[HISTORY: Adopted by the City Council of the City of El Reno 9-1-1972 as Ch. 30, Secs. 30-1, 30-3, 30-4 and 30-13, of the 1972 Code. Amendments noted where applicable.]
A. 
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance:
(1) 
Vacating, opening or dedicating specific streets and alleys.
(2) 
Relating to specific street improvements and assessments therefor.
(3) 
Relating to the grade or alignment of specific streets.
(4) 
Naming or renaming specific streets.
(5) 
Granting railroads the right to use specific streets and alleys.
B. 
All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
[Amended 4-20-2004 by Ord. No. 2985]
A. 
It shall be unlawful for any person to use or obstruct the sidewalks of the City in any manner so as to interfere unduly with pedestrian traffic thereon, or to use or obstruct the streets and alleys of the City in any manner so as to interfere unduly with lawful traffic and parking thereon.
B. 
It shall be unlawful for any person to place upon or permit to be placed upon the sidewalks, parking areas, streets and alleys of the City any goods, wares, articles of merchandise or any other obstruction, and leave the same thereon, or to use the same as a place to carry on a business or trade. Festivals, shows or other activities as permitted by appropriate City permit are exempt from this chapter.
C. 
No person shall ride upon skates, skateboards, scooters, coasters or similar devices on the sidewalks within the downtown business area, other business locations, strip shops or malls. Medically necessary electric-powered personal assistive devices are exempt and allowed on all sidewalks.
It shall be unlawful for any person to obstruct any street, sidewalk or alley within the City by placing any approach driveway or other obstruction or substance whatever that will obstruct or prevent the natural flow of water into the storm sewers or drains, or dam the same so as to back any water upon the streets, alleys, sidewalks or gutter.
[Amended 6-3-1997 by Ord. No. 2838]
A. 
The City Council may close to the public use of any public way or easement within the municipality whenever such action is deemed necessary or expedient.
B. 
In the event the City considers vacating a public street, prior to enacting an ordinance vacating a public street, the City shall cause notice of hearing to be mailed by first class mail at least 30 days prior to the date set for the hearing to all owners of land, as shown by the current year's tax rolls in the office of the County Treasurer, within 300 feet of the tract, street, alley, easement or portion thereof sought to be vacated. The City shall also comply with the notice requirements of the Open Meeting Act.[1]
[1]
Editor's Note: See 25 O.S. § 301 et seq.
C. 
The municipality shall give written notice of any proposed closing of a public way or easement to any holder of a franchise or others determined by the governing body to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement at least 30 days prior to passage of any ordinance providing for closing of a public way or easement.
D. 
The action by the City to vacate or close a public way or easement shall be subject to the provisions of 11 O.S. § 42-110 or any amendment thereof.
[Added 6-10-2025 by Ord. No. 9378]
A. 
It shall be unlawful for any person to place, maintain or use any approach placed on the pavement or on the pavement and curbing for the purpose of driving automobiles or other vehicles off from or onto the pavement and over the curb within the City, whether such approach is made of wood or other material, unless the person using such approach shall, immediately after using same, remove it entirely from the pavement and parking. Any person using any such approach will be held liable for any damages or injuries sustained by any person by reason of the use of any such approach or the abandonment of same upon the pavement or parking.
B. 
Each 24 hours in which any person places, maintains or uses any such approach contrary to the provisions set forth in this section shall constitute a separate and distinct offense.
[Added 6-10-2025 by Ord. No. 9378[1]]
A. 
It shall be unlawful for any person to remove street curbing within the City, or to construct a sidewalk, or to construct and maintain a driveway from the curbing or roadway or the public right-of-way and onto private property, without first having obtained written permission from the City Manager or his/her designee.
B. 
The City Manager or his/her designee shall develop written standards and place them on file with the City Clerk, Public Works Director and Director of Community Development for use in considering and approving requests for constructing sidewalks and driveways. The standards shall set forth materials/specifications, construction design and location specifications.
C. 
The removal of the curbing and the construction and maintenance of driveway or sidewalk shall be without cost to the City, and the expense thereof shall be paid by the owner of the property served.
D. 
A nonrefundable permit application fee for each driveway and sidewalk shall be paid by the applicant at the time of an application. Said fee shall be set by City Council via resolution.
