Nuisances – Article 1. Nuisances in General

Section 15-1. Nuisance Defined: Public Nuisances: Private Nuisances.

A nuisance is unlawfully doing an act, or omitting to perform a duty, or in anything 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, or tends to obstruct, or renders dangerous for passage, any lake or navigable river, stream, canal or basis, or any pubic part, square, street, or other public property; or
4. in any way renders other persons insecure in life or in the use of property.
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 of damage inflicted upon the individuals may be unequal.
Every nuisance not included in subsection (B) above is a private nuisance.
Provided that the above definitions are the same as those found in Title 50, Section I of the Oklahoma Statutes.

Section 15-2. Persons Responsible.

Every successive owner of a property who neglects to abate a continuing nuisance upon or in the use of such property, created by a former owner, is liable therefore in the same manner as the one who first created it.

Section 15-3. Time Does Not Legalize.

No lapse of time can legalize a public nuisance amounting to actual obstruction of public rights.

Section 15-4. Remedies Against Public Nuisances.

The remedies against a public nuisance are:
Prosecution on complaint before the municipal court.
Prosecution on information or indictment before another appropriate court.
Civil action.
1. By a person injured as provided in Title 20, Section 12 of the Oklahoma Statutes.
2. By the Town in accordance with the law or ordinance.

Section 15-5. Town has Power to Define and Summarily Abate Nuisances.

As provided in Title 20, Section 16 of the Oklahoma Statutes, 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, the public parks, and the 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 to be heard, if this can be done.

Section 15-6. Certain Public Nuisances in the Town Defined.

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 keeping of a place where such sales or offering are made.
2. The sale, offering for sale, or furnishing of intoxicating liquor in violation of the state law or ordinances of the town; 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 Town.
3. The keeping of a place where persons gamble, whether by cards, slot machines, punch boards, or otherwise.
4. The keeping of a place where prostitution, illicit sexual intercourse, or other immoral acts are practiced.
5. The keeping of a place where activities in violation of state law or ordinances are practiced or carried on.
6. The public exposure of a person having a contagious disease.
7. 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. The operation or use of any electrical apparatus or machine which materially and unduly interferes with radio or television reception by others.
9. 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 ordinances.
10. 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. All wells, pools, cisterns, bodies, or containers of water in which mosquitoes breed, or which are so constructed, formed, conditioned, or situated as to endanger the public safety.
12. 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.
13. Any building or structure which is dangerous to public health or safety because of damage, decay, or other condition.
14. Any pit, hole, or other thing which is so constructed, formed, conditioned, or situated as to endanger public safety.
15. Any fire or explosion hazard which endangers public safety.
16. Any refrigerated trailer parked or standing for more than one hour with the refrigeration unit running.

Section 15-7. Summary Abatement of Nuisances.

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 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 action can be taken toward such abatement.
The Chief of the Fire Department, the Chief of Police, the Town Attorney, or any other office Of the Town, may submit to the Board of Trustees 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 health officer, any resident, or residents of the Town may submit such a statement and request or recommendation to the Board of Trustees.
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 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 to any other person alleged to be 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, but, if the names or addresses are not known, and the peace, health, safety, morals, or welfare of the person or persons or public adversely affected would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be published in a paper of general circulation within the Town of Tryon.
If the Board of Trustees finds that a nuisance does in fact exist, it shall direct the owner and/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 or persons or public adversely affected 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 causing the nuisance do not abate it within the specified time, the Board of Trustees shall direct the appropriate Town Officer to abate the nuisance or have it abated, if summary abatement is practical, as authorized by Title 50, Section 16 of the Oklahoma Statutes. The Town Clerk shall send a statement of the costs of such summary abatement to the owner and/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 may be collected.

Section 15-8. 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 by Title 50, Section 17 of the Oklahoma Statutes.

Section 15-9. Nuisance Unlawfully.

It is unlawful for any person (owner, lessee, or other) to create or maintain a nuisance within the Town, or to permit a nuisance to remain on premises under his control with the town.

Section 15-10. Abandoned Ice Boxes, Refrigerators, etc.

It is unlawful for any person, firm, or corporation to leave in a place accessible to children any abandoned or discarded ice box, refrigerator, or other container which has an air-tight door with a clock or other fastening device which cannot be easily released for opening from the inside of the ice box, refrigerator, or container, without first removing the door, lock, or fastener.

Section 15-11. Removal of Political Advertising Signs.

It is unlawful for any person or candidate to allow political advertising signs to remain posted or otherwise visible at the conclusion of 15 days after the regularly scheduled election. The penalty for violation of this Ordinance shall be governed by Section 15-13 of the Tryon Town Code.

Town of Tryon