TITLE 5
HEALTH, SANITATION AND ENVIRONMENT
CHAPTER 1
NUISANCES
SECTION:
5-1-1: Powers Of City
5-1-2: Definitions
5-1-3: Certain Public Nuisances Enumerated
5-1-4: Nuisances Unlawful
5-1-5: Persons Liable
5-1-6: Lapse Of Time; Effect
5-1-7: Remedial Action
5-1-8: Abatement Of Nuisances Generally
5-1-9: Abatement By Suit In District Court
5-1-10: Abatement Of Health Nuisances
5-1-11: Procedures Cumulative
5-1-1: POWERS OF CITY:
As provided in 50 Oklahoma Statutes section 16, the city has 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. 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. (2015 Code § 8-306)
5-1-2: DEFINITIONS:
As used in this chapter, the following terms shall have the meanings ascribed to them in this section:
NUISANCE: Unlawfully doing an act or omitting to perform a duty or any thing or condition which either:
   A.   Annoys, injures or endangers the comfort, repose, health or safety of others;
   B.   Offends decency;
   C.   Unlawfully interferes with, obstructs or tends to obstruct or render dangerous for passage, any lake or navigable river, stream, canal or basin, or any public park, square, street or other public property; or
   D.   In any way renders other persons insecure in life or in the use of property.
Provided, however, this definition shall not apply to preexisting agricultural activities.
PRIVATE NUISANCE: Every nuisance not included in the definition of "public nuisance" herein.
PUBLIC NUISANCE: A nuisance which affects at the same time an entire community or neighborhood, although the extent of the annoyance or damage inflicted upon the individuals may be unequal. (2015 Code § 8-301; amd. 2016 Code)
5-1-3: CERTAIN PUBLIC NUISANCES ENUMERATED:
   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.   Unwholesome Food Or Drink: The sale or offering for sale of unwholesome food or drink; or the keeping of a place where such sales or offerings are made; (2015 Code § 8-307)
      2.   Liquor Violations: The sale, offering for sale or furnishing of alcoholic beverages or low point beer in violation of state law or city ordinances; or keeping a place where alcoholic beverages or low point beer is sold, offered for sale or furnished in violation of state law or city ordinances; (2015 Code § 8-307; amd. 2016 Code)
      3.   Obscene Materials: 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.   Gambling Places: The keeping of a place where persons gamble, whether by cards, slot machines, punchboards or otherwise;
      5.   Disorderly Houses:
         a.   The keeping of a place where prostitution, illicit sexual intercourse or other immoral acts are practiced;
         b.   The keeping of a place where activities in violation of State law or City ordinance are practiced or carried on;
      6.   Public Dances: The conduct or holding of public dances in violation of City ordinances; or the keeping of a place where such dances are held; (2015 Code § 8-307)
      7.   Noisy Conditions: The continued making of loud or unusual noises which annoy persons of ordinary sensibilities; or the keeping of an animal which makes such noises;
      8.   Interference With Wireless Reception: The operation or use of any electrical apparatus or machine which materially or unduly interferes with wireless reception of others;
      9.   Assemblies Obstructing Traffic: 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;
      10.   Water Flowing, Snow And Ice Falling Upon Streets: 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;
      11.   Stagnant Water Bodies: All wells, pools, cisterns, bodies or containers of water in which insects breed or are likely to breed, or which are so constructed, formed, conditioned or situated as to endanger the public safety;
      12.   Conditions Attracting Pests: Rank weeds or grass, carcasses, or accumulations of manure, refuse or other things which are, or are likely to be, breeding places for flies, mosquitoes, vermin, or disease causing germs, and the premises on which such exist;
      13.   Dangerous Structures: Any building or structure which is dangerous to the public health or safety because of damage, decay or other condition;
      14.   Dangerous Premises: Any pit, hole or other thing which is so constructed, formed, conditioned or situated as to endanger the public safety;
      15.   Fire And Explosive Hazards: Any fire or explosive hazard which endangers the public safety;
      16.   Dangerous Businesses: Any occupation or activity which endangers the public peace, health, morals, safety or welfare;
      17.   Vehicles And Trailers Without Plates: Any motor vehicle (whether in operating condition or not) or any trailer without a current vehicle plate as required by law for vehicles used on the public highways, when stored or kept in a residence district; or
      18.   Animal Premises: Any stable or other place where animals are kept that may become obnoxious or annoying to any resident of the City by reason of any noise or noises made by the animal therein or by reason of lack of sanitation. (2015 Code § 8-307; amd. 2016 Code)
      19.   Strychnine:
         a.   General Provisions: The purpose and intent of this subsection A19 is to restrict the use of strychnine within the corporate limits of the City of Oilton. The restricting of the use of strychnine poisoning is in the interest of the health, safety, and general welfare of the residents.
         b.   Definitions:
    STRYCHNINE: An alkaloid from Strychnosnux-vomica; colorless crystals of intensely bitter taste, nearly insoluble in water. It stimulates all parts of the CNS, and was used as a stomachic, an antidote for depressant poisons, and in the treatment of myocarditis. Strychnine blocks the inhibitory neurotransmitter glycine, and thus can cause convulsions. The formerly used salts of strychnine are strychnine hydrochloride, strychnine phosphate, and strychnine sulfate. It is a potent chemical capable of producing acute or chronic poisoning of humans or animals. (Farlex Partner Medical Dictionary © Farlex 2012) (Ord. 198, 3-14-2017)
   B.   The enumeration of certain public nuisances in subsection A of this section 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. (2015 Code § 8-307)
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