[1]
Editor's Note: This section, formerly codified as § 264-9, was amended 12-3-1996 by Ord. No. 2822; 4-6-2010 by Ord. No. 8005]
[Added 6-10-2025 by Ord. No. 9378[1]]
A. 
This section shall not apply to "facilities" or "oil & gas pipelines" as defined in Section 306.202.[2] It is the intent of this section to apply to minor work within a public right-of-way or easement (e.g., installing or repairing a private utility service line to a meter or tap, repairing or constructing a new driveway connection, etc.).
[2]
Editor's Note: So in original.
B. 
Each application for a street cut, curb cut, paving cut trenching, or boring that occurs within a public right-of-way or easement shall include the following:
(1) 
Construction documents (or a PDF or other acceptable digital file) clearly indicating the location, dimensions and type of work being proposed, along with the proposed barricade and traffic plans if applicable.
(2) 
Nonrefundable application and permit fees established by City Council resolution.
(3) 
Proof of a current and acceptable liability insurance policy covering the contractor and naming the City of El Reno as insured.
(4) 
Proof of required surety bonds.
(5) 
Proof of permission from ODOT when doing work on rights-of-way controlled by ODOT.
C. 
Upon review of construction documents and a field inspection, the Development Services Department, in coordination with other applicable City departments, may issue a permit for the described work, provided the following parameters are met:
(1) 
The contractor doing the work is registered to do work within the City of El Reno in accordance with § 142-204.
(2) 
All work conforms to applicable standards and regulations.
(3) 
The City has received the nonrefundable permit fee established by City Council resolution.
(4) 
Bond.
(a) 
The person applying for the permit has filed an acceptable surety bond with the City Clerk's office in the following amount(s):
[1] 
A surety bond of $100,000 or equivalent must be filed and approved before cutting, trenching, or boring under or along all paved section line roads as well as Sunset Drive, South Rock Island Avenue and South Mustang Field Road.
[2] 
A surety bond of $50,000 or equivalent must be filed and approved before cutting, trenching, or boring under or along all other roads.
(b) 
Bonds must be executed by a surety company authorized to transact business in the State of Oklahoma.
(c) 
The conditions of the bond shall provide that the principal shall pay promptly all charges or fees levied by ordinance and, further, that the principal will properly maintain for a period of two years after the completion of and acceptance by the City of the backfill of any trenches excavated or boring by the principal across or along any street, sidewalk, other paving, or other improved or unimproved surfaces in the City. The bond shall be further conditioned that, if the principal shall fail to correct any and all settling of cuts in a manner satisfactory to the City Manager, then he shall have the settlement corrected in a proper manner at the expense of the principal. The expenses shall be computed by the Development Services Department based on an Oklahoma licensed engineer's estimate or actual cost if repairs were necessary. The bond shall be further conditioned that the principal shall indemnify and save the City harmless from any and all loss, costs, damage, expense, action or cause of action or liability of any kind, including reasonable attorneys' fees, which the City may suffer or be required to pay or which may accrue against it or be recovered from the City by reason of loss, damage or injury incurred by any person by reason of any cutting, altering or excavating on any rights-of-way or easement in the City by the principal, his agents, servants or employees, or by reason of the neglect, failure or refusal of the principal, his agents, servants or employees to erect, place and maintain proper safety devices, crossing signals or barricades about such work during the process of constructing or repair.
(5) 
Underground utility line locates and all traffic control shall be the responsibility of the permit holder.
(6) 
Permits shall only be valid for a period of 30 days after issuance.
[1]
Editor's Note: This section, formerly codified as § 264-10, Street cut permits, was amended 4-6-2010 by Ord. No. 8005.
[Added 6-10-2025 by Ord. No. 9378]
A. 
