TITLE 4
HEALTH AND SANITATION
HEALTH AND SANITATION
CHAPTER 1
NUISANCES
NUISANCES
SECTION:
4-1-1: Nuisance Defined; Public And Private Nuisances
4-1-2: Persons Responsible
4-1-3: Lapse Of Time, Effect
4-1-4: Remedies Against Nuisances
4-1-5: City Power To Define And Summarily Abate
4-1-6: Certain Public Nuisances Enumerated
4-1-7: Summary Abatement Of Nuisances
4-1-8: Abatement By Suit In District Court
4-1-9: Inability To Pay; Abatement By City
4-1-10: Assessment Of Costs; Lien For Nonpayment
4-1-11: Health Nuisances Defined; Abatement
4-1-12: Nuisance Unlawful
4-1-13: Toilet Facilities Required; Nuisance
4-1-14: Procedures Cumulative
4-1-15: Penalty; Additional Charges For Continuing Nuisance
A. Nuisance: A "nuisance" is unlawfully doing an act, or omitting to perform a duty, which act or omission 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. Public Nuisance: 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.
C. Private Nuisance: Every nuisance not included in subsection B of this section is a "private nuisance".
D. Exception; Authority Under State Or Federal Statute: Nothing which is done or maintained under the express authority of a federal or state statute can be deemed a nuisance. (Ord. 2003-01-08, 8-25-2003)
A. Allowing Existence Of Nuisance: No person in charge or control of any property in the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow a nuisance to exist on the property. 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.
B. Recovering Damages For Past Existence: The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. (Ord. 2003-01-08, 8-25-2003)
A. Public Nuisance: 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;
3. Civil action; or
4. Abatement:
a. By person injured as provided in 50 Oklahoma Statutes section 12; or
b. By the city in accordance with law or ordinance. (1985 Code § 8-404)
B. Private Nuisance: The remedies against a private nuisance are:
1. Civil action; and
2. Abatement by person injured as provided in 50 Oklahoma Statutes sections 14 and 15. (Ord. 2003-01-08, 8-25-2003)
A. Defining: 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.
B. Summary Abatement: 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. (1985 Code § 8-406)
A. Nuisances Enumerated: 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.
2. Intoxicating Liquor: 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. 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: The keeping of a place where persons gamble, whether by cards, slot machines, punchboards or otherwise.
5. Places Of Prostitution: The keeping of a place where prostitution, illicit sexual intercourse, or other immoral acts are practiced.
6. Places Where Illegal Activities Conducted: The keeping of a place where activities in violation of state law or ordinance are practiced or carried on.
7. Public Dances: 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. Diseased Persons: The public exposure of a person having a contagious disease.
9. 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.
10. Interfering With Wireless Reception: The operation or use of any electrical apparatus or machine which materially or unduly interferes with radio or television reception by others.
11. 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.
12. Water Flowing, Ice Or Snow 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.
13. Stagnant Water Bodies: 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. Unwholesome Accumulations And Premises: 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.
15. Dangerous Structures:
a. Any building or structure which is dangerous to the public health or safety because of damage, decay or other condition.
b. 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 the City or its inhabitants from any cause.
16. Dangerous Premises: Any pit, hole, or other thing which is so constructed, formed, conditioned or situated as to endanger the public safety.
17. Fire And Explosion Hazards: Any fire or explosion hazard which endangers the public safety.
18. Dangerous Businesses: Any occupation or activity which endangers the public peace, health, morals, safety or welfare.
19. Unlicensed, Stored Vehicles: 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 the storing, parking or leaving of any motor vehicle, whether in operating condition or not, which violates the provisions of section 4-5-2 of this title.
20. Animal Shelters And Noises: 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, is hereby declared to be a nuisance.
21. Places Where Drug Related Felonies Committed: The repeated use of any real property or structure thereon to commit a felony violation of the Oklahoma Uniform Controlled Dangerous Substances Act 1 .
B. Enumeration Cumulative: 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. (Ord. 2003-01-08, 8-25-2003)
Notes
| 1 | 1. 63 OS § 2-101 et seq. |
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