[Code 1974 §§ 13-1, 13-7; Code 1985 § 17-1;
Code 2005 § 38-31]
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:
AGRICULTURAL ACTIVITIES
Includes, but is not limited to, the growing or raising of
horticultural and viticultural crops, berries, poultry, livestock,
grain, mint, hay and dairy products.
FARMLAND
Land devoted primarily to production of livestock or agricultural
commodities.
NUISANCE
Unlawfully doing an act, or omitting to perform a duty, or
any thing or condition, when such act, omission, thing or condition:
(1)
Annoys, injures or endangers the comfort, repose, health or
safety of others;
(3)
Unlawfully interferes with, obstructs or tends to obstruct or
renders dangerous for passage, any lake or navigable river, stream,
canal or basin, or any public park, square, street or other public
property; or
(4)
In any way renders other persons insecure in life or in the
use of property.
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Agricultural activities conducted on farm or ranch land, if
consistent with good agricultural practices and established prior
to nearby nonagricultural activities, are presumed to be reasonable
and do not constitute a nuisance unless the activity has a substantial
adverse affect on the public health and safety. If that agricultural
activity is undertaken in conformity with federal, state and local
laws and regulations, it is presumed to be good agricultural practice
and not adversely affecting the public health and safety.
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PRIVATE NUISANCE
Every nuisance not included in the definition of "public
nuisance" in this section.
PUBLIC NUISANCE
A nuisance which affects at the same time an entire community
or neighborhood, or any considerable number of persons, although the
extent of the annoyance or damage inflicted upon the individuals may
be unequal.
[Code 1974 § 13-11; Code 1985 § 17-2;
Code 2005 § 38-32]
The fact that certain acts, conditions or other signs or matters
are declared by this article to be nuisances shall not be construed
to deny that any other act, fact, condition or thing shall not be
a nuisance if such thing would have been a nuisance under the laws
or other ordinances of this City.
[Code 1974 § 13-2; Code 1985 § 17-3;
Code 2005 § 38-33]
Every successive owner of property who neglects to abate a continuing
nuisance upon or in the use of such property, created by a former
owner, is liable therefor in the same manner as the one who first
created it.
[Code 1974 § 13-3; Code 1985 § 17-4;
Code 2005 § 38-34]
No lapse of time can legalize a public nuisance amounting to
an actual obstruction of public right.
[Code 1974 § 13-4; Code 1985 § 17-5;
Code 2005 § 38-35]
The remedies against a public nuisance are:
(1) Prosecution on complaint before the municipal court.
(2) Prosecution on information or indictment before another appropriate
court.
(4) Abatement:
a. By person injured as provided by law.
b. By the City in accordance with law or ordinance.
[Code 1974 § 13-5; Code 1985 § 17-6;
Code 2005 § 38-36]
The remedies against a private nuisance are:
(2) Abatement:
a. By person injured as provided by law.
b. By the City in accordance with law or ordinance.
c. Whenever it is practical to do so, the City has the power summarily
to abate any such nuisance after notice to the owner and an opportunity
for him to be heard, if this can be done, all in accordance with 50
O.S. § 16.
[Code 1974 §§ 13-8 — 13-10; Code 1985
§ 17-7; Code 2005 § 38-37; Ord. 1-17-17-01, 11-17-2017; amended at adoption]
A. Affect
on health. The following are hereby declared to be public nuisances
affecting health:
(1) All decayed or unwholesome food offered for sale to the public;
(2) All ponds, pools of water or vessels holding stagnant water in which
mosquitoes can breed;
(3) Milk, other dairy products, and eggs not produced in conformation
with state law that are offered for sale to the public;
(4) Carcasses of animals not buried or otherwise disposed of in a sanitary
manner within 24 hours after death;
(5) Accumulation of manure or rubbish which are breeding places for flies,
mosquitoes or of vermin;
(6) Privy vaults and garbage cans which are not flytight or are contrary
to ordinances relating thereto;
(7) All animals or fowls which are running at large or without a required
license;
(8) Noxious weeds and other rank growths of vegetation upon public or
private property; any weeds on private property or parkings adjoining
or in the alley adjoining the private property or parkings to the
centerline thereof;
(9) Dense smoke, noxious fumes, gas, soot or cinders in such quantities
as to render the occupancy of property uncomfortable to a person of
ordinary sensibilities;
(10) Offensive trades and businesses as defined by statute which are not
licensed as provided by law;
(11) All public exposure of persons having contagious or infectious disease;
(12) The use of a common public drinking cup or towel;
(13) The distribution of samples of medicines or drugs unless such samples
are handed and delivered to persons in hand;
(14) All other acts, omissions of acts, occupations and uses of property
which are in fact a menace to the public health;
(15) All animal or fowl pens kept or maintained contrary to ordinances
relating thereto.