Permit requirement. To apply for a rights-of-way construction permit, an applicant shall furnish the following:
(1) 
Name of the owner or operator of the facility or the oil and gas pipeline;
(2) 
A sketch or drawing of the project;
(3) 
Dates of the construction activity (by proposed phase, if applicable), and the proposed daily start and stop times;
(4) 
The names of any known subcontractors (a listing of unknown contractors must be provided to the Development Services Department prior to them performing any work) working on the proposed project under the applicant's responsibility and authority;
(5) 
A traffic control plan, if necessary, along with any start and stop times for traffic disruption;
(6) 
An updated list of the applicant's emergency providers, including name of company, local contact person, mailing and e-mail address, 24-hour emergency phone number and pager or fax number. This information shall be kept current by written notice to the Finance Department;
(7) 
A detailed description of the physical facilities or pipeline proposed to be installed within the city, including but not limited to a site plan showing:
(a) 
The proposed locations of the applicant's facilities, including any manholes or overhead poles;
(b) 
The size, type and proposed depth of any conduit, pipeline, or other enclosures;
(c) 
The relationship of the system to all existing streets, driveways, poles, utilities, sidewalks, other pavement, utility facilities, drainage facilities, oil and gas pipelines, and other improvements within the rights-of-way; and
(d) 
The location of proposed borings, excavations and pavement cuttings;
(8) 
The Development Services Department may require detailed engineering plans for larger and/or more complex projects;
(9) 
Proof of permission from ODOT when doing work on rights-of-way controlled by ODOT.
B. 
The Development Services Department may require one or more pre-work conferences between the applicant and other City departments prior to the issuance of rights-of-way permits.
C. 
Application and other fees. Rights-of-way occupants shall be required to pay an application fee plus other additional fees as applicable and as established by City Council resolution, unless otherwise exempted. The application fee is nonrefundable and must be collected before review of the application begins. Other applicable fees may include:
(1) 
Traffic/sidewalk disruption fee. A street traffic/sidewalk disruption fee shall be charged whenever either the time estimated for project completion indicates a planned street or sidewalk disruption. This fee shall not apply when working within subdivisions or alleys and traffic flow is not disrupted.
(2) 
Inspection fee. A charge shall be assessed as an inspection fee when work is being performed in sensitive areas (e.g., crowded ROWs, critical infrastructure, etc.) requiring inspections or a city representative to be present.
(3) 
Project plans review fee. A project plans review fee is for larger or more complex projects that require additional time or resources to review beyond a typical project plan review. The quality of the plan submission may impact whether this fee is assessed. Some projects may require the City to contract with third-party contractors to perform parts or all of the review.
D. 
Permit terms and conditions. Each rights-of-way construction permit shall describe:
(1) 
The general location of the permitted project;
(2) 
The size of the obstructed area;
(3) 
The proposed duration of the permit;
(4) 
Approved construction phasing; and
(5) 
Any special conditions or other information deemed relevant by the City.
E. 
Permit conditions. A permittee shall adhere to the following requirements:
(1) 
All current engineering requirements and construction standards as described in this article and as required by other applicable local, state, and federal regulations;
(2) 
All current rights-of-way construction permits shall be maintained on each work site. All rights-of-way construction permits shall be presented upon request to any representative of the City;
(3) 
Excavation projects are subject to the requirements of this article; and
(4) 
All restoration work required of any roadway, sidewalk, or other pavement, including sod replacement if applicable, by any permit holder shall be performed without delay by the permitee unless otherwise agreed to by the city in writing. Upon completion of the work and the subsequent removal of the obstruction, the permittee shall notify the Development Services Department that the obstruction has been removed and is ready for final inspection.
F. 
Staff may withhold approval of rights-of-way construction permits anytime it is determined the applicant and/or their contractor(s) are determined to have unpaid fees owed to the Development Services Department, active stop-work orders issued, or other unresolved violations.
A. 
Expiration. The Development Services Department will establish the date the permitted activity may begin, along with the approved duration or expiration date of the rights-of-way construction permit. The Development Services Department, in consultation with other City departments, may require the applicant's proposed start and/or completion dates of the rights-of-way construction permit to be altered or amended. Factors that may be taken into consideration include coordination with upcoming projects, public events, weather, availability of utility locating resources, availability of monitoring and inspection resources, etc.
B. 
Renewal. Permits shall not be automatically extended for any reason, including weather delays. In the event that a permitted project does not conclude prior to expiration of the rights-of-way construction permit under which it is being performed, the permittee shall apply to the Development Services Department for an extension of the permit. In such an application, the following information shall be provided:
(1) 
A statement from the permittee indicating the reason for the delay in completion of the project; and
(2) 
The date that the permittee anticipates the project to be completed.
