(a)

Nuisances generally. A nuisance is unlawfully doing an act, or omitting to perform a duty, or is any thing or condition, which does any of the following:

(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.

(Code 1977, § 8.12.010)

Cross reference— Definitions generally, § 1-2.

State Law reference— Similar provisions, 50 O.S. §§ 1—3.

The various procedures for abating nuisances prescribed by this article and by other provisions of law and ordinance shall be cumulative one to the other, and the city may elect to follow any such procedure which is applicable in abating any particular nuisance.

(Code 1977, § 8.12.120)

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

(Code 1977, § 8.12.100)

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.

(Code 1977, § 8.12.020)

State Law reference— Similar provisions, 50 O.S. § 5.

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

(Code 1977, § 8.12.030)

State Law reference— Similar provisions, 50 O.S. § 7.

The remedies against a public nuisance are as follows:

(1)

Prosecution on complaint before the municipal court.

(2)

Prosecution on information or indictment before another appropriate court.

(3)

Civil action.

(4)

Abatement:

a.

By a person injured as provided in 50 O.S. § 12.

b.

By the city in accordance with law or ordinance.

(Code 1977, § 8.12.040)

State Law reference— Similar provisions, 50 O.S. § 8.

The remedies against a private nuisance are as follows:

(1)

Civil action.

(2)

Abatement:

a.

By a person injured as provided in 50 O.S. §§ 14, 15.

b.

By the city in accordance with law or ordinance.

(Code 1977, § 8.12.050)

State Law reference— Similar provisions, 50 O.S. § 13.

(a)

In addition to other public nuisances declared by other sections of this Code or law, the following are 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 alcoholic beverages in violation of state law or ordinances of the city, or the keeping of a place where alcoholic beverages are sold, offered for sale or furnished in violation of state law or ordinances of the city.

(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 things 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 or illicit sexual intercourse is 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 city, 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 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.

(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 or 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)

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 things exist.

(15)

Any building or structure which is dangerous to the public health or safety because of damage, decay or other condition.

(16)

Any pit, hole or other thing which is so constructed, formed, conditioned or situated 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, 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.

(20)

Any of the following not conforming with the provisions of this subsection: Any camping or travel trailer, utility and hauling trailer, camper shell or boat which is parked or stored in front of the front building lines of a residence shall be placed or stored so that it does not create a traffic hazard because of an obstruction to the view of traffic.

(21)

Any growth of 12 inches or more in height of grass or weeds on property, to include easements and right-of-way areas lying within the property boundaries and street rights-of-way. For purposes of this provision, the term "weeds" shall have the meaning ascribed in section 38-61 of this chapter. The provisions of this article shall not apply to any property zoned and used for agricultural purposes unless, in the determination of the code enforcement officer, such grass or weeds pose a hazard to traffic and are located in, or within ten yards of, the public right-of-way at intersections.

(22)

The accumulation of trash not otherwise permitted by ordinance, or the nonremoval of trash from property, to include easements and right-of-way areas lying within the property boundaries and adjoining street rights-of-way. For purposes of this provision, the term "trash" shall have the meaning ascribed in section 38-61 of this chapter.

(b)

The enumeration of certain public nuisances in 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.

(Code 1977, § 8.12.070; Ord. No. 943, § 1, 9-6-2005; Ord. No. 1051, § 1, 10-19-2010; Ord. No. 1172, § 3, 9-4-2018)

(a)

Authorized; purpose. 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)

Request for abatement. The chief of the fire department, the chief of police, the city attorney, the building inspector, the electrical inspector, the health officer, the plumbing inspector, any other officer subordinate to the city manager, the mayor, any councilmember, or any resident of the city may submit to the city manager or his designee a statement as to the existence of a nuisance as defined by the ordinances of the city or of state law and a request or recommendation that it be abated.

(c)

Preliminary review. Upon receiving a request, the city manager or his designee may request the code enforcement officer or other person conduct a preliminary review of the request and report the facts determined through such preliminary review to the city manager or his designee.

(d)

Hearing. After reviewing the facts, the city manager or his designee may conduct a hearing to determine whether a public nuisance exists in fact.

(1)

The city manager or his designee shall give at least ten days' notice to the owner of the property (hereinafter, "owner") and to any person responsible for or causing the nuisance (hereinafter, "responsible party") before a hearing may be held or action taken. Notice to the owner shall be given by mail at the address shown by the current year's tax rolls in the county treasurer's office. Notice to a responsible party shall be given my mail at their residence address.

(2)

The notice shall order the owner and/or responsible party to abate the nuisance and such notice shall further state that unless such work is performed within ten days of the date of the notice, the work shall be done by the city and a notice of lien shall be filed with the county clerk against the property for the costs due and owing the city. At the time of mailing of notice to the owner and/or responsible party, the city shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the addressee.