(16) The open storage of any junk motor vehicle, vehicle part, appliance,
furniture, building material, building rubbish, paper or cloth goods,
or similar items; the term "open storage" shall be defined to include,
but shall not be limited to, all storage on the premises which is
not inside a building, such as storage on porches, storage under carports
and similar areas and storage inside fenced yards; patio and lawn
furniture in good condition and designed for outdoor use and firewood
neatly stacked and stored (for private use on said property) in the
rear or side yards behind the front building line is permissible;
this subsection shall not be construed to prohibit activities permitted
by and done in compliance with City Zoning Ordinances.
B. Affecting
public morals and decency. The following are hereby declared to be
public nuisances affecting public morals and decency:
(1) All gambling devices, slot machines, punch boards and other such
contrivances of similar character, involving any element of chance
as a consideration or part consideration;
(2) All houses kept for the purpose of prostitution or promiscuous sexual
intercourse, gambling houses, houses of ill-fame and bawdy houses;
(3) All domestic animals in the act of copulation exposed to public view;
(4) All places where intoxicating liquors are manufactured, sold, bartered
or given away in violation of law or where persons are permitted to
resort for the purpose of drinking intoxicating liquors kept for sale,
barter or distribution in violation of law, and all liquors, bottles,
kegs, pumps, bars and other property kept at and used for maintaining
such a place;
(5) Any vehicle used for any illegal purpose;
(6) All indecent or obscene pictures, books, pamphlets, magazines and
newspapers;
(7) The public use of profane or obscene language;
(8) Betting, bookmaking and all apparatus used in such occupation;
(9) Places used for the holding of public dances unless conducted as
provided by law.
C. Affecting
public peace and safety. The following are hereby declared to be public
nuisances affecting public peace and safety:
(1) All snow and ice not removed from public sidewalks within 12 hours
after the snow or ice has ceased to fall thereon;
(2) All trees, hedges, billboards or other obstructions which prevent
persons driving vehicles approaching an intersection of public highways
from a clear view of traffic approaching such intersection from cross
streets, for 30 feet along such cross streets measured from the property
line;
(3) All limbs of trees which project over a public sidewalk or street
and which are less than eight feet above the surface of such public
sidewalk and nine feet above the surface of such street;
(4) All wires over streets, alleys or public grounds which are strung
less than 15 feet above the surface of the ground and all wires not
licensed by the City;
(5) All buildings, walls and other structures which have been damaged
by fire, decay or otherwise, and which are so situated as to endanger
the safety of the public, or otherwise built, erected or maintained
in violation of any ordinance;
(6) All explosives, inflammable liquids and other dangerous substances
stored in any manner, in any amount other than that provided by ordinance;
(7) All loud and unusual noises and disturbing vibrations which offend
the peace and quiet of persons of ordinary sensibilities;
(8) All buildings and all alterations to buildings made or erected within
the fire limits as established by ordinance in violation of the ordinance
concerning manner and materials of construction;
(9) Obstructions and excavations affecting the ordinary use by the public
of streets, alleys and sidewalks or public ground, except under such
conditions as are provided by ordinance;
(10) Radio antennas strung or erected in any way contrary to any ordinance
relating to radio antennas;
(11) Any use of the public streets or sidewalks, without a permit from
the City, which causes large crowds of people to gather, obstructing
traffic and the free use of the streets or sidewalks;
(12) All hanging signs, awnings or canopies and other similar structures
over the streets or sidewalks so situated or constructed as to endanger
public safety, or contrary to ordinance;
(13) The allowing of rainwater, ice or snow to fall from any building
or structure upon any street or sidewalk or to flow across any sidewalk;
(14) All barbed wire fences that are located within three feet of any public sidewalk or that are in violation of §
14-30.
(15) The distribution of handbills, except as provided by ordinance.
[Code 1974 §§ 9-2, 9-24; Code 1985 § 17-8;
Code 2005 § 38-38]
A. Any
person who shall keep or maintain any public nuisance within the City
who shall fail, refuse or neglect to remedy the nuisance for a period
of five days after a written notice from the City shall be guilty
of an offense.
B. It
shall be the duty and responsibility of the owner and tenant on each
lot or parcel of land or ground within the City to keep such premises
free and clear of all classes of refuse, garbage and trash and other
substances dangerous to the public health, sanitation and welfare
of the community.
[Code 1974 §§ 13-23, 13-25; Code 1985 § 17-9;
Code 2005 § 38-39]
The various procedures for abating nuisances prescribed by law
and ordinance shall be cumulative, and the City may elect to follow
any such procedure which is applicable in abating any particular nuisance.
Notwithstanding any of the provisions of this chapter, the City may,
subsequent to the adoption of a resolution by the Board of Commissioners
directing the institution of suit, bring an action for the abatement
of any nuisance. Nothing contained in this section shall be construed
to abridge the rights of citizens of the City to bring and maintain
actions in the proper courts for the abatement of nuisances which
are specially injurious to them.