A. 
An emergency rights-of-way construction permit is available for projects. Any emergency excavation required to maintain the safety and well-being of the general public should be commenced without delay. Notification shall be provided to the Development Services Department within two hours of the commencement of the project. This notification shall consist of the following:
(1) 
Anticipated date, duration, start and stop time, location (site address if possible), including nearest cross street;
(2) 
Size of the obstruction and work area, along with any necessary traffic control;
(3) 
Applicant's company name, if applicable;
(4) 
Facility or oil and gas pipeline owner's name;
(5) 
Local contact information; and
(6) 
General description of the emergency project.
B. 
Holders of emergency rights-of-way construction permits shall notify the Development Services Department upon the completion of the project.
C. 
The owner of the utility, facility, or pipeline requiring emergency repair shall be financially responsible for all costs incurred to the city as a part of the emergency response.
A. 
Allocation of space in the rights-of-way. The City shall have the power to establish reasonable limitations on the placement of new or additional facilities within specific congested segments of the rights-of-way if there is insufficient space to accommodate all of the requests of ROW occupants. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the rights-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the width and physical condition of the rights-of-way, the protection of existing facilities in the rights-of-way, regulatory requirements applying to existing facilities, and future City plans for public improvements and development projects which have been determined to be in the public's interest.
B. 
Underground policy. Facilities may be installed above ground in areas where existing utility facilities are above ground and shall, unless otherwise approved by the City Council after receiving a recommendation by the Municipal Planning Commission, be installed underground in areas where existing facilities are installed underground, subject to all applicable safety codes. The City encourages the sharing of underground and overhead facilities. Leasing of excess space in ducts, conduits and on poles is a matter between interested parties; however, lessees of such physical facilities must still comply with the terms of this article, unless otherwise expressly exempted in this article. Underground facilities shall be placed in such a manner so they can be located by the owner of the facilities or the owner's representative.
(1) 
Exceptions. The Development Services Department may grant an exception to certain equipment that must be located above ground for legal or practical reasons, (e.g., a shallow water table, USDOT regulations, practical access to an equipment cabinet, etc.).
C. 
Location criteria.
(1) 
Corridors. The City of El Reno Standards assigns specific corridors within the rights-of-way, or any particular segment thereof as may be necessary, for each type of facility that is now or may in the future be located within the rights-of-way. An ideal cross section is established to identify the lateral and vertical position of each class of potential user. ROW occupants shall have the right to occupy only one corridor or section of each rights-of-way within the vertical zone established for the applicable class of user. Additional corridors in the same portion of the rights-of-way may be granted only upon consideration of future utility uses and a demonstration by the requesting party that its current corridor does not afford sufficient space to install its facilities. All permits issued by the Development Services Department involving the installation or replacement of equipment shall be reviewed as to the proper corridor for the facility.
(2) 
Variance. Upon written notification from the Development Services Department, any ROW occupant whose facility is located in the rights-of-way in a position at variance with established corridors shall move that facility at its own expense to its assigned position within the rights-of-way no later than at the time of the next reconstruction of the facility or roadway/other City infrastructure reconstruction which requires utility relocation by the City of the area where the facility is located. This requirement may be waived by the director for good cause shown, upon a written request submitted through the Development Services Department, giving due consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs or hardship to the ROW occupant.
(3) 
Interference. A ROW occupant shall not place any fixtures or equipment where they will interfere with any existing facility. A ROW occupant shall locate its lines and equipment in such a manner as not to interfere unnecessarily with the traffic safety or usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abuts any rights-of-way.
D. 
Construction standards.
(1) 
All utilities shall be placed within the rights-of-way according to City of El Reno Design and Construction Standards, provided that in circumstances where no placement is specified and not otherwise regulated by other local, state or federal regulation, the following minimum depth of installed facilities and clearances between facilities shall be as follows:
(a) 
24 inches in soil (except for service lines);
(b) 
24 inches below a projected slope from the flowline of a ditch at a three horizontal and one vertical slope;
(c) 
48 inches under a roadway measured from the surface of said roadway to the top of the installation;
(d) 
60 inches under a stormwater or creek channel design flowline;
(e) 
Maintain vertical clearance between new and City-owned facilities as required by the City of El Reno Standards;
(f) 
Maintain horizontal clearance between new and City-owned facilities as required by the City of El Reno Standards;
(g) 
Maintain a vertical clearance of 16 feet above all public and private streets, driveways and all other grades except for service lines.