(3)

If the owner and/or responsible party cannot be located within ten days from the date of mailing by the city, notice may be given by posting a copy of the notice on the property or by publication in a newspaper of general circulation one time not less than ten days prior to any hearing or action by the city.

(4)

The owner and/or responsible party, within ten days from the date of the notice, may give his or her written consent to the city authorizing the abatement of the nuisance. By giving such written consent, the owner and/or responsible party waives his or her right to a hearing by the city.

(5)

A hearing may be held by the city manager or his designee upon filing written notice with the city clerk by the owner and/or responsible party within ten days from the date of the notice. A date and time shall be set for said hearing, and the owner and/or responsible party shall be notified of such hearing in writing. The filing of a written notice of hearing with the city clerk shall operate to stay any action by the city against the property. The city manager or his designee shall then hear the matter and shall receive information thereon, including anything which may be presented by the owner and/or responsible party, personally or by agent or attorney.

(6)

If the city manager or his designee determines that any of the conditions in section 38-38 of this chapter or any condition constituting a nuisance under state law exist upon the property, he or she may order the property to be abated unless within ten days from the issuance of his or her order the owner and/or responsible party either:

a.

Abates the nuisance;

b.

Gives written consent authorizing the city to abate the nuisance, thereby waiving his or her right to further hearing; or

c.

Appeals to the city council from the order of the city manager.

(e)

Appeal to city council. The owner and/or responsible party shall have the right of appeal to city council from any order of the city manager or his designee. Such appeal shall be taken by filing a written notice of appeal with the city clerk within ten days after the administrative order is delivered or mailed to the owner and/or responsible party at the address used for notice of hearing. The filing of written notice of appeal with the city clerk shall operate to stay the enforcement of the order of the city manager pending a decision by the city council. As soon thereafter as reasonably possible, and upon not less than ten days' notice to the owner and/or any responsible party, the city council shall consider the matter de novo. In the event the owner and/or the responsible party do not appeal from the order of the city manager or his designee, such order shall be presented to and confirmed by resolution of the city council.

(f)

Determination by council; hearing. In event of an appeal, the city council shall determine whether or not the alleged nuisance is a nuisance in fact. For the purpose of gathering evidence on the subject, the city 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 city council shall give notice of a hearing on the proposed abatement to the owner and any responsible party and an adequate opportunity to be heard, if such notice and opportunity for a hearing can be given. Such notice to the owner and any responsible party 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 persons or the 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 city.

(g)

Order to abate; abatement by city. If the council finds that a nuisance does in fact exist, it shall direct the owner and/or any responsible party to abate it within a specified time if the peace, health, safety, morals or welfare of the persons or the 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 any responsible party does not abate it within the specified time, the city council shall direct the city manager to abate the nuisance or to have it abated, if summary abatement is practical, as authorized by 50 Okla. Stat. § 16.

(h)

Entry to abate. If the public nuisance continues to exist upon expiration of the notice, hearing or appeal processes as provided for in subsections (a) through (g) of this section, employees of the city or agents contracted by the city are granted the right of entry on the property for the abatement of the nuisance and performance of the necessary duties as a governmental function of the city.

(i)

Determination of costs.

(1)

Upon completion of the abatement work, the city clerk shall determine the actual cost of such abatement and any other expenses as necessary in connection therewith, including the cost of notice and mailing. The city manager shall examine the report and, after receiving appropriate information, shall determine the total cost of the work. Thereafter, the city clerk shall forward by mail to the owner at the address shown by the current tax rolls of the county treasurer and to any responsible party at their residence address a statement of the actual costs and a demand for payment. If the abatement is done by the city, the cost to the owner and/or responsible party for the abatement shall not exceed the actual cost of the labor, maintenance and equipment required. If the abatement is done on a private contract basis, the contract shall be awarded to the lowest and best bidder.

(2)

The owner and/or responsible party shall have a right to appeal to the city council from the assessment rendered by the city manager.

(3)

If payment is not made within 30 days from the date of the mailing of the statement, the city clerk shall, for payment owed by the owner, forward a certified statement of the amount of the cost to the county treasurer of the county in which the property is located, and same shall be levied on the property and collected by the county treasurer as other taxes authorized by law. Until fully paid, the cost and the interest thereon shall be the personal obligation of the property owner from and after the date the cost is certified to the county treasurer. In addition, the cost and the interest thereon shall be a lien against the property from the date the cost is certified to the county treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid.

(4)

In addition to filing a lien on the property, the city may pursue any civil remedy for collection of the amount owing and interest thereon including an action in personam against the owner and/or the responsible party and an action in rem to foreclose its lien against the property. A mineral interest, if severed from the surface interest and not owned by the owner, shall not be subject to any tax or judgment lien created pursuant to this section. Upon receiving payment, if any, the city clerk shall forward to the county treasurer a notice of such payment and directing discharge of the lien.

