§ 50-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adjudication means a judicial sentence or formal judgment.

Alcoholic beverages means alcohol, spirits, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. The term "alcoholic beverages" includes intoxicating beverages and low-point beer.

At school means on school grounds, in school vehicles, at school-sponsored activities, or at school-sanctioned events.

Bullying means any pattern of harassment, intimidation, threatening behavior, physical acts, verbal or electronic communication directed towards a student that results in or is reasonably perceived as being done with the intent to cause negative educational or physical results for the targeted student and is communicated in such a way as to disrupt or interfere with the school's educational mission or the education of any student.

Chief of police means the peace officer in charge of the police force of this city.

Citation means a style of summons issued to a person who is in violation of an ordinance of this city and is an official summons to appear in municipal court.

Citizen's complaint means a style of case in which a citizen charges another with an offense.

CLEET means Council on Law Enforcement Education and Training.

Clerk or city clerk means the clerk of the city, including any deputy or member of the office staff of the clerk while performing duties of the clerk's office.

Complaining party means a citizen that pursues an offense against another.

Controlled dangerous substance means a drug, substance, or immediate precursor in Schedules I through V of the Uniform Controlled Dangerous Substance Act or any drug, substance or immediate precursor listed either temporarily or permanently as a federally controlled substance. Any conflict between state and federal law with regard to the particular schedule in which a substance is listed shall be resolved in favor of state law.

Conviction means the final adjudication of guilt, either by plea or judgment of the municipal judge, including, but not limited to, a bond forfeiture.

Court means the municipal court of this city.

Court administrator (also known as court clerk ) means the clerk of the municipal court.

Deliver means the means or intent to transfer from one person to another.

Department of public safety (also known as DPS ) means the state agency in which driving privileges are granted and records retained.

Disorderly conduct means actions that disturb others or the peace, recklessly creating a risk to self or others, or engaging in fighting or in violent, tumultuous or threatening behavior.

Distribute means to deliver or intend to deliver.

District court means the district court of Canadian County, State of Oklahoma.

Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act.

Electronic communication means the communication of any written, verbal, pictorial information or video content by means of an electronic device, including, but not limited to, a telephone, cellular device, or computer and includes all forms of social media.

Imitation controlled substance means a substance that is not a controlled dangerous substance, which by dosage unit appearance, color, shape, size, markings or by representations made, would lead a reasonable person to believe that the substance is a controlled dangerous substance. In the event the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an imitation controlled substance, the court or authority concerned should consider, in addition to all other factors, the following factors as related to representations made in determining whether the substance is an imitation controlled substance:

(1)

Statements made by an owner or by any other person in control of the substance concerning the nature of the substance, or its use or effect;

(2)

Statements made to the recipient that the substance may be resold for inordinate profit;

(3)

Whether the substance is packaged in a manner normally used for illicit controlled substances;

(4)

Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;

(5)

Prior convictions, if any, of an owner, or any other person in control of the object, under state or federal law related to controlled substances or fraud; and

(6)

The proximity of the substances to controlled dangerous substances.

Judge means the judge of the municipal court, including any acting judge thereof as provided for by the statutes of this state and this chapter.

Juvenile means any person under 18 years of age.

Legal guardian means:

(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.

Minor means any person under 21 years of age.

Municipal court (also known as Yukon Municipal Court ) means the City of Yukon Municipal Court.

OBN means the Oklahoma Bureau of Narcotics.

OSBI means the Oklahoma State Bureau of Investigation.

Parent means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.

Police department (also known as Yukon Police Department ) means the police that control and keep lawful order of the city.

Premises means any residence or other private property, place, or premises, including any commercial or business premises.

Prosecutor (also known as city prosecutor ) means the prosecuting attorney for the municipal court.

Threatening behavior means any pattern of behavior or isolated action, whether or not it is directed at another person, that a reasonable person would believe indicates potential for future harm.

Trespass means entry upon the premises of an owner or other person in lawful possession of the premises without the express or the implied consent of the owner or other person in lawful possession.

Vapor product means a noncombustible product, that may or may not contain nicotine, that employs 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. The term "vapor product" includes any vapor cartridge or other container with or without nicotine that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

(Code 1975, § 14-2; Code 1995, § 34-27; Ord. No. 1312, § 1, 3-17-2015)