(2) 
Backfilling/testing. Excavations shall be promptly backfilled according to City of El Reno Standards and the earth shall be restored to original grade to assure no hazard to vehicular, animal or pedestrian traffic. The permittee shall perform all concrete testing, soil analysis, compaction testing and any other testing, as may required by the city, to verify compliance with City of El Reno Standards and this section. All testing shall be conducted by an accredited lab and test reports shall be submitted to the Development Services Department.
(3) 
Pavement cutting. All pavement cuts and pavement restoration shall be done in accordance with the City of El Reno Standards.
(4) 
Replacement. The replacement of any sidewalk, any driving surface and the base of any roadway shall comply with requirements of the Americans with Disabilities Act (ADA) and City of El Reno Standards and may require additional removal to the nearest joint in all directions. The removal and all pavement restoration shall be the financial responsibility ROW occupant.
(5) 
Trenching. A permittee shall not proceed with additional trench work exceeding a maximum of 500 feet of open trench without prior approval of the Development Services Department.
(6) 
Crossings. All underground crossings of paved roadways and stormwater and creek channels shall be made by a bore method approved by the Streets Department. Voids and all holes shall be properly grouted. Crossings shall be at approximately right angles to the roadway and in no case shall any facility be placed in any culvert or drainage pipe or within 10 feet of a culvert or storm sewer without written City approval.
(7) 
Erosion. Erosion prevention measures shall be incorporated into all work within the public way. All gutters, ditches and other drainage features shall be maintained free and unobstructed of sediment, dirt and debris. The handling, grading, excavating or moving of excess construction materials or the movement or cleaning of construction vehicles or equipment shall be conducted in such a manner that materials and washout will not be deposited into catch basins, gutters, ditches or areas where runoff may carry materials into any public or private stormwater system. Proof of receipt of a stormwater protection plan, or equivalent, may be required.
(8) 
Restoration. A permittee shall promptly restore all disturbed areas to a condition equal to or better than existed immediately prior to beginning work. All disturbed sod areas shall be reasonably restored.
E. 
Dimension and location criteria. Maximum dimensions and location of associated, above ground equipment, including but not limited to junction boxes, duct banks, electric generators, repeaters, antennas, satellite dishes or equipment cabinets, shall meet the following criteria:
(1) 
The "elevation view" shall not exceed three feet in height, two feet in width, or 20 square feet without written approval of the Development Services Department after additional review.
(2) 
Associated equipment shall not be installed in such a manner so as to obstruct the view of drivers upon or entering a public street. Equipment shall not be placed within any intersection sight-distance triangle.
(3) 
No equipment, including poles, supporting structures for telecommunication antennas, cables and guy wires, shall be placed so as to obstruct, block, obscure or otherwise interfere with any traffic-control device, fire hydrant, wheelchair ramp or other safety device.
(4) 
Locations with existing or potential traffic signals shall have the overhead vehicle signal face display zones kept clear from wires and cables.
(5) 
No equipment, including poles, supporting structures for telecommunication antennas, and guy wires, shall be placed so as to obstruct the flow of pedestrian traffic, and in no case result in less than six feet of clear sidewalk width. The location of equipment should not interfere with the potential placement of future sidewalks.
F. 
Traffic control and safety.
(1) 
Any permittee occupying any portion of rights-of-way shall erect a barrier around the perimeter of any excavation and provide any and all traffic-control devices, signs and lights appropriate to the level of complexity of the activity in order to protect, warn and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic-control plan in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Development Services Department.
(2) 
Permittees shall implement each traffic-control plan in accordance with the approved dates and times. All permittees shall at all times comply with all applicable city, state and federal requirements and maintain all devices in good repair.
(3) 
The Development Services Department must approve all dates and times traffic will be impeded except for routine maintenance activities of four hours or less.