(Code 1977, § 8.12.080; Ord. No. 1220, § 1, 2, 3-2-2021)

In cases where it is deemed impractical summarily to abate a nuisance, the city may bring suit in the district court of the county, as provided in 50 O.S. § 17.

(Code 1977, § 8.12.090)

(a)

Pursuant to authority granted by 63 O.S. § 1-1011, the health officer shall have authority to order the owner or occupant of any private premises in the city to remove from such premises, at his own expense, any source of filth, cause of sickness, or condition conducive to the breeding of insects or rodents that 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 reasonable, and a failure to do so shall constitute an offense. Such order shall be in writing and may be served personally on the owner or occupant of the premises, or authorized agent thereof, by the health officer or by a police officer, or a copy thereof may be left at the last usual place of abode of the owner, occupant or agent, if known and within the state. If the premises are unoccupied and the residence of the owner, occupant or agent is unknown or is without the state, 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 general circulation in the city.

(b)

If the order is not complied with, the health officer may cause the order to be executed and complied with, and the cost thereof shall be certified to the city clerk, and the cost of removing or abating such nuisance shall be added to the water bill or other city utility bill of the owner or occupant if he is a user of water from the city 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 be subject to the same regulations relating to delinquency in payment, as the utility bill itself. If such owner or occupant is not a user of any city utility service, such cost, after certification to the city clerk, may be collected in any manner in which any other debt due the city may be collected.

(Code 1977, § 8.12.110)

As provided in 50 O.S. § 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 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.

(Code 1977, § 8.12.060)

The city council hereby designates the city manager or his designee as the administrative officer to carry out the duties of the city council under 11 O.S. §§ 22-112, 22-112.2 and 22-112.4. The property owner shall have the right to appeal to the city council from any order of the city manager or his designee. Such appeal shall be taken by filing written notice of appeal with the city clerk within ten days after the administrative order is rendered.

(Ord. No. 1220, § 3, 3-2-2021)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cleaning means the removal of trash from property.

Owner means the owner of record as shown by the most current tax rolls of the county treasurer.

Trash means any refuse, litter, ashes, leaves, debris, paper, combustible materials, rubbish, offal or waste, or matter of any kind or form which is uncared for, discarded or abandoned, garbage, rags, wood, plaster, glass, nails, cans, cement, insulation, plumbing materials and fixtures, plasterboard, roofing and siding materials, brick or stone building rubble, grass and worthless vegetation, dead animals, wire (barbed or otherwise), all waste or discarded materials and substances, and any machine or machines, tires, vehicle or vehicles, or parts of a machine or vehicle which has lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk.

Weed includes but is not limited to poison ivy, poison oak or poison sumac and all vegetation at any state of maturity which:

(1)

Exceeds 12 inches in height, except healthy trees, shrubs or produce for human consumption grown in a tended and cultivated garden unless such trees and shrubbery by their density or location constitute a detriment to the health, benefit and welfare of the public and community or a hazard to traffic or create a fire hazard to the property or otherwise interfere with the mowing of weeds;

(2)

Regardless of height, harbors, conceals or invites deposits or accumulations of refuse or trash;

(3)

Harbors rodents or vermin;

(4)

Gives off unpleasant or noxious odors;

(5)

Constitutes a fire or traffic hazard; or

(6)

Is dead or diseased.

The term "weed" shall not include tended crops on land zoned for agricultural use which are planted more than 150 feet from a parcel zoned for other than agricultural use.

(Code 1977, § 8.08.020; Ord. No. 943, § 1, 9-6-2005)

Cross reference— Definitions generally, § 1-2.

State Law reference— Similar provisions, 11 O.S. § 22-111(D).

The city may cause property within the city limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the procedure in this article.

The provisions of this article shall not apply to any property zoned and used for agricultural purposes or to railroad property under the jurisdiction of the state corporation commission. However, the city may cause the removal of weeds or trash from property zoned and used for agricultural purposes pursuant to the provisions of this article, but only if such weeds or trash pose a hazard to traffic and are located in, or within ten yards of, the public right-of-way at intersections.

State Law reference— Similar provisions, 11 O.S. § 22-111(E).

Any officer or employee of the city who discovers an accumulation of trash or the growth of grass and weeds, or both these conditions, upon any premises within the limits of the city, by reason of which such premises appear to him to be:

(1)

Detrimental to the health, benefit and welfare of the public and the community;

(2)

A hazard to traffic;

(3)

A fire hazard to the danger of property; or

(4)

Any two or more of such results in combination;

should report such condition to the city manager.

(Code 1977, § 8.08.030)

The service of all notices prescribed by this article shall be evidenced by the return of the officer making such service, certified in his official capacity, and filed in the office of the city clerk.

