PART 8
HEALTH AND SANITATION
HEALTH AND SANITATION
CHAPTER 1
NUISANCES IN GENERAL
NUISANCES IN GENERAL
SECTION:
8-101: Public Nuisance Prohibited
8-102: General Definition
8-103: Abatement Generally
8-104: Abatement Of Health Nuisances
8-105: Abatement Procedures Cumulative
8-106: Authority Of Officers; Appeal Of Administrative Orders
8-107: Recurring Or Intermittent Abatement
8-108: Penalty
A. It shall be unlawful for any person to create or maintain a public nuisance within the city, or to permit a public nuisance to remain on premises under the person's control within the city. However, public nuisances are expressly declared to be conditions detrimental to the health, safety, and welfare of the inhabitants of the city.
B. While the city supports an ongoing commitment to aesthetic values, situations which violate aesthetic standards but which do not create any actual or potential detriment to the health, safety, and welfare of the inhabitants of the city are not "public nuisances" as the term is used in this chapter. Situations involving private nuisances shall not use the provisions of this chapter to interfere with the normal resolution of these problems through civil process or private action. (Ord. 505, 9-2-2003)
In addition to other public nuisances declared by other sections of this code, the following are hereby declared to be public nuisances:
A. The sale, or offering for sale, of unwholesome food or drink; or the keeping of a place where such sales or offering are made.
B. The sale, offering for sale, or furnishing of intoxicating liquor in violation of the state law or ordinances of the city; or the 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.
C. 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.
D. The keeping of a place where persons gamble, whether by cards, slot machines, punch boards or otherwise.
E. The keeping of a place where prostitution, illicit sexual intercourse or other immoral acts are practiced.
F. The keeping of a place where activities in violation of state law or ordinance are practiced or carried on.
G. The conduct or holding of public dances in violation of the ordinance of the city; or the keeping of a place where such dances are held.
H. The public exposure of a person having a contagious disease.
I. The continued making of loud or unusual noises which annoy persons of ordinary sensibilities; or the keeping of an animal which makes such noises.
J. The operation or use of any electrical apparatus or machine which materially or unduly interferes with radio or television reception by others.
K. 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.
L. Permitting waste or other liquid to flow or fall, or ice or snow to fall, from any building or structure upon any street or sidewalk.
M. 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.
N. Rank weeds or grass, carcasses, accumulations of manure, refuse or other things which are, or are likely to be, breeding places for flies, mosquitoes, vermin or disease germs; and the premises on which such exist. (Ord. 505, 9-2-2003)
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 city manager 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.
B. The chief of the fire department, the chief of police, the city attorney, the building inspector, the electrical inspector, the plumbing inspector or any other officer subordinate to the city manager may submit, through or with the consent of the city manager, to the city council, a statement as to the existence of a nuisance, as defined by section 8-102 of this chapter or by other city ordinances or state law, and a request or recommendation that it be abated. The city manager himself, the health officer, any councilman or any resident of the city may submit such a statement and request or recommendation to the city council.
C. Upon receipt of a statement and request or recommendation under subsection B of this section, the council shall determine whether or not the alleged nuisance is a nuisance in fact. For the purpose of gathering evidence on the subject, the council shall have power to subpoena and examine witnesses, books, papers and other effects. Before proceeding to abate the nuisance or to have it abated, the council shall give notice of a hearing on the proposed statement to the owner of any property concerned and to any other person alleged or deemed responsible for or to be causing the nuisance, and an adequate opportunity to be heard, if such notice and opportunity for a hearing can be given. Such notice to the owner and other persons concerned shall be given in writing by mail or by service by a police officer, if their names and addresses are known. If the names or addresses are not known, and the public peace, health, safety, morals or welfare would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be publicized in a paper of general circulation within the city.
D. If the council finds that a nuisance does in fact exist, it shall direct the owner or other persons responsible for or causing the nuisance to abate it within a specified time, if the public peace, health, safety, morals or welfare would not be unduly jeopardized by the consequent delay. If such peace, health, safety, morals or welfare would be unduly jeopardized by the consequent delay, or if the owner or other persons responsible for or causing the nuisance do not abate it within the specified time, the council shall direct the city manager to abate the nuisance or to have it abated, if summary abatement is practical, as authorized by 50 Oklahoma Statutes section 16. The city clerk shall send a statement of the cost of such summary abatement to the owner or other persons responsible for or causing the nuisance, as may be just under the circumstances, if their names and addresses are known. Until paid, such cost shall constitute a debt to the city collectible as other debts of the city may be collected.
E. In cases where it is deemed impractical summarily to abate a nuisance, the city may bring suit in the district court, as provided in 50 Oklahoma Statutes section 17. (Ord. 505, 9-2-2003)
F. No action for nuisance shall be brought against agricultural activities on farm or ranch land which has lawfully been in operation for two (2) years or more prior to the date of bringing the action. (Ord. 587, 11-17-2009)
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