(4) 
Should it become necessary, the Development Services Department may extend the approved days for the disruption of traffic. Said request must be submitted as soon as practically possible.
G. 
Miscellaneous standards.
(1) 
Identification. The Development Services Department may require any new facility (aerial or underground) installed, replaced or repaired by or for a ROW occupant, after the effective date of this article be permanently identified with the name or logo of the ROW occupant on but not limited to manhole covers, tags, poles, posts and signs. All ROW occupants shall make all reasonable efforts to ensure that all existing facilities shall be marked during the normal course of business.
(2) 
Vehicle identification. All vehicles used, parked or stored by or on behalf of a ROW occupant or permittee within a permitted construction zone shall be clearly marked, providing the name of the facility's owner, the permittee, the contractor or subcontractor. Any unmarked vehicles shall be subject to all moving and parking ordinances.
(3) 
Permit. A current rights-of-way construction permit shall be maintained on each work site. The rights-of-way construction permit shall be presented upon request to any City of El Reno officer or employee.
(4) 
Due care. A ROW occupant shall at all times employ due care during the installation and maintenance process and use commonly accepted standards, methods and devices including but not limited to safety standards of OSHA, NEC, FCC and the City of El Reno for preventing failures and accidents which are likely to cause damages, injuries or nuisances to the public. All structures and all lines, equipment and connections in, over, under and upon the streets of the City, wherever situated or located, shall at all times be kept and maintained in a safe and suitable condition, and in good order and repair.
An appeal may be taken to the City Manager, or the Manager's designee, by any person aggrieved, where it is alleged there is an error in any order, requirement, decision or determination made by any person in the enforcement of this article. The appeal shall be presented upon written request to the City Manager, or the Manager's designee. The City Manager, or the Manager's designee, shall render a decision within 10 working days. A response from the Manager or designee shall be made in writing and shall be supported by written findings establishing the reasonableness of the decision. Appeal of any decisions made by the City Manager, or the Manager's designee, shall be made to the City Council.
This article applies, to the greatest extent permissible under applicable law, to all ROW occupants. If, on the effective date of this article, a person holds a franchise, or has prior rights under a contract, and the terms of this article conflict with or impose additional requirements or obligations not contained in the franchise or contract, that person is exempted from such terms of this article and the terms of the franchise shall control, to the extent required by the franchise or contract and applicable law, until such time as the franchise agreement or contract is renewed with the City of El Reno.
A. 
Remedies for violations. If a ROW occupant violates any provision of this article, the City Manager or the Manager's designee may, after providing notice to the ROW occupant at the address provided in the occupancy permit and a hearing in which the ROW occupant may appear and be heard, take one or more of the following actions:
(1) 
Impose liquidated damages in the amount, if any, provided in the occupancy permit or rights-of-way construction permit, whether per day, incident or other measure of violation. Payment of liquidated damages by the ROW occupant does not relieve the ROW occupant of its obligation to meet the requirements of this article;
(2) 
Impose penalties pursuant to this article (citations may be imposed pursuant to this article without the need for prior notification or hearings);
(3) 
Reduce the duration of the occupancy permit or rights-of-way construction permit on any basis the City determines is reasonable and affords the ROW occupant reasonable due process; and/or
(4) 
Revoke the occupancy permit or rights-of-way construction permit pursuant to its terms or applicable law.
B. 
City Manager's discretion. In determining which remedy or remedies are appropriate, the City Manager or the Manager's designee shall consider the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations and any other matters the city manager or the manager's designee determines are appropriate. In addition to or instead of these remedies, the City Manager may seek legal or equitable relief from any court of competent jurisdiction.
C. 
Opportunity to cure. Before initiating a remedy under this section, other than revocation of the occupancy permit or rights-of-way construction permit, the City shall give the ROW occupant written notice of the violations claimed and at least 10 days to correct the violations.
Any person who shall violate any provisions of this article shall be guilty of an offense and, upon conviction, shall be punished as provided for by § 1-10 of the El Reno Code of Ordinances. Each and every day such violation continues shall constitute a separate offense. Violations are also considered to be a public nuisance and may be abated in accordance with Chapter 246 of the El Reno Code of Ordinances and/or all applicable state statutes.