(Code 1977, § 8.08.090)

At least ten days' notice shall be given to the owner of the property by mail, at the address shown by the current year's tax rolls in the county treasurer's office, before the enforcement officer holds a hearing or takes action under this article. The notice shall order the property owner to clean the property of trash, or to cut or mow the weeds or grass on the property, as appropriate, and the notice shall further state that, unless such work is performed within ten days of the date of the notice, the work shall be done by the city and a notice of lien shall be filed with the county clerk against the property for the costs due and owing the city. At the time of mailing of notice to the property owner, the city shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee. However, if the property owner cannot be located within ten days from the date of mailing by the enforcement officer, notice may be given by posting a copy of the notice on the property or by publication, as defined in 11 O.S. § 1-102, one time not less than ten days prior to any hearing or action by the city. If the enforcement officer anticipates summary abatement of a nuisance in accordance with the provisions of section 38-74, the notice, whether by mail, posting or publication, shall state that any accumulations of trash or excessive weed or grass growth on the owner's property occurring within six months from and after the date of this notice may be summarily abated by the enforcement officer, that the costs of such abatement shall be assessed against the owner, and that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner.

(Code 1977, §§ 8.08.040(A), 8.08.050)

State Law reference— Similar provisions, 11 O.S. § 22-111(A)(1).

The owner of the property may give written consent to the city authorizing the removal of trash or the mowing of weeds or grass. By giving written consent, the owner waives his right to a hearing by the city.

(Code 1977, § 8.08.060(B))

State Law reference— Similar provisions, 11 O.S. § 22-111(A)(2).

A hearing may be held by the enforcement officer to determine whether the accumulation of trash or the growth of weeds or grass has caused the property to become detrimental to the health, benefit and welfare of the public and the community or a hazard to traffic, or creates a fire hazard to the danger of property.

(Code 1977, § 8.08.060(A))

State Law reference— Similar provisions, 11 O.S. § 22-111(A)(3).

Upon a finding that the condition of the property constitutes a detriment or hazard, and that the property would be benefited by the removal of such conditions, the agents of the city are granted the right of entry on the property for the removal of trash, mowing of weeds or grass, and performance of the necessary duties as a governmental function of the city. Immediately following the cleaning or mowing of the property, the city clerk shall file a notice of lien with the county clerk describing the property and the work performed by the city, and stating that the city claims a lien on the property for the cleaning or mowing costs.

(Code 1977, § 8.08.060(C))

State Law reference— Similar provisions, 11 O.S. § 22-111(A)(4).

The work ordered to be performed under sections 38-67 through 38-69 may be done by the employees of the city under supervision of the enforcement officer, or it may be let by contract under such terms and conditions as the council may prescribe.

(Code 1977, § 8.08.070)

The enforcement officer shall determine the actual cost of such cleaning and mowing under sections 38-67 through 38-69 and any other expenses as may be necessary in connection therewith, including the cost of notice and mailing. The city clerk shall forward by mail to the property owner specified in section 38-66 a statement of such actual cost and demanding payment. If the cleaning and mowing are done by the city, the cost to the property owner for the cleaning and mowing shall not exceed the actual cost of the labor, maintenance and equipment required. If the cleaning and mowing are done on a private contract basis, the contract shall be awarded to the lowest and best bidder.

(Code 1977, § 8.08.080)

State Law reference— Similar provisions, 11 O.S. § 22-111(A)(5).

If payment is not made within 30 days from the date of the mailing of the statement pursuant to section 38-71, the city clerk shall forward a certified statement of the amount of the cost to the county treasurer and the cost shall be levied on the property and collected by the county treasurer as other taxes authorized by law. Until fully paid, the cost and the interest thereon shall be the personal obligation of the property owner from and after the date the cost is certified to the county treasurer. In addition, the cost and the interest thereon shall be a lien against the property from the date the cost is certified to the county treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid. At the time of collection, the county treasurer shall collect a fee as set forth in section 42-38 for each parcel of property. The fee shall be deposited to the credit of the general fund of the county. At any time prior to collection as provided in this section, the city may pursue any civil remedy for collection of the amount owing and interest thereon, including an action in personam against the property owner and an action in rem to foreclose its lien against the property. A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section. Upon receiving payment, if any, the city clerk shall forward to the county treasurer a notice of such payment and directing discharge of the lien.

(Code 1977, § 8.08.100)

State Law reference— Similar provisions, 11 O.S. § 22-111(A)(6).

Property owners shall have a right of appeal to the city council from any order of the enforcement officer under this article. Such appeal shall be taken by filing written notice of appeal with the city clerk within ten days after the administrative order is rendered.

(Code 1977, § 8.08.060(D))

State Law reference— Similar provisions, 11 O.S. § 22-111(A)(7).

