For the purpose of this subchapter, the following definitions apply unless the context clearly requires a different meaning.
NUISANCE. Unlawfully doing an act or omitting to perform a duty, or 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, 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.
PRIVATE NUISANCE. Every nuisance not included in “public nuisance.”
PUBLIC NUISANCE. 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 such individuals may be unequal.
(Prior Code, § 8-301)
Statutory reference:
Nuisances defined, municipal powers to abate, see 50 O.S. §§ 1 et seq.
§ 94.02 Nuisances Unlawful
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 town or to permit a nuisance to remain on premises under his or her control within the town.
(Prior Code, § 8-310) Penalty, see § 10.99
§ 94.03 Successive Owners Responsible To Abate
Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property which was created by a former owner is liable therefor in the same manner as the one who first created it.
(Prior Code, § 8-302) Penalty, see § 10.99
§ 94.04 Time Does Not Legalize Nuisances
No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right.
(Prior Code, § 8-303) Penalty, see § 10.99
§ 94.05 Power To Define And Summarily Abate By Town
As provided in 50 O.S. § 16, the town 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, public parks and public water supply, outside of its corporate limits. Whenever it is practical to do so, the town has the power summarily to abate any such nuisance after notice to the owner and an opportunity for him or her to be heard, if this can be done.
(Prior Code, § 8-306)
§ 94.06 Certain Nuisances Defined
(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 state law or the ordinances of the town, or the keeping of a place where intoxicating liquor is sold, offered for sale or furnished in violation of state law or the ordinances of the town;
(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 town, 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, sidewalk or 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 liquids 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 constructed, formed, conditioned or situated so as to endanger the public safety;
(14) Rank weeds or grass, carcasses and 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) Any building or structure which is dangerous to the public health or safety because of damage, decay or other conditions;
(16) Any pit, hole or other thing which is constructed, formed, conditioned or situated so as to endanger the public safety;
(17) Any fire or explosion hazard which endangers the public safety;
(18) Any occupation or activity which endangers the public peace, health, morals, safety or welfare;
(19) 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; and
(20) Any stable or other place where animals are kept which may become obnoxious or annoying to any resident of the town by reason of any noise or noises made by the animal therein or by reason of a lack of sanitation, is hereby declared to be a nuisance.
(B) The enumeration of certain public nuisances in division (A) above 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, § 8-307) Penalty, see § 10.99
§ 94.07 Remedies Against Public Nuisances
The remedies against a public nuisance are:
(A) A fine of $215, to be issued by any competent authority of the town;
(B) Prosecution on complaint before the Municipal Court;
(C) Prosecution on information or indictment before another appropriate court; or
(D) Abatement:
(1) By the person injured, as provided in 50 O.S. § 12; or
(2) By the town, in accordance with law or ordinance.
(1) By the person injured, as provided in 50 O.S. §§ 14 and 15; or
(2) By the town, in accordance with law or ordinance.
(Prior Code, § 8-305)
§ 94.09 Summary Abatement Process
(A) Immediate abatement in certain circumstances. Some nuisances are of such a nature so 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 so as to justify, and even to require, the Mayor or other appropriate officer or agency of the town government to take immediate and proper action summarily to abate such nuisances, or to reduce or suspend the danger until more deliberate actions can be taken toward such abatement.
(B) Statement and request. The Fire Chief, the Police Chief, the Town Attorney, the Building Inspector, the Electrical Inspector, the Plumbing Inspector or any other officer subordinate to the Mayor may submit to the Town Board of Trustees, either through or with the consent of the Mayor, a statement as to the existence of a nuisance as defined by the ordinances of the town or law and a request or recommendation that it be abated. The Mayor himself or herself, the Health Officer, the Board of Trustees or any resident or residents of the town may submit such a statement and request a recommendation to the Board of Trustees.
(C) Investigation and hearing.
(1) The Board of Trustees shall determine whether or not the alleged nuisance is a nuisance in fact. For the purpose of gathering evidence on the subject, the Board of Trustees shall have the power to subpoena and examine witnesses, books, papers and other effects. Before proceeding to abate the nuisance or to have it abated, the Board of Trustees shall give notice of a hearing on the proposed abatement to the owner of any property concerned and an adequate opportunity to be heard, if such notice and opportunity for a hearing can be given.
(2) Such notice to the owners 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 peace, health, safety, morals or welfare of the person, persons or public adversely affected would not be unduly jeopardized by the necessary delay, then notice of the hearing shall be published in a paper of general circulation within the town.
(D) Abatement options.
(1) If the Board of Trustees finds that a nuisance does in fact exist, then it shall direct the owner or other persons responsible for or causing the nuisance to abate it within a specified time if the peace, health, safety, morals or welfare of the person, persons or public adversely affected would not be unduly jeopardized by the consequent delay.
(2) If the owner or other persons responsible for or causing the nuisance do not abate it within the specified time, then the Board of Trustees shall direct the Mayor to abate the nuisance or to have it abated, if summary abatement is practical, as authorized by 50 O.S. § 16. The Town Clerk-Treasurer 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 town collectible as other debts to the town may be collected.
