Hello All! Tomorrow we have up on the agenda the Nuisance Law I have been working on over the past two years. It is designed to help us fight back against the problem neighbors who we keep having to call the police on. It will be heard tomorrow and it is item D-4. If you are able to come out and support us I would be very grateful! I have met some resistance in the past and am hopeful we can get it done this time. Below is the copy of the ordinance, and if you have any questions please give me a call! 405-919-5730
Proposed ORDINANCE
SECTION 1. The Midwest City Municipal Code, Chapter 28, Offenses
-- Miscellaneous, Article II, Offenses Against Morals, Section 28-20,
Disorderly house, is hereby amended to read as follows:
(a) It shall be unlawful for any person to
keep, maintain, reside, or otherwise make available any Disorderly House or to
aid or assist another in keeping, maintaining or residing in such house.
(b) As used herein the term "Disorderly House"
shall include any brothel, bawdy house, house of ill fame, gaming house, house
of assignation or house or room where persons congregate to unlawfully:
(1)
engage in drinking intoxicating or non-intoxicating beverages;
(2)
inhale or ingest any compound, liquid or chemical,
salt, isomer and salt of isomer prohibited under the Oklahoma Controlled
Dangerous Substances Act, 63 O.S. § 2-204 and § 2-206, not already prohibited
under sections 28-130 or
28-131of this Code, including but not limited to, specific substances
prohibited therein and/or defined as opiates, opium derivatives, any level of a
hallucinogenic substance, any quantity of substances having a stimulant or
depressant effect on the central nervous system, any quantity of a synthetic
chemical compound that is a cannabinoid receptor agonist, which may be used or
consumed by a person for the purpose of inducing a condition of intoxication,
distortion or disturbance of the auditory, visual or mental processes.
“Disorderly house”
shall also include any property on which three or more Nuisance Violations have
occurred within a floating 90-day period which shall begin on the date of a violation. “Nuisance Violation” shall be any felony or a
violation of:
(56)
Sec.
26-3. – Prohibited generally [noise].
(c) It
shall not be considered a Nuisance Violation to report unlawful conduct.
(d) A property
owner not in possession of his/her property is only in violation of this
section if s/he intentionally continues to make available his/her property to anyone
violating the provisions of this section.
For the purpose of this ordinance intent means knowledge of the Nuisance
Violations occurring on the property.
(e) Any
property owner charged with violating the provisions of this section may submit
a property improvement plan to the municipal judge compliance with which may
serve as a condition of a deferred sentence.
The judge shall have the discretion to determine whether such property
improvement plan will likely preclude the commission of further Nuisance
Violations on the subject property.