If a notice is given by the city council to a property owner ordering the property within the city limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the procedures provided for in this article, any subsequent accumulations of trash or excessive weed or grass growth on the property occurring within a six-month period may be declared to be a nuisance and may be summarily abated without further prior notice to the property owner. At the time of each such summary abatement the city shall notify the property owner of the abatement and the costs thereof. The notice shall state that the property owner may request a hearing within ten days after the date of mailing the notice. The notice and hearing shall be as provided for in this article. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided for in sections 38-71 and 38-72. This section shall not apply if the records of the county clerk show that the property was transferred after notice was given pursuant to section 38-66.

(Code 1977, § 8.08.040(B))

State Law reference— Similar provisions, 11 O.S. § 111(B).

The regulations and standards of this article are intended to protect the city's public water supply, and to ensure that individual water wells are not cross connected with the city water supply thereby contaminating the water supply. To provide notice to the city when water wells are being drilled, and to check to see if public water supply is available.

(Code 1977, § 13.32.010)

The city will not certify to any home buyer, lending institution or loan guarantee agency the adequacy of any individual water system which does not meet or exceed the standards in this article.

(Code 1977, § 13.32.020)

The chief building official, or his official designee, shall inspect, at such time as he deems necessary, each water well regulated by this article.

(Code 1977, § 13.32.070)

Dependent upon geological and soil conditions and amount of rainfall, individual water supplies shall be of the following types: drilled well, driven well, dug well or bored well. Because of the danger of contamination, surface bodies of water and land cisterns shall not be used as sources of individual water supply unless properly treated by acceptable means.

(Code 1977, § 13.32.030)

(a)

Required; fee; issuance. It shall be unlawful for any individual, corporation or company to drill an individual water well within the city limits without first obtaining a water well drilling permit. A permit fee as set forth in section 42-38 shall be charged. The permit shall be issued by the department of community development.

(b)

Application. The application for a drilling permit shall be made by the owner or the well drilling contractor licensed by the city. Such application shall require that the purpose of the water well shall be for regular use or for domestic purposes. If the city finds that information furnished on the application is a misrepresentation of the actual intention, the permit will be voided, and such misrepresentation shall be a violation of this Code, classified as a misdemeanor.

(Code 1977, § 13.32.040)

(a)

No person except a licensed water well contractor shall engage in the business of drilling water wells requiring permits as provided in this article. A water well drilling contractor's license may be obtained from the community development office of the city upon presentation of a state well driller's license and payment of a license fee as set forth in section 42-38. Such license shall expire on October 31 following the date of issuance, and no reduction in fees for a partial year shall be given. Employees of duly licensed water well drilling contractors shall not be required in the regular course of such employment to obtain such license or pay such fee in order to engage in the work of drilling water wells.

(b)

The city council shall have the right to revoke the license of any water well contractor for a violation of any of the city ordinances relating to water wells.

(Code 1977, §§ 13.32.050, 13.32.080)

(a)

No water well contractor's license shall be issued to any applicant until the applicant therefor shall have deposited with the community development department of the city a surety bond with a power of attorney in the sum of $1,000.00, to be known as the water well contractor's bond. Such bond shall be executed by a surety company authorized to do business in the state. The bond shall expire on October 31 of each year. The bond shall be payable to the city, and as a condition shall state that the licensee shall faithfully and properly conduct his business in compliance with all the ordinances of the city relating to water wells and water well contractors, and the bond shall be conditioned for the payment of all fines and penalties imposed for the violation of such laws, and for the protection and indemnification of the city against all damages and/or injury to any person or property resulting directly or indirectly from the action of the licensee or his employees or representatives.

(b)

The water well contractor shall be required to show proof of workers' compensation insurance and general liability insurance coverage, and copies of such documents shall be attached to the contractor's bond.

(Code 1977, § 13.32.060)

(a)

Minimum quantity. For ordinary residential use, not less than 50 gallons of water per person per day shall be provided. The combined capacity of the source and storage on the system for delivery of water to the residence shall be adequate to supply fixtures at their design demand rates.

(b)

Water quality. Water from an individual water supply shall be certified as bacteriologically safe by the state health department prior to clearance by the city for human consumption.

(c)

Chlorination of system. After construction or major repair, the private potable water supply shall be chlorinated to a level of 50 to 100 parts per million by the individual doing the work, to remove any contamination which may have gained entry. Ordinary liquid laundry bleach may be used to disinfect a well. (Liquid laundry bleach contains 5.25 percent available chlorine.) In a six-inch diameter well, for each foot of water there shall be 1½ gallons. For 100 gallons of water to be treated, to obtain 50 to 100 parts per million of chlorine, 14 to 28 ounces of chlorine shall be used. The chlorine is poured into the well, then the chlorine is mixed with the water in the well by inserting a garden hose through the well seal in the top of the well until the chlorine is thoroughly mixed. All the water taps in the system are opened until a strong chlorine odor is present, then the taps are closed. The chlorine shall be allowed to remain in the system for two hours, or preferably overnight. The system shall be flushed thoroughly, and after one week a sample may be collected for bacterial analysis. If other strength chlorine products are used, the amount required will vary accordingly.

