[Prior Code, Sec. 13-1]
A.
A nuisance is unlawfully doing an act, or omitting to perform a duty,
or is any thing or condition which either:
1.
Annoys, injures or endangers the comfort, repose, health or safety
of others;
2.
Offends decency;
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.
B.
A public nuisance is one 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.
[Prior Code, Sec. 13-2]
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.
[Prior Code, Sec. 13-3]
No lapse of time can legalize a public nuisance amounting to
an actual obstruction of public right.
[Prior Code, Sec. 13-4]
[Prior Code, Sec. 13-5]
[Ord. 976-2002, 1-24-2002]
As provided in Section 16 of Title 50 of the Oklahoma Statutes,
the City has the power to determine what is and what shall constitute
a nuisance within its corporate limits and, for the protection of
the public health, the public parks, and the public water supply,
outside of its corporate limits. The City has the power summarily
to abate any such nuisance upon order of the court.
[Prior Code, Sec. 13-7; amended by Ord. 698, 12-7-1987]
A.
In addition to other public nuisances declared by other sections
of this Code or law, the following are hereby declared to be public
nuisances:
1.
The sale, or offering for sale, of unwholesome food or drink; or
the keeping of a place where such sales or offerings are made;
2.
The sale, offering for sale or furnishing of intoxicating liquor
in violation of the state law or ordinances of the City; or keeping
of a place where intoxicating liquor is sold, offered for sale, or
furnished in violation of the state law or ordinances of the City;
3.
The exposure, display, sale, or distribution of obscene pictures,
books, pamphlets, magazines, papers, documents or objects; or the
keeping of a place where such are exposed, displayed, sold or distributed;
4.
The keeping of a place where persons gamble, whether by cards, slot
machines, punchboards or otherwise;
5.
The keeping of a place where prostitution, illicit sexual intercourse,
or other immoral acts are practiced;
6.
The keeping of a place where activities in violation of state law
or ordinance are practiced or carried on;
7.
The conduct or holding of public dances in violation of the ordinances
of the City; or the keeping of a place where such dances are held;
8.
The public exposure of a person having a contagious disease;
9.
The continued making of loud or unusual noises which annoy persons
of ordinary sensibilities; or the keeping of an animal which makes
such noises;
10.
The operation or use of any electrical apparatus or machine which
materially or unduly interferes with radio or television reception
by others;
11.
Any use of a street or sidewalk or a place adjacent thereto which
causes crowds of people to gather so as to obstruct traffic on such
street or sidewalk, or which otherwise obstructs traffic thereon,
except as may be authorized by law or ordinance;
12.
Permitting water or other liquid to flow or fall, or ice or snow
to fall, from any building or structure upon any street or sidewalk;
13.
All wells, pools, cisterns, bodies or containers of water in which
mosquitoes breed or are likely to breed, or which are so constructed,
formed, conditioned, or situated as to endanger the public safety;
14.
Any building or structure which is dangerous to the public health
or safety because of damage, decay or other condition;
15.
Any pit, hole, or other thing which is so constructed, formed, conditioned
or situated as to endanger the public safety;
16.
Any fire or explosion hazard which endangers the public safety;
17.
Any occupation or activity which endangers the public peace, health,
morals, safety or welfare;
18.
Any motor vehicle (whether in operating condition or not) or any
trailer without a current vehicle license plate as required by law
for vehicles used on the public highways, when stored or kept at any
location within the limits of the City;
19.
Any stable or other place where animals are kept that may become
obnoxious or annoying to any resident of this City, by reason of any
noise or noises made by the animal therein, or by reason of lack of
sanitation;
20.
The keeping of any dog kennels within this City for the breeding
and raising of dogs that shall become offensive or annoying to the
public by reason of the barking and noise made by the animals therein
contained;
21.
Any vault, cesspool or sink used to receive human excrement, slop,
garbage, refuse or other filthy substance;
22.
Any pond, slop, trash, refuse, cobs, manure, decayed or decaying
vegetable matter, left, kept or maintained in such condition as to
endanger the public health;
23.
The keeping of any hog pen within the limits of this City;
24.
Every privy or water closet which shall be in an overflowing, leaking
or filthy condition, or in a condition dangerous, injurious or annoying
to the comfort, health and welfare of any resident of this City;
25.
Any green or unsalted hides of any animal kept in any exposed or
open place within the limits of this City;
26.
Any unclean, foul, leaking or broken or defective ditch, drain, gutter,
slop, garbage or manure barrel, box or other receptacle in this City;
or
27.
