(Cushing, Okla.) Cushing Board of Commissioners met Monday evening and voted to put some “teeth” into an ordinance relating to skateboards/toy vehicles or similar devices.  In a special study session meeting held last week, commissioners discussed a possible amendment defining “downtown business district,” “skateboard” and “toy vehicles,” the operation of such items and the penalties if the ordinance is violated.

 Commissioners voted unanimously to amend section 106-462, but 106-461 (a) received one nay from Jim Hogrefe who thought the potential fine of $500 was “too high.”  Fines will range from $0 to $500 and will be left up to the discretion of the judge.  Prior to the approved amendment, fines ranged between $1 and $25.

Commissioners had hoped the new skateboard park would put an end to disruptive and sometimes destructive skateboarding in downtown.  And while the skateboard park has helped, there are some who still insist in skateboarding elsewhere.  

On another note, commissioners approved to amend the 2009 – 2010 budget which came in just a little over $125,000 less in expenditures than what was budgeted for.

City Manager Steve Spears attributed it to the receipt of additional revenue.

Also approved, the 2010-2011 budget for the City of Cushing.

Commissioners approved a resolution to establish a fee schedule for ambulance services for the Cushing Municipal Ambulance Service.

Fire Chief Brent Kerr and Deputy Fire Chief Chris Pixler explained the proposed fee schedule is “an effort to collect all available reimbursements without raising the cost of EMS services.”  Because the department is currently upgrading to paramedic level service, staff members met with Medi-claims representatives to discuss the Medicare reimbursements for ALS service.  Medicare reimburses based on each patient’s needs and the exact level of service rendered to that patient.

The current rate is: $400 + $8.50/mile

Under the approved fee schedule the rates would be:

Basic level Service (BLS) – $400 + $10.50/mile

Intermediate/Paramedic (ALS1) – $500 + $10.50/mile

Paramedic (ALS2) – $600 + $10.50

Chief Kerr announced the first three firefighters graduated paramedic training this month.  “We’re pretty proud,” Kerr said.  “And we have three more in training.” 

Mayor Rossiter asked if the trainees have been able to use the Blazer recently donated to the department by Enbridge.  “Yes, yes they have,” Kerr said.  “They’ve taken it to go to Poteau – that’s where some of the classes were.”

Resolution no. 15-2010 was passed allowing the purchase of a compact excavator for the sewer maintenance department.  “We’ve been leasing one,” City Manager Steve Spears said.  “But with all the work we are going to have to do, we felt it would be more cost effective to purchase one.”

The discounted state contract rate of the John Deere 60D is $54,804 and will be purchased through Northern Equipment Company.

Other agenda items include the purchase of water materials for the water distribution department; approval of a network care and maintenance agreement with James H. Burt III for city computers; purchase of light poles to replace the damaged lights along Broadway in the downtown business district; also – at the request of Envirocon, Inc, the city will provide a police patrol vehicle and officer for public safety purposes.  “It’s a win/win thing,” Spears pointed out.  “It’s a win for the company because we are helping to ensure public safety,” Spears said.  “Its a win for the officer because he’s being paid time and a half.”

Some exciting news at the Cushing Police Department – it now has a website!  Visit it by clicking here:  www.cushingpd.com

Cushing Board of Commissioners meet the third Monday of each month in City Hall.  Meetings are open to the public.

Here are the two skateboard amendments in their entirety:

Section 1.  Section 106-462 of the Cushing City Code be and hereby is amended to provide as follows:

Sec. 106-462: Use of skateboards, toy vehicles, etc.

(a)  Definitions:

      (1)  “Downtown business district”:  The Downtown Business District shall compose the areas between the following streets and avenues: From Oak Street South on Little Avenue to Cherry Street; Thence West on Cherry to Seay Street; Thence North on Seay to Broadway Street; Thence West on Broadway to Depot Street; Thence North on Depot to Oak Street; thence East on Oak to Little Avenue.

      (2) “Skateboard”:  A device consisting of a short, oblong board made of wood, plastic, metal, or components thereof, with wheels for riding upon, usually in a standing position.  It may or may not be motorized.

      (3) “Toy vehicles”:  Coasters, scooters, roller skates, or any other non-motorized device with wheels or rollers upon which a person may ride.  This definition does not apply, so long as they are used for the purposes for which they are intended, to wagons, wheelchairs and strollers or other devices designed and used for the purpose of transporting children, infants, physically challenged, or incapacitated persons, or to bicycles, or to carts or other devices intended and used for transporting merchandise or materials.

(b.)  Skateboarding on streets and highways.  No person shall operate a skateboard or toy vehicle:

       (1)  On a public street if there is a sidewalk adjacent to such street.  If no sidewalk exists, skateboards may be ridden on the street providing such street riding shall be done as far to the right side of hte road as possible, and in the same direction as traffic; and street crossing shall only be made on a crosswalk;

       (2)  On a public highway;

       (3)  By attaching himself or herself to any vehicle upon a roadway;

       (4)  On the premises of any business, residence or other private property without the express consent of the owner thereof;

        (5)  In, upon or on any public property except in the Skateboard Park in the City park of the City of Cushing;

        (6)  Within the downtown business district;

        (7)  On any public benchk table, picninc table or other device or structure which is not intended for pedestrian or vehicular traffic, or lump or step on or off such structures in the preocess of riding a skateboard or toy vehicle;

        (8)  Upon any public steps or handicapped ramp

(c)   Yield right of way.  Any person operating a skateboard or toy vehicle must yield the right of way to any pedestrian or motor vehicle.

(d)  Bicycles not included.  The operation of bicycles is covered by other provisions, and is not intended to be regulated by this ordinance.

Section 2:  Penalty

In lieu of the penalties set forth in Section 106-461, for a first time offense, the owner of a skateboard may voluntarily surrender such skateboard to the Cushing Police Department for a period of one week.  Surrendered skateboards must be retrieved within seven (7) days following the end of one week.  If not so retrieved, the Department may dispose of such skateboard as with other unclaimed property.

Section 3:  Severability  Severability is intended throughout and within the provisions of the ordinance.  If any provisions, including any exception, part, phrase and term or the application thereof to any persons or circumstances is held invalid, the application to other persons or circumstances shall not be affected thereby and the validity of the ordinance in any and all other respects shwll not be affected thereby.

Section 4:  Declaration of Emergency That for the preservation of the public health, peace and safety, an emergency is hereby declared to exist by reason whereof this ordinance shall be in full force and effect from and after its passage, approval and publication.

Ordinance no. 06-21-10-02

An ordinance amending section 106-461 (a) of the Cushing City Code increasing the maximum fine for violation of the provisions of article XII of the Cushing City Code, Bicycles and play vehicles, including skateboards, to the maximum penalty provided in section 1-8 of the Cushing City Code; and declaring an emergency.

Be it ordained by the Board of Commissioners of the City of Cushing as follows:

Section 1.  Section 106-461(a) of the Cushing City Code be and hereby is amended to provide as follows:

(a) It is a misdemeanor and punishable by a maximum fine of the maximum penalty provided for in S1-8 of the Cushing City Code for any person to do any act forbidden or fail to perform any act required in this article.

Section 2.  Declaration of Emergency.  That for the preservation of the public health, peace and safety, an emergency is hereby declared to exist by reason whereof this ordinance shall be in full force and effect from and after its passage, approval and publication.

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