(Code 1977, § 13.32.090)

(a)

Required. An individual water supply shall be so located and constructed as to be safeguarded against contamination.

(b)

Cross connections. No water well shall be connected to any residence when in conflict with any other provision of this Code. Water wells may be drilled on residential lots when approved for gardening or landscape watering purposes. In no case shall public or private supplies be connected together at the same time. If a private water well and the city water supply have been connected, the water well side shall be disconnected by the removal of a two-foot piece of the pipe.

(c)

Well location. A potable groundwater source or pump suction line shall not be located closer to potential sources of contamination than the distances shown in the following table. If the underlying rock structure is limestone or fragmented shale, the local or state health department shall be consulted on the well site location. Wells in residential areas shall be located so as to anticipate the effect of new construction on the safety of the water supply.

TABLE 1. DISTANCE FROM SOURCES
OF CONTAMINATION TO PRIVATE
WATER SUPPLIES AND
PUMP SUCTION LINES

*Note: These distances constitute minimum separation and should be increased in areas of creviced rock or limestone, or where the direction of movement of the groundwater is from sources of contamination toward the well.

(d)

Elevation. Water wells shall be positively drained and shall be at a higher elevation than potential sources of contamination. Wells in pits are unacceptable.

(e)

Depth. Private potable well supplies shall not be developed from a water table less than ten feet below the ground surface, while not less than 20 feet is preferable.

(f)

Casing material. Casings shall conform to the following material standards:

(1)

National Sanitation Foundation approved plastic pipe.

(2)

Standard steel pipe.

(3)

Cast iron pipe in accordance with AWWA standards for well casing.

(g)

Surface casings. Each well shall be provided with a watertight casing to a distance of at least ten feet below the ground surface. All casings shall extend at least eight inches above the well platform. The casing shall be large enough to permit installation of a separate drop pipe. Surface casing shall conform to the following material standards:

(1)

National Sanitation Foundation approved plastic pipe.

(2)

Standard steel pipe (AWWA).

(3)

Cast iron pipe (AWWA).

Six inches of 3,000 pound test concrete shall be placed around the well casing.

(h)

Drilled or driven well casings. Drilled or driven well casings shall be of steel or other suitable material. Where drilled wells extend into a rock formation, the well casing shall extend to and be set firmly in the formation. The annular space between the earth and the outside of the casing shall be filled with 3,000-pound test concrete to a distance of at least ten feet below the ground surface, to make it watertight around the outside of the casing to exclude pollution.

(i)

Dug or bored well casings. Dug or bored well surface casings shall extend to a distance of at least ten feet below the ground surface. Where the water table is more than ten feet below the ground surface, the watertight casing shall extend below the table surface. Well casings for dug wells or bored wells may be built of sections of concrete, tile, or galvanized or corrugated metal pipe. When used, these shall be surrounded by six inches of 3,000-pound test concrete poured into the hole between the outside of the casing and the ground to a depth of at least ten feet, to make it watertight around the outside of the casing to exclude pollution.

(j)

Cover. Every potable water well shall be equipped with a tight cover at the top of the casing well or pipe sleeve so that contaminated water or other substances cannot enter the well through the annular opening at the top. A dug well cover shall be provided with a pipe sleeve which will permit the withdrawal of the pump suction pipe, cylinder or jet body without disturbing the cover. Where pump section or discharge pipes enter or leave a well through the side of the casing, the circle of contact shall be watertight.

(k)

Drainage. All potable water wells shall be constructed so that surface drainage will be diverted away from the well.

(l)

Terminal construction. Where possible, a four-inch slab should extend at least two feet from the casing. Where a licensed well driller certifies that proper grouting is in place and local conditions warrant, the requirement for a slab may be waived. The casing must be capped with a commercial well seal and shall have access available for disinfection of the well. Electrical cables passing through the seal must be properly sealed. Vents must be turned downward and screened. Where a pitless adaptor is used, the unit must have NSF approval. A bentonite clay seal may be substituted for cement grout from a distance of 12 inches below the adaptor to the surface to facilitate maintenance of the pitless adaptor. A dug well cover shall be provided with a pipe sleeve which will permit the withdrawal of the pump mechanisms without disturbing the cover. All potable water wells shall be constructed so that surface drainage will be diverted away from the well.

(Code 1977, § 13.32.100)

(a)

Generally. Pumps shall be so constructed and installed as to prevent contamination from entering a potable water supply through the pump units. They shall be sealed to the well casing or covered with a watertight seal. Pumps shall be designed to maintain their prime and shall be so installed that pump parts of the entire assembly are readily accessible for repairs.

(b)

Pump enclosure. Any pump room or enclosure about a well pump shall be positively drained and protected from freezing by heating or other approved means.

(Code 1977, § 12.32.110)

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The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The definitions contained in the Oklahoma Administrative Code (OAC 252:100-13-1), under which this article is promulgated, shall also apply.

Air curtain incinerator means an incineration unit operating by forcefully projecting a curtain of air across an open, integrated combustion chamber (fire box) or open pit or trench (trench burner) in which combustion occurs.

Campfire means an outdoor fire where the fuel being burned is not contained in an incinerator, outdoor fireplace, screened metal fire pit, barbeque grill or barbeque pit and has a total fuel area of three feet or less in diameter and two feet or less in height, and is used for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

Combustible materials means any substance which will readily burn and shall include those substances which, although generally considered incombustible, are or may be included in the mass of the material burned or to be burned.

DEQ means the Oklahoma Department of Environmental Quality.

Domestic refuse means combustible materials or refuse that normally result from the function of life at a residence, such as kitchen garbage, untreated lumber, cardboard boxes, packaging, clothing, grass, leaves, and branch trimmings. It does not include such things as tires, non-wood construction debris, furniture, carpet, electrical wire, and appliances.

Fire training means a fire purposely set as part of an organized program of drills for the training of firefighting personnel or for testing firefighting materials or equipment, which is part of a recognized training program.

Human-made structure means any structure constructed with the intent of providing shelter to persons or property. It does not include structures constructed specifically for live-burn fire training purposes.

Land clearing operation means the uprooting, cutting, or clearing of vegetation in preparation for the construction of buildings, the development of residential, commercial, agricultural, or industrial properties, and for the construction and maintenance of rights-of-way. It does not include the clearing of vegetation such as trimmings, fallen limbs, branches, or leaves, or other wastes from routine property maintenance activities, or the removal or destruction of human-made structures.

Open burning means the burning of combustible materials in such a manner that the products of combustion are emitted directly to the outside atmosphere.

Ozone alert means an announcement by the DEQ that the ozone concentrations in the alert area are forecasted to exceed the National Ambient Air Quality Standard. The ozone alert applies to the day following the announcement.

Particulate matter alert, or PM alert means an announcement by the DEQ that the particulate matter concentrations in the alert area are forecasted to exceed the National Ambient Air Quality Standard. The PM alert applies to the day following the announcement.

Products of combustion means all particulate and gaseous air contaminants emitted as a result of the burning of refuse and combustible materials.

Refuse means garbage, rubbish, domestic refuse and all other wastes generated by a trade, business, industry, building operation, or household.

Yard brush means cut or broken branches, leaves, limbs, shrubbery, or tree trimmings. It does not include refuse, grass clippings, in-ground tree stumps, or any nonvegetative material.

(Code 1977, § 8.16.030; Ord. No. 1049, § 1, 9-7-2010; Ord. No. 1277, § 1, 11-1-2022)

Cross reference— Definitions generally, § 1-2.

State Law reference— Definitions, 27A O.S. § 2-5-104.

This article is for the purpose of preventing, abating and controlling air pollution resulting from air contaminants released in the open burning of refuse and other combustible materials.

(Code 1977, § 8.16.010)

This article shall apply to all operations involving open burning except those specifically exempted by section 38-136.

(Code 1977, § 8.16.020; Ord. No. 1049, § 2, 9-7-2010)

No person shall cause, suffer, allow or permit open burning of refuse or combustible material, except as may be allowed in compliance with sections 38-136, 38-137 and 38-138.

(Code 1977, § 8.16.040; Ord. No. 1049, § 3, 9-7-2010; Ord. No. 1277, § 2, 11-1-2022)

No person shall cause, suffer, allow or permit open burning of combustible material in connection with the salvage of motor vehicles, tires, oil and similar substances, containers, coated or painted wire and metals, and other material.

(Code 1977, § 8.16.050)

(a)

When not prohibited by law or ordinance, the following types of burning are allowed, provided the conditions and requirements in section 38-137 and section 38-138 have been met:

(1)

Fire training. Open burning of human-made structures for the purpose of fire training is allowed as provided for in Oklahoma Clean Air Act, 27A O.S., § 2-5-106.1. Industrial and commercial facilities and fire training schools conducting on-site live burn fire training are not subject to this provision.

(2)

Elimination of hazards. Provided prior authorization is obtained from the fire chief, open burning is allowed for the elimination of:

a.

A fire hazard that cannot be abated by any other means.

b.

A dangerous or hazardous material when there is no other practical or lawful method of abatement or disposal if authorization is also received from the Oklahoma Department of Environmental Quality prior to such burning.

(3)

Recreational and ceremonial fires. Open burning is allowed for camp fires and other fires used solely for recreational purposes, ceremonial occasions, or noncommercial preparation of food.

(4)

Land management and land clearing operations. Open burning is allowed for the following land management and land clearing operations:

a.

Fires purposely set to forest, crop or range lands for a specific reason in the management of forests, crops or game, in accordance with practices recommended by the Oklahoma Department of Wildlife Conservation, the Oklahoma State Department of Agriculture, and the United States Forest Service.

b.