Every building or other structure that shall become unsafe and dangerous
from fire, decay or other cause, or shall become hazardous from fire,
by reason of age, decay or construction, location or other cause,
or shall be detrimental to the health, safety or welfare of this City
or its inhabitants from any cause.
B.
The above enumeration of certain public nuisances shall be cumulative
and not limit other provisions of law or ordinances defining public
or private nuisances either in more general or more specific terms.
[Prior Code, Sec. 13-8; Ord. 976-2002, 1-24-2002]
A.
Some nuisances are of such nature as to constitute a grave and immediate
danger to the peace, health, safety, morals or welfare of one or more
persons or of the public generally. It is recognized that circumstances
may be such as to justify, and even to require the Mayor or other
appropriate officer or agency of the City government to take immediate
and proper action summarily to abate such nuisances, or to reduce
or suspend the danger until more deliberate action can be taken toward
such abatement.
[Prior Code, Sec. 13-9; Ord. 976-2002, 1-24-2002]
A.
District Court: In cases where it is deemed impractical summarily
to abate a nuisance, the City may bring suit in the district court
of the county where the nuisance is located, as provided in Section
17 of Title 50 of the Oklahoma Statutes.
[Prior Code, Sec. 13-10]
It is unlawful for any person, including, but not limited to,
any owner, lessee, or other person to create or maintain a nuisance
within the City or to permit a nuisance to remain on premises under
his control within the City.
[Ord. 976-2002, 1-24-2002]
A.
Pursuant to authority granted by Section 1-1011 of Title 63 of the
Oklahoma Statutes, the building inspector or compliance officer shall
have authority to order the owner of any private premises in the City
to remove from such premises, at his own expense, any source of filth,
cause of sickness, condition conducive to the breeding of insects
or rodents that might contribute to the transmission of disease, or
any other condition adversely affecting the public health, within
24 hours, or within such other time as may be reasonable, and a failure
to do so shall constitute an offense. Such order shall be in writing
and may be served personally on the owner or authorized agent thereof,
by the building inspector or the compliance officer, or a copy thereof
may be left at the last usual place of abode of the owner or agent,
if known and within the state. If the premises is unoccupied and the
residence of the owner or agent is unknown, or is without the state,
the order may be served by posting a copy thereof on the premises,
or by publication in at least one issue of a newspaper having a general
circulation in the City.
B.
If the order is not complied with, the compliance officer or building
inspector may cause the order to be executed and complied with, and
the cost thereof shall be certified to the City Clerk, and the cost
of removing or abating such nuisance shall be collected in any manner
in which any other debt due the City may be collected.
[Prior Code, Secs. 13-22-13-24]
A.
Any culvert, driveway, pipe or other obstacle upon or in the dedicated
streets, alleys or ways of the City which impedes the flow of water
through drainage ditches now constructed or which might hereafter
be constructed by the City for the purpose of proper drainage of water
falling from any rainfalls, which might reasonably be anticipated,
shall be and is hereby declared to be public nuisances endangering
and interfering with travel upon and the repair and maintenance of
City streets and annoying, injuring and endangering the comfort, repose,
health and safety of the citizens of the City.
B.
All public nuisances existing contrary to the provisions of this
section not abated by the owners or occupants of adjoining premises
or their agents within 10 days after they shall be given notice as
provided herein, shall be abated by the street commissioner or other
officer or employee of the City, designated by motion or resolution
of the City council and acting under the direction of the City council
by digging up, breaking, if necessary or not reasonably avoidable,
and removing such culvert, driveway, pipe or other obstacle and opening
up such drainage ditch, and leaving the same open.
C.
The notice herein mentioned shall be in writing directing the owner
or occupant of premises adjoining such nuisance to abate the same
by removing such obstacle impeding drainage, and shall be given by
mailing to the owner or occupant of such adjoining premises at his
or their last known post office address, or to both, if their names
and post office addresses can be ascertained with reasonable diligence,
by registered or certified mail or by delivery of such notice to such
owner or occupant personally by any officer, employee or agent of
the City or by posting such notice at some conspicuous place upon
such premises if the name or mailing address of the owner or occupant
of the premises cannot be ascertained with reasonable diligence.
[Prior Code, Sec. 13-34]
The various procedures for abating nuisances prescribed by this
chapter and by other provisions of law and ordinance shall be cumulative
on to any other penalties or procedures authorized.
