ORDINANCE NO. 79
AN ORDINANCE OF THE TOWN OF SLAUGHTERVILLE, OKLAHOMA, ADOPTING PROVISIONS REGARDING SOLID WASTE, TRASH, AND LITTER DISPOSAL; PROVIDING FOR SEVERABILITY OF THE SECTIONS OF THIS ORDINANCE; DEFINING TERMS; DEFINING A NUISANCE; PROVIDING FOR A PENALTY; PROVIDING FOR AN EMERGENCY; AND ESTABLISHING THE CITATION OF THIS ORDINANCE.
WHEREAS, title 27A of the Oklahoma Statutes, Section 2-10-301 allows any Municipality to regulate the disposal of solid waste; and
WHEREAS, the Town of Slaughterville is desirous of preserving the environment and the natural resources by having their citizens properly dispose of solid waste, trash and litter;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN BOARD OF TRUSTEES OF SLAUGHTERVILLE, OKLAHOMA:
Section 1. Definitions.
The definitions of words, terms and phrases contained in the Solid Waste Management Act as fully set forth in Title 27A, Chapter 2, Article X, are hereby adopted; in addition thereto, the following words and terms shall be defined as follows:
1. "Solid waste" means all putrescible and nonputrescible refuse in solid, semisolid, or liquid form including, but not limited to, garbage, rubbish, household trash, incinerator residue, street refuse, appliances, used motor oil, demolition wastes, construction wastes, solid or semisolid commercial and industrial wastes including explosives, biomedical wastes, chemical wastes, radioactive materials, herbicide and pesticide wastes. The term "solid waste" shall not include the following, so long as the same are kept in an orderly fashion and are not a nuisance:
2. "Trash" means any refuse, litter, paper, diapers, rubbish, offal, waste, or other matter of any kind or form which is uncared for, discarded or abandoned.
3. "Litter" shall mean any garbage, refuse, rubbish, street cleanings, paper, wrappings, styrofoam, plastics, cardboard, tin cans, or crockery and similar materials referred to as rubbish or trash.
Section 2. Disposal.
All persons shall dispose of solid waste, trash and/or litter in a Department of Environmental Quality (DEQ) permitted facility. No owner, lessee or other person shall dispose of any solid waste, trash and/or litter upon his or her own property or upon the property of another whether the owner agrees to such disposal or not. All such disposal shall be deemed a nuisance and a hazard to the public health and environment and shall be abated as provided in the Zoning Ordinance.
Section 3. Burning of Waste.
No person shall burn any solid waste, trash or litter, whether in a barrel, in a trash pile, or otherwise. The burning shall be deemed a nuisance and a hazard to the public health and environment and shall be abated as provided in the Zoning Ordinance.
Section 4. Nuisance.
It shall be unlawful for any person, owner, lessee or others to create, maintain, or allow a nuisance to remain on premises under his or her control within the Town of Slaughterville. The Town Board of Trustees has the power to determine what is and what shall constitute a nuisance within the Town limits for the protection of the public health, parks, streams, public ways, water supply and the environment. Any nuisance shall be abated pursuant to the terms of the Zoning Ordinance, or as otherwise allowed by law.
Section 5. Citation.
This Ordinance shall be known and may be cited as the Slaughterville, Oklahoma, "Trash Ordinance".
Section 6. Violation
Any person who violates any provision of this Ordinance shall be guilty of an offense and, upon conviction thereof, shall be fined in an amount not to exceed the limits established by State Law. Each day upon which such violation continues shall be deemed a separate offense.
Section 7. Separability.
If any Section, clause, paragraph, provision or portion of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other Section; clause; paragraph; provision; or portion of said Ordinance, and to this end, the provisions of this Trash Ordinance are declared to be separable.
Section 8. Enforcement and Administration.
This Ordinance shall be enforced by the Code Enforcement Officer/Inspector, or a designated representative acting at the direction of the Town Board of Trustees. The Code Enforcement Officer has the right to go onto a citizen’s premises for the purpose of inspecting the property to be able to determine compliance with the Town’s Ordinances.
Section 9. Emergency.
It being necessary for the preservation of the public health, safety, peace and welfare of the residents of the Town of Slaughterville, Oklahoma, that these regulations be adopted in order to accommodate the needs of the Community, an emergency is hereby declared to exist, by reason whereof the provisions of this Ordinance shall be in full force and effect immediately upon its approval and adoption as required by Law.
PASSED, APPROVED AND ADOPTED this 17th day of April, 2007.
ATTEST:
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Town Clerk Mayor
(SEAL)