Fires purposely set for land clearing operations if conducted at least 500 feet upwind of any occupied residence other than those located on the property on which the burning is conducted. Such burning shall be conducted using an air curtain incinerator.

(5)

Hydrocarbon burning. Open burning of hydrocarbons is allowed for:

a.

The disposal of spilled hydrocarbons or the waste products of oil exploration, development, refining or processing operations which cannot be feasibly recovered or otherwise disposed of in a legal manner. Notice must be given to the DEQ prior to such burning.

b.

The disposal of waste hydrocarbons through a flare. The owner or operator shall be required to use a smokeless flare if a condition of air pollution is determined to exist by the DEQ.

(6)

Open-pit incinerator. Except for hazardous material, any combustible material or refuse that is allowed to be burned under this section may be burned in an open-pit incinerator that is properly designed and operated for the control of smoke and particulate matter. The owner or operator of the open-pit incinerator shall not accept any material owned by other persons and shall not transport any material to the property where the open-pit incinerator is located in order to burn the material.

(7)

Yard brush. Yard brush may be burned on the property where the waste is generated.

(b)

Air curtain incinerator. Except for hazardous material, any combustible material that is allowed to be burned under this section may be burned in an air curtain incinerator that is properly designed and operated for the control of smoke and particulate matter. The owner or operator of the air curtain incinerator shall not accept any material owned by other persons and shall not transport any material to the property where the air curtain incinerator is located in order to burn the material. Open burning for land clearing operations requires use of an air curtain incinerator.

(Ord. No. 1049, § 4, 9-7-2010; Ord. No. 1277, § 3, 11-1-2022)

Editor's note— Section 4 of Ord. No. 1049, adopted Sept. 7, 2010, repealed the former § 38-136 and enacted a new § 38-136 as set out herein. The former § 38-136 pertained to municipal solid waste disposal and derived from Code 1977, § 8.16.060.

Open burning may be conducted only if the following conditions and requirements are met:

(1)

No public nuisance is or will be created.

(2)

The burning is controlled so that a visibility hazard is not created on any roadway, rail track or air field as a result of the air contaminants being emitted.

(3)

The burning is conducted so that the contaminants do not adversely affect the ambient air quality of a city or town.

(4)

The initial burning shall begin only between three hours after sunrise and three hours before sunset and additional fuel shall not be intentionally added to the fire at times outside these limits. This requirement does not apply to the open burning allowed under subsections 38-136(2), (3), (4)a. and (5)b.

(Ord. No. 1049, § 5, 9-7-2010)

Editor's note— Section 5 of Ord. No. 1049, adopted Sept. 7, 2010, repealed the former § 38-137 and enacted a new § 38-137 as set out herein. The former § 38-137 pertained to permissible open burning and derived from Code 1977, § 8.16.070.

Open burning operations require a permit issued by the fire department before ignition of any material. Permits may be issued if the following conditions are met:

(1)

Open fires shall be located not less than 50 feet from any structure or combustible fencing.

(2)

Burning shall occur during daylight hours only. Permitted campfires are exempt from this requirement.

(3)

Persons and equipment capable of extinguishing the fire shall be on the burn site and in attendance at all times.

(4)

No household waste, garbage, plastic, fabric, furniture, flammable or combustible liquid, or any waste material shall be burned.

(5)

No permit shall be issued when any weather condition may create increased fire danger, such as wind, low humidity, drought, etc., as determined by the fire department.

(6)

Approval for burning must be obtained each day burning occurs.

(7)

Any permit issued may be revoked by a fire or police official for the protection of life or property, or to prevent or abate the nuisances caused by such burning, or at any other time when deemed necessary.

(8)

The applicant has obtained any required permit from the DEQ for operation of an air curtain incinerator.

Permits are not required for fires contained in an incinerator (excluding an air curtain incinerator); outdoor fireplace, screened metal fire pit, barbeque grill or barbeque pit, and that are used solely for recreational purposes, ceremonial occasions, or preparation of food.

(Ord. No. 1049, § 6, 9-7-2010; Ord. No. 1277, § 4, 11-1-2022)

The authority to conduct open burning under the provisions of this section does not exempt or excuse a person from the consequences, damages or injuries which may result from such conduct, nor does it excuse or exempt any person from complying with all applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this section.

(Ord. No. 1049, § 7, 9-7-2010)

Any person who violates any provision of this article or fails to comply therewith, or with any of the requirements thereof, shall be guilty of an offense punishable as provided in section 1-8 of this Code, plus all court costs and statutory penalties; and each day such violation is permitted to exist shall constitute a separate offense, in addition to the other remedies provided in this article. The city may institute any proper action or proceedings to enforce the provisions of this article.

(Ord. No. 1049, § 8, 9-7-2010)