3.  An administrative appeal process for any person alleged to owe a fee; provided, however, the administrative appeal shall be conducted by a person and/or board that is not employed, compensated and/or subject to the direct supervision of the same department of that municipality that issued the violation.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-437	JT	1/14/2009 4:55:12 PM