(Prior Code, § 8-308)
§ 94.10 Abatement By Suit In District Court
In cases where it is deemed impractical summarily to abate a nuisance, the town may bring suit in the district court of the county where the nuisance is located, as provided in 50 O.S. § 17.
(A) For the purpose of this section, the following definitions apply unless the context clearly requires a different meaning.
HUMAN EXCREMENT. The bowel and kidney discharge of human beings.
SANITARY PIT PRIVY. A privy which is built, rebuilt or constructed so as to conform with the specifications approved by the State Health Department.
SANITARY WATER CLOSET. A flush-type toilet which is connected with a sanitary sewer line of such capacity and construction so as to carry away the contents at all times.
(B) Every owner of a residence or other building in which humans reside, are employed or congregate within the town shall install, equip and maintain adequate sanitary facilities for the disposal of human excrement by use of a sanitary water closet or a sanitary pit privy. The closets and toilets hereby required shall be of a sanitary water closet-type when located within 200 feet of a sanitary sewer and accessible thereto and of a sanitary water closet-type, notwithstanding a greater distance from a sanitary sewer, a water closet-type emptying into a septic tank system or a pit privy-type. A septic tank system or a pit privy may be used in such cases only if it meets the standards of and is approved by the State Health Department.
(C) All human excrement disposed of within the town shall be disposed of by depositing such excrement in closets and privies of the types provided for in this section. It is unlawful for any owner of property within the town to permit the disposal of human excrement thereon in any other manner or for any person to dispose of human excrement within the town in any other manner.
(D) All privies shall be kept clean and sanitary at all times, and the covers of the seats of privies shall be kept closed at all times when the privies are not being used. No wash water, kitchen slop or anything other than human excrement and toilet paper shall be emptied into a privy.
(E) No excrement from any person suffering from typhoid fever, dysentery or other serious bowel diseases shall be deposited in any sanitary pit privy or sanitary water closet until it is disinfected in such a manner as may be prescribed by the Health Officer.
(F) All facilities for the disposal of human excrement in a manner different from that required by this section and all privies and closets constructed, situated or maintained so as to endanger the public health are hereby declared to be public nuisances and may be dealt with and abated as such. Any person maintaining any such nuisance is guilty of an offense, and each day upon which any such nuisance continues is a separate offense.
(Prior Code, § 8-312) Penalty, see § 10.99
§ 94.12 Health Nuisances; Abatement
(A) (1) Pursuant to the authority granted by 63 O.S. § 1-1011, the Health Officer shall have the authority to order the owner or occupant of any private premises in the town to remove from such premises, at his or her own expense, any source of filth, cause of sickness, condition conducive to the breeding of insects or rodents which 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 directed in writing and served personally on the owner or occupant of the premises, or the authorized agent thereof, by the Health Officer or a police officer, or a copy thereof may be left at the last usual place of abode, if known and within the state, of the owner, occupant or agent.
(2) If the premises is unoccupied and the residence of the owner, occupant or agent is unknown, or is without the state, then 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 town.
(B) If the order is not complied with, then the Health Officer may cause the order to be executed and complied with, and the cost thereof shall be certified to the Town Clerk-Treasurer.
(1) The cost of removing or abating such nuisance shall be added to the water bill or other town utility bill of the owner or occupant if he or she is a user of water from the town’s water system or such other utility service. The cost shall be treated as a part of such utility bill to which it is added and shall become due and payable and subject to the same regulations relating to delinquency in payment as the utility bill itself.
(2) If such owner or occupant is not a user of any town utility service, then such cost, after certification to the Town Clerk-Treasurer, may be collected in any manner in which any other debt due to the town may be collected.
(Prior Code, § 8-311) Penalty, see § 10.99
§ 94.13 Procedures Cumulative
The various procedures for abating nuisances prescribed by this subchapter and by other provisions of law and ordinance shall be cumulative on to any other penalties or procedures authorized.
(Prior Code, § 8-313)
Periodical Distribution
§ 94.25 Definitions
For the purpose of this subchapter, the following definitions apply unless the context clearly requires a different meaning.
PERIODICAL. Any newspaper, current magazine or work of literature of general circulation, as defined by general case law, entered with the U.S. Postal Service in accordance with federal statute or regulation or filed and recorded with any recording officer as provided by general law; in addition thereto, a PERIODICAL shall be regularly published, with not less than four issues per year.
PRIVATE PREMISES. Any dwelling, house, building or other structure designed or used either wholly or in part for private purposes, whether inhabited, temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC SPACE. Any and all streets, sidewalks, boulevards, alleys, airspace or other public ways and any and all public parks, squares, spaces, grounds and buildings.
(A) No person shall throw, deposit or distribute any periodical upon any private premises unless the owner of said property has solicited such periodical or granted express permission for that person to do so.
(B) Subject to the conditions set forth in division (A) above, the deposit or distribution of any periodical on private premises shall be done in such a reasonable manner so as to prevent it from being carried or deposited by the elements upon any adjoining premises, street or sidewalk or other public space, or upon other private property.
(C) The provisions of this section shall not apply to federal, state, county or municipal agencies when acting in the